EU Accession to the ECHR Requires Ensuring
the Franchise for EU Citizens in National
Elections
Andrew Duff
As rapporteur of the European Parliament on electoral reform, I strongly
support the launching of this ECI, and will sign it.
Another hopeful event is the prospect of the EU signing up to the ECHR
(and its First Protocol). This will, in my view, allow disenfranchised citizens
to seek a remedy at the European Court of Justice at Luxembourg and/or the
European Court of Human Rights at Strasbourg by demanding that the EU
now has a duty to act to guarantee ‘conditions which will ensure the free
expression of the opinion of the people in the choice of the legislature’.
With that in mind, I recently asked a written question of the European
Commission as follows:
‘All member states have adopted the first Protocol to the European Convention
on Human Rights (ECHR), Article 3 of which states that: “The High
Contracting Parties undertake to hold free elections at reasonable intervals by
secret ballot, under conditions which will ensure the free expression of the
opinion of the people in the choice of the legislature”.
‘In view of the imminent likely accession of the European Union to the
ECHR and to its first Protocol, what does the Commission intend to do about
member states who disenfranchise their own nationals who choose to live in
another EU state for an extended period?
‘Likewise, what does it intend to do to encourage EU states to extend the
right to vote in national elections to their long-term resident EU citizens of
another nationality?
‘Does the Commission agree that it is unacceptable that a very large number of EU citizens are deprived of their basic civic right to choose the legislature either of the state in which they live or in their original state?
‘Will the Commission be ready to take action to ensure that all EU states
comply with the provisions of the ECHR which guarantee the right to vote?’
The answer of Commission Vice-President Reding (E-9269/2011, 2 February
2011) was somewhat disappointing. Here it is:
‘As already highlighted in its reply to written question E-7910/2010 by Mr.
Jim Higgins and E-8488/2011 by Mr. Morten Løkkegaard, the Commission is
aware that national provisions in a number of member states disenfranchise
© The Author(s) 2019
R. Bauböck (ed.), Debating European Citizenship, IMISCOE Research
Series, https://doi.org/10.1007/978-3-319-89905-3_5
31
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