Judgment of the Court of Justice in Case C-650/13 Thierry Delvigne v Commune de Lesparre-Médoc and Préfet de la Gironde

Author (Corporate)
Series Title
Series Details No.118, 2015 (06.10.15)
Publication Date 06/10/2015
Content Type

In a judgement announced on the 6 October 2015 the European Court of Justice stated that a Member State can maintain an indefinite ban on voting in European Parliament elections for certain nationals of that State. Such a ban must, however, be proportionate to the aim pursued.

In the judgment, the Court ffound first of all that the deprivation of the right to vote to which Mr Delvigne was subject represented a limitation of the exercise of the right of EU citizens to vote in elections to the European Parliament, as guaranteed in the Charter of Fundamental Rights of the European Union. The Court noted that limitations may, however, be imposed on the exercise of fundamental rights, and provided, inter alia, that they are proportionate. In this case, the Court considered that the ban to which Mr Delvigne was subject was proportionate.

Even though the case directly concerned a situation in France, many UK news sources and commentators also discussed the implications for the UK as the United Kingdom was the only western European country with a blanket ban on prisoner voting, a situation which meant a long-running legal dispute with the European Court of Human Rights.

Source Link http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-10/cp150118en.pdf
Related Links
BBC News, 06.10.15: UK prisoners 'could challenge blanket ban on voting' http://www.bbc.co.uk/news/uk-34450879
ESO: Background information: Remaining legacy prisoner voting cases: ECHR finds violation of the right to vote but awards no compensation or legal costs http://www.europeansources.info/record/press-release-remaining-legacy-prisoner-voting-cases-echr-finds-violation-of-the-right-to-vote-but-awards-no-compensation-or-legal-costs/
The Guardian, 06.10.15: UK's prisoner voting ban likely to be ruled illegal by EU court http://www.theguardian.com/politics/2015/oct/06/uk-prisoner-voting-ban-likely-to-be-ruled-illegal-by-eu-court
ESO: Background information: Prisoners' voting rights http://www.europeansources.info/record/prisoners-voting-rights/
EurActiv, 06.10.15: Europhile Brits relieved after EU judges' decisions on welfare, prisoners' votes http://www.euractiv.com/sections/uk-europe/europhile-brits-relieved-after-eu-judges-decisions-welfare-prisoners-votes-318265
Blog: EU Law Analysis, 15.10.15: Prisoner voting: now a matter of EU law http://eulawanalysis.blogspot.co.uk/2015/10/prisoner-voting-now-matter-of-eu-law.html
UK: Parliament: House of Commons: Library: Research Briefing: Prisoners' voting rights http://researchbriefings.files.parliament.uk/documents/SN01764/SN01764.pdf
Blog: House of Commons: Library: Second Reading, 13.01.16: The Return of the Prisoner Voting Saga? https://commonslibraryblog.com/2016/01/13/the-return-of-the-prisoner-voting-saga/

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