Prisoner ballot box ban under scrutiny after ECJ ruling

The UK’s blanket ban on prisoners voting in European elections is likely to be unlawful, the European Court of Justice (ECJ) has held.

The case concerned convicted murderer Thierry Delvigne, a French prisoner who argued that not being able to vote in European elections breached Art 39(2) of the EU Charter of Fundamental Rights which provides for “direct universal suffrage”.

Ruling in Delvigne v Commune de Lesparre Medoc and Prefet de la Gironde (C-650/13), the Court found the ban on voting was “proportionate” and therefore lawful as it took account of the nature and gravity of the offence committed. However, the Court suggested that a blanket ban on all prisoners is unlawful.

Sean Humber, solicitor at Leigh Day, who acted for prisoners in a separate claim to the European Court of Human Rights on the voting ban, says: “As a result of this judgment, it is likely that prisoners convicted of less serious offences will now be able to take legal action against the government for being denied the vote in the 2014 European elections.

“In addition, the government will inevitably leave itself open to legal action from prisoners facing the prospect of being unable to vote in the European elections in 2019 if it does not take action now.”