Abstract/Summary

Following the 31 October 2017 oral evidence session,1 and considering the Committee’s ‘Brexit: Acquired Rights’ report, this submission addresses the potential loss of electoral rights currently enjoyed by UK citizens in the EU27 and by EU27 citizens in the UK. The submission addresses the issue of prolonged uncertainty regarding citizens’ status and rights, focusing on the ramifications of the EU institutions’ and the UK government’s positions. It argues that, uncertainty on both sides of the channel is brought about by the EU Council’s negotiating mandate and the UK government’s conditionality approach to the maintenance of rights of EU27 citizens, including electoral rights. The submission further contends that, should the UK’s withdrawal from the EU result in disenfranchisement, it may give rise to challenges under Article 3 of the First Protocol (A3P1) to the European Convention of Human Rights.The European Court of Human Rights has considered (local government) elections to the devolved administrations (The Scottish Parliament, the Welsh Assembly, and the Northern Irish Assembly) to fall within the ambit of this provision qua ‘the choice of the legislature’. The Court has similarly applied scrutiny to the franchise in European Parliamentary elections. It is finally suggested that, exclusion of (some) EU27 citizens from European Parliamentary elections could lead to EU law based challenges against their Member States.