Spain v United Kingdom [2006]

Lucia — Sun, 03 Jun 2007 09:06:40 +0000

In this case the ECJ was confronted with a question concerning the right to vote in European Parliament elections of residents who are not citizens of the European Union. Spain contested before the ECJ a statute of the United Kingdom of Great Britain and Northern Ireland which provides, in relation to Gibraltar, that Commonwealth citizens resident in Gibraltar who are not Community nationals have the right to vote and to stand as a candidate in elections to the European Parliament.

ECJ after deliberation stated that it is for the Member States to define, in compliance with EC law, the persons entitled to vote and to stand as a candidate in elections to the European Parliament. Articles 189, 190, 17 and 19 EC Treaty do not preclude the Member States from granting that right to vote and to stand as a candidate to certain persons who have close links to them other than their own nationals or citizens of the Union resident in their territory. Also, a clear link between citizenship and the right to vote cannot be deduced from the Treaty provisions relating to the composition of the European Parliament and to EU citizenship. At the end, the ECJ concluded that the contested UK legislation is not in breach of EC law.

Text of the ECJ judgment
Text of the AG opinion

EU Case Law » Law governing the institutions

Spain v United Kingdom [2006]