ECJ Rules in Favour of Gibraltarians

12.18.52pm BST (GMT +0100) Tue 12th Sep 2006

The European Union's highest court today rejected Spain's contention that electoral laws in Gibraltar, which allow some non-EU citizens to vote in European Parliament elections, violated EU law.

The European Court of Justice in Luxembourg ruled that it was up to Britain to decide for itself whether to allow non-EU citizens to vote in European elections, stating that there is no specific definition in EU treaties of who is entitled to vote.

Spain filed the court action last year, claiming that as some Gibraltarians are not EU citizens they should not be allowed to vote for members of the European Parliament or stand for election themselves.

The European Court of Justice also rejected another part of Spain's case which suggested Britain had acted illegally by including Gibraltar in its voting districts for European Parliament elections. The court said Britain had an obligation to extend voting rights to British citizens in Gibraltar.

Following today's decision, South West and Gibraltar MEP Graham Watson stated:

"It comes as a fitting conclusion to Gibraltar's National Day celebrations that the European Court of Justice has thrown out a spurious Spanish assault on Gibraltar's sovereignty."