The claimants challenged the franchise for the forthcoming European Referendum which excluded them rom voting on the basis that they were not resident within the UK and had neot been registered to vote here for more than five years.
Held: ‘1) In principle, section 2 of the 2015 Act is capable of engaging EU law
(2) Section 2 of the 2015 Act is not a restriction on the rights of free movement enjoyed by the claimants as EU citizens.
(3) In any event, if it were such a restriction, section 2 of the 2015 Act would be objectively justified.
For these reasons we grant the claimants leave to apply for judicial review but refuse the application.’
Lloyd Jones LJ, Blake J
[2016] EWHC 957 (Admin), [2016] HRLR 12
Bailii
European Union Referendum Act 2015 2
England and Wales
Cited by:
Appeal from – Shindler and Another v Chancellor of The Duchy of Lancaster and Another CA 20-May-2016
UK free to disenfranchise citizens resident abroad
The claimants appealed against rejection of their challenges to the 2015 Act. As British citizens who had lived abroad for more than fifteen years, they were not to be allowed to vote.
Held: The claim failed. The Act was not in breach of . .
Lists of cited by and citing cases may be incomplete.
Elections, Constitutional, European
Updated: 02 November 2021; Ref: scu.563225