header-logo header-logo

19 July 2012 / Craig Barlow , Jason Hadden
Issue: 7523 / Categories: Opinion , Human rights
printer mail-detail

Vote of no confidence?

Craig Barlow & Jason Hadden consider the Scoppola controversy

When national newspapers and Tory MPs are jumping up and down about a decision on voting in Europe you appreciate that something must be stirring.

In our previous article “Bars & the ballot box” 161 NLJ 7470, p 828, we considered the legality of the UK’s blanket ban on prisoners’ right to vote. We argued that it was relatively easy for the UK to bring domestic law into compliance with Art 3, Protocol 1 of the European Convention on Human Rights (ECHR) by creating a tiered system of disenfranchisement.

In Scoppola v Italy (No 3) (App No 126/05), 17 judges of the grand chamber of the European Court of Human Rights (ECtHR) revisited the law. The court was being asked to consider a convoluted Italian system, whereby suffrage is removed from prisoners not merely during incarceration but for longer. If sentenced to periods of incarceration of between three to five years the right to vote is either suspended for five years

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll