Spain’s Challenge To Gibraltarians' Right to Vote Set For July ECJ Hearing

by Jason Gorringe, Tax-News.com, London

25 May 2005

The Spanish challenge to UK legislation which allows people living in Gibraltar the right to vote in elections to the European Parliament will be heard in the European Court of Justice (ECJ) on July 5.

The UK statute that Spain is contesting was adopted by the British government following the “Matthews v. United Kingdom” case of 18 February 1999, in which the country was condemned by the European Court of Human Rights because no European parliamentary elections had ever been held in Gibraltar.

The UK adopted the European Parliament Representation Act (EPRA 2003) in May 2003, which incorporated the jurisdiction into the UK's South West constituency for last year's European elections.

However, Spain filed a complaint with the European Commission against the British government on 27 July 2003, alleging that the UK European Parliament Representation Act 2003 (EPRA 2003) was contrary to Community law because it violates Articles 17, 19, 189 and 190 of the EC Treaty and Annex II to the 1976 Act.

Rejecting the Commission's offer to find an amicable solution to the issue, Spain brought an action against the United Kingdom before the Court of Justice in March 2004, arguing that by enacting the EPRA 2003, the United Kingdom had failed to fulfil its obligations under the EC Treaty, as well as the 1976 Act concerning the Election of the representatives of the European Parliament by Direct Universal Suffrage.

Spain is arguing that the EPRA 2003 recognises the right to vote in the elections to the European Parliament for persons who are not nationals of a Member State and therefore do not have the status of citizens of the Union or the right to vote in European elections.

Spain is also objecting to the fact that the UK legislation has accommodated the territory of Gibraltar in an existing electoral region in the United Kingdom.

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