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E.P. v. Préfet du Gers e Institut national de la statistique et des études économiques, Case C-673/20, CJEU, (Grand Chamber), 9 June 2022

Abstract

European citizenship and the exercise of electoral rights.

Normative references

Art. 9, TEU
Art. 50, TEU
Art. 20, TFEU
Art. 22, TFEU

Ruling

1. Articles 9 and 50 TEU, as well as Articles 20 to 22 TFEU, read in conjunction with the Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community, which was adopted on 17 October 2019 and entered into force on 1 February 2020, must be interpreted as meaning that, from the time of the withdrawal of the United Kingdom on 1 February 2020 nationals of that State who have exercised their right of residence in a Member State before the end of the transitional period no longer enjoy the status of citizen of the Union or, in particular, under Article 20(2)(b) and Article 22 TFEU, the right to vote and to stand as a candidate in municipal elections in their Member State of residence, even if they are also deprived, under the law of the State of which they are nationals, of the right to vote in elections called by the latter State.
(Ms E. P. - following the entry into force of the Agreement on the withdrawal of the United Kingdom from the EU (1 February 2020) - was removed from the French electoral roll and was therefore not admitted to the municipal elections of 15 March 2020. E. P., after having unsuccessfully tried the ordinary procedures for reinstatement on the electoral roll, turned to the Court of Auch. The French court, in turn, used the instrument of the preliminary reference, claiming that Ms. E. P. is completely deprived of her right to vote).