Acceso usuarios
Stephen Coutts
Delvigne is a remarkable judgment reflecting significant change but also continuity in the nature of Union citizenship. After an overview of the judgment this note explores that continuity and change. It is argued that in finding a right to vote in European Parliament elections directly linked to the status of Union citizenship, Delvigne develops the supranational and political dimensions to Union citizenship, moving beyond the ambiguity found in Eman and Sevinger and Spain v United Kingdom. In doing so it alters the nature of the European Parliament as a representative institution and makes creative use of the Charter of Fundamental Rights. However, in its treatment of the limitation of that right on the grounds of a criminal conviction, the Court underlines the enduring multi-levelled nature of Union citizenship, allowing supranational rights to be conditioned and limited by national interests and concerns.
