upon the introduction of the new article 20.2(b). This, he submits, is a selfstanding provision, expressly conferring the individual right to vote on citizens of
the Union in respect of European Parliamentary and municipal elections. In my
opinion, it is clear that that is not the effect of article 20.2(b). As its opening
sentence proclaims, article 20 deals with the enjoyment of rights provided in the
Treaties. What follow are some of the basic rights so enjoyed. They all have a
supra-national element. Article 20.2(b) is thus expressly limited to recording the
existence of the right of Union citizens to vote and stand in municipal and
European Parliamentary elections in their Member State of residence “under the
same conditions as nationals of that State”. The omission of express reference to
the fact that this is dealing with citizens resident in a State other than that of their
nationality is entirely understandable in the context of what was intended as a
concise summary. That fact is anyway implicit. The detailed Treaty provisions
regarding the rights to which article 20.2(b) refers are contained in article 22.1 and
22.2, which would on Mr O’Neill’s case in fact be not only redundant but also
positively misleading in their limitation to the situation of residence in a Member
State other than that of nationality. The position is further confirmed by articles 39
and 40 CFR, which again would be positively misleading in their limitation to that
situation, and by the Explanations to the CFR which explicitly equate articles 20.2
and 22: see para 16 above. There is no basis for or likelihood in Mr O’Neill’s
supporting submission that article 20.2(b) was expressly aimed at, in effect,
endorsing Advocate General Tizzano’s views as to where European Union law
was or should go in conferring individual rights. Had that been remotely intended,
quite different explicit language would have been used.
Non-discrimination
60.
The other limb of Mr O’Neill’s submissions involves reliance on the
principle of non-discrimination applied in Eman and Sevinger. The infringement
there consisted in unequal treatment by Dutch law in relation to voting in
European Parliamentary elections by Netherlands nationals in comparable
situations. The most fundamental area in which this principle has always
manifested itself is in relation to discrimination on the grounds of nationality: see
article 7 of the original EEC Treaty, now article 18 TFEU, which provides:
“Within the scope of application of the Treaties, and without
prejudice to any special provisions contained therein, any
discrimination on the grounds of nationality shall be prohibited.”
But the principle has achieved much wider application. Article 13.1 EC (now
substantially reproduced as article 19.1 TFEU) provides:
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