The European Court of Justice's view on expat voting rights
The European Union’s Court of Justice consistently
takes the view in its
case law that the Treaty prohibits any national
measure that may hinder, either
directly or indirectly, even the slightest
impediment to the exercise of the
fundamental freemovement rights of European citizens.
“National legislation which places at a disadvantage certain of the
nationals of the Member State concerned simply because they have exercised
their freedomto move and to reside in another Member State is a restriction on
the freedoms conferred by Article 18(1) EC on every citizen of the Union.
"Article 20 TFEU precludes national measures which have the effect of
depriving citizens of the Union of the genuine enjoyment of the substance
of the rights conferred by virtue of their status as citizens of the Union."
(Zambrano, 8 March 2011, quoted in the EU Citizenship Report, page 4)
The opportunities offered by the Treaty in relation to
freedom of
movement for citizens of the Union cannot be fully effective if a
national of a
Member Statecan be deterred from availing himself of them by
obstacles placed
in the way of his stay in another Member State by legislation
of his State of origin
penalizingthe mere fact that he has used those opportunities.”
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