| Author (Corporate) | Cardiff EDC (Compiler) |
|---|---|
| Publication Date | 2020-2022 |
| Content Type | Blog & Commentary, News, Overview |
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Summary: Information Guide concerning Case C-673/20 from the Court of Justice of the European Union (CJEU), which relates to the rights of British nationals living in the European Union (EU) following the United Kingdom's withdrawal from the EU. Further information: A British citizen who has resided in France since 1984 and is married to a French citizen was removed from the electoral roll of the Commune of Thoux by the Institut national de la statistique et des études économiques (INSEE). The individual was therefore unable to take part in the municipal elections held in France in March 2020. In October 2020, the British national filed an application to be re-registered on the electoral roll for non-French citizens of the European Union. The application was rejected by the Mayor of the Commune. In November 2020, the individual brought an action before the Court of Auch (tribunal judiciaire d’Auch) to contest the decision. It was asserted that this individual is no longer able to vote and to stand as a candidate in the United Kingdom because of the British 15-year rule by virtue of which a British national who has resided abroad for more than 15 years is no longer entitled to take part in elections held in the UK. The individual argued that they are deprived of the right to vote and stand as a candidate both in France and in the United Kingdom. The Court asked the CJEU to ascertain whether British nationals who transferred their residence to a Member State before the end of the transition period laid down in the EU-UK Withdrawal Agreement continue to benefit from the status of EU citizen and, more specifically, whether the right to vote and to stand as a candidate in municipal elections in their Member State of residence remains. If that is not the case, the court asked the CJEU to assess, in particular in the light of the principle of proportionality, the validity of the Withdrawal Agreement. On 9 June 2022, the CJEU ruled that British national who used to enjoy the rights attached to EU citizenship no longer benefit, after the withdrawal of the UK from the EU, from the right to vote and to stand as a candidate in municipal elections in their Member State of residence. |
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| Subject Categories | Law, Politics and International Relations |
| Subject Tags | Brexit, EU Law, Regional | Local Elections |
| Keywords | CJEU Judgments, EU Citizenship, Post-Brexit |
| Countries / Regions | France, United Kingdom |
| International Organisations | European Union [EU] |
