The EU Court of Justice's view on expat voting rights
The European Union’s Court of Justice consistently
takes the view in its case law
that the Treaty prohibits any national
measure that may hinder, either directly or
indirectly, even the slightest
impediment to the exercise of the fundamental free
movement rights of European citizens.
“National legislation which places at a disadvantage certain of the
nationals of
the Member State concerned simply because they have exercised
their freedom
to move and to reside in another Member State is a restriction on
the freedoms
conferred by Article 18(1) EC on every citizen of the Union.
The opportunities offered by the Treaty in relation to
freedom of movement for
citizens of the Union cannot be fully effective if a
national of a Member State
can be deterred from availing himself of them by
obstacles placed in the way
of his stay in another Member State by legislation
of his State of origin penalizing
the mere fact that he has used those opportunities.”
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