[autom.vertaling] Het besluit van de eendenGibraltar van de Commissie (en)

EUOBSERVER / BRUSSELS - The European Commission today shied away from producing a clear legal opinion on the controversial question of voting by people of Gibraltar in next year's European Parliament elections.

However, in its declaration the Commission indicates that it believes that the UK was within its rights to include Gibraltarians as part of the UK's South West Constituency for the elections.

Spain lodged a complaint

"The Commission considers, following an in depth analysis of the Spanish complaint and an oral hearing held on the 1st of October, that the UK has organised the extension of voting rights to residents in Gibraltar within the margin of discretion presently given to Member States by the EU law", said a declaration.

Spain lodged a complaint with the Commission against the UK in July this year, alleging that the UK European Parliament Representation Act 2003, which allows for Gibraltarians to vote, was contrary to Community law.

The new Act followed a European Court of Human Rights decision in 1999 condemning the fact that no European parliamentary elections had ever been held in Gibraltar.

Around 20,000 people make up the electorate in the British dependency.

Amicable solution

Under the current Treaty, the Commission can give a "reasoned opinion" on the matter, which, although not binding, gives a strong political signal.

"However, given the sensitivity of the underlying bilateral issue, the Commission at this stage refrains from adopting a reasoned opinion within the meaning of Article 227 of the Treaty and invites the parties to find an amicable solution", says the declaration.

The Commission's declaration will not affect Spain's right to pursue the issue to the European Court of Justice, a Commission spokesperson said today (29 October).

For its part, Spain has been denying that its legal challenge is politically motivated by wanting to have Gibraltar under its control after 300 years of British rule.

In 2002, 99% of the people of Gibraltar voted to remain British in a referendum.