Original scientific paper
ELECTORAL RIGHTS UNDER THE REVIEW OF THE EUROPEAN COURT OF JUSTICE: JUDICIAL TRENDS AND CONSTITUTIONAL WEAKNESSES
Stanislas Adam
Abstract
This article aims to identify the link between EU electoral rights and national
citizenship and to situate these rights in the broader context of EU citizenship. For these
purposes, two recent judgments of the European Court of Justice regarding EU elections
dated 12 September 2006 are discussed (Spain v United Kingdom and Eman &
Sevinger). These judgments establish important principles for the election of the
European Parliament, especially the scope ratione personae of recognised electoral
rights of EU citizens and the boundaries framing national policies in this respect. They
either leave Member States free to apply residence criteria in order to limit the scope
ratione personae of EU electoral rights or to invoke their own constitutional traditions to
extend that scope. This is not to say, however, that the Member States enjoy complete
freedom in this respect. The paper concludes that the current fundaments of EU
citizenship are weak in EU primary law, in particular in the field of political rights. For
this reason, the European elections and, more generally, the European democratic
process should be discussed once again at the highest political level.
Keywords
Hrčak ID:
28567
URI
Publication date:
2.11.2007.
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