Spain 'partly backed' over Gibraltar voting rights
A senior legal adviser at the European Union’s court of justice in Luxembourg today sided with Spain in a legal case launched against Britain, agreeing that electoral laws in Gibraltar allowing non-EU citizens the right to vote in European elections violated EU treaty rules.
In his legal opinion to the EU court, Advocate General Antonio Tizzano said that, while Britain had an obligation to extend voting rights to British citizens in Gibraltar, a 2003 act to extend such rights to citizens of the British Commonwealth who are not British or citizens of any other EU country “infringes” EU law.
Tizzano rejected the other part of Spain’s case, which argued Britain acted illegally by including Gibraltar in voting districts in Wales and England for European Parliament elections.
While Tizzano’s opinion is not binding, the court follows the view of its advocates general in about 80% of cases.
Spain ceded sovereignty of Gibraltar to Britain in 1713, but has persistently sought its return.
Most of Gibraltar’s 30,000 residents are in favour of remaining British.
