“65 …. Articles 189 EC and 190 EC do not expressly and precisely
state who are to be entitled to the right to vote and to stand as a
candidate for the European Parliament.
66 … [Article 19 EC] is confined to applying the principle of nondiscrimination on grounds of nationality to the exercise of that right,
by providing that every citizen of the Union residing in a Member
State of which he is not a national is to have the right to vote and to
stand as a candidate in elections to the European Parliament in the
Member State in which he resides, under the same conditions as
nationals of that State.
….
76 …. Article 19(2) EC …. is confined, as pointed out in paragraph
66 above, to stating a rule of equal treatment between citizens of the
Union residing in a Member State so far as concerns that right to
vote and stand for election. While that provision, like Article 19(1)
EC relating to the right of Union citizens to vote and to stand as a
candidate at municipal elections, implies that nationals of a Member
State have the right to vote and to stand as a candidate in their own
country and requires the Member States to accord those rights to
citizens of the Union residing in their territory, it does not follow that
a Member State in a position such as that of the United Kingdom is
prevented from granting the right to vote and to stand for election to
certain persons who have a close link with it without however being
nationals of that State or another Member State.”
The Court also referred to the provisions of the 1976 Act (paras 67 to 69).
50.
In paras 90 to 97 the Court of Justice addressed Spain’s second plea that the
United Kingdom had, in the arrangements made to enable the Gibraltar electorate
to vote, gone further than required to comply with the European Court of Justice’s
judgment in Matthews v United Kingdom. It recited in this connection that it was
the United Kingdom’s obligation to comply with Matthews and that in the light of
the “case-law of the European Court of Human Rights and the fact that that Court
has declared the failure to hold elections to the European Parliament in Gibraltar to
be contrary to [A3P1] …., the United Kingdom cannot be criticised” for adopting
the necessary legislation.
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