Brussels, 06/10/2015 (Agence Europe) - In ruling C-650/13 on Tuesday 6 October, the European Court of Justice confirmed the legality in France of an indefinite ban on voting in the European Parliament elections for French nationals convicted of serious crimes before a new Criminal Code came into force.
In1988, a French national, was convicted by a final judgment of a serious crime in France (more than five years in prison). On the basis of the criminal law in force at that time, he was automatically permanently deprived of his civic rights (right to vote and stand in elections and eligibility) based on the Criminal Code in force at that time. He challenged the continuation of the general ban, arguing that the reform of the Criminal Code in 1994, foresees that such a ban cannot be automatic and has to be passed by a judge and in any case may not exceed ten years. The Bordeaux appeals court asked the Court of Justice about the validity of the continuation of the ban in the light of the European Chart of Fundamental Rights.
In its ruling, the Court confirms the validity of this measure. It finds first of all that the deprivation of the right to vote is a limitation of the exercise of the right of EU citizens to vote in elections to the European Parliament, but limitations may be imposed on the exercise of fundamental rights provided that they are proportionate. In this case, the Court considers that the ban is proportionate insofar as it takes into account the nature and gravity of the criminal offence committed and the fact that French law allows a person to apply for, and obtain, reinstatement of the civic rights lost. The reform of the Criminal Code (which introduced a more lenient regime in respect of the loss of civic rights than that which had previously applied) does not affect the current case, since the individual had already been finally convicted before the reform came into force and therefore retroactivity does not apply. (Original version in French by Francesco Gariazzo)