GSLP / Spain /Eurovote
Jim Watt
Spain continues with hostile legal action
The Opposition condemn the Spanish Government for continuing the
court case against the enfranchisement of Gibraltar for European
elections through to its conclusion. This follows the news that the
European Court of Justice is expected to deliver its verdict on 12
September, two days after National Day.
The decision of the PSOE Government to continue with the case, which
was started under the previous Partido Popular administration, shows
that when it comes to Gibraltar little has changed in Spain.
This hostile legal action is in flat contradiction to the constant
pronouncements coming from the other side of the frontier which
suggest that Madrid has adopted a new, more conciliatory approach to
Gibraltar issues. The history of this case provides no evidence of
this.
The substance of the Spanish case is based on five points. The first
objection is to the creation of the combined region between the
South West of England and Gibraltar on the basis that the European
Parliamentary Elections Act has annexed the territory of Gibraltar
into the United Kingdom.
The second point is that voting in Gibraltar has been allowed. The
third is that voting in Gibraltar has been extended to electors who
do not have the nationality of the United Kingdom or of other Member
States of the EU. The fourth objection is to the establishment in
Gibraltar of an electoral register kept by a local official. The
fifth and final complaint relates to the fact that jurisdiction has
been granted to the courts of Gibraltar over a series of issues.
The arguments of the Spanish Government shows that their political
hypocrisy knows no bounds. The reason why Gibraltar was enfranchised
in this manner, by changing UK law alone, and leaving the EC Act of
1976 unchanged is precisely because Spain objected to any amendments
to that very Act.
It is also relevant to note that qualifying Commonwealth citizens
have always voted in European elections in the United Kingdom. Spain
has not objected to this in the past. There were European elections
in 1989, 1994 and 1999 after Spain had joined the EU. Commonwealth
citizens voted in all these elections in the UK and Madrid did not
bat an eyelid. They only raised an objection when that same UK
franchise was extended to Gibraltar for the 2004 Euro-elections.
The Opposition considers that it is perfectly normal that a separate
register should be kept in Gibraltar, a local official should be in
charge, and that the Courts of Gibraltar should have jurisdiction.
This is a reflection of the fact that Gibraltar remains a separate
legal and political jurisdiction from the United Kingdom with a high
degree of self-government and our own competent authorities in these
matters.
However, if Spain is worried that we have been annexed to form part
of a UK constituency, we have no problem with Gibraltar being a
separate constituency and having our own MEP as an EU Member State.
It will be recalled that the opinion of the Advocate General in
April, was that the case should be dismissed except in relation to
the Commonwealth citizens being able to vote. The opinion of the
Advocate General is not binding on the Court and on 12 September it
will deliver its verdict.
Commenting on the matter, Opposition spokesman Dr Joseph Garcia said:
“It is clear to everyone in Gibraltar that the decision by
successive Spanish Governments to start and to continue legal
proceedings on this issue is purely and simply yet another item on a
long list of anti-Gibraltar measures adopted by Madrid since they
joined the EU in 1986.”
“It is quite incredible that this time they should target our right
to vote in elections to the European Parliament. This is a
fundamental, democratic right and the challenge which it is facing
in Court shows that when it comes to Gibraltar Madrid only pays lip
service to democracy,” said Dr Garcia.
from www.gibnews.net
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Jim Watt
http://www.gibnet.com