Shindler & Anor v Chancellor of the Duchy of Lancaster & Anor [2016] EWCA Civ 469 (20 May 2016)

Shindler & Anor v Chancellor of the Duchy of Lancaster & Anor [2016] EWCA Civ 469 (20 May 2016)

Section 2 of the EU Referendum Act 2015 does not fall within the scope of EU law because Article 50 TEU expressly reserves the process of withdrawal to Member States' own constitutional requirements; even if it did, the 15 year rule is not a restriction on the right of free movement as its effect is too indirect, uncertain, and insignificant to deter or dissuade the exercise of that right; there is no common law right to vote that can override an Act of Parliament.

Citation
[2016] EWCA Civ 469
Parties
Appellants: Shindler & Anr; Respondents: Chancellor of the Duchy of Lancaster & Anr
Jurisdiction
England and Wales
Judgment Date
20 May 2016
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (divisional Court)
Outcome
Appeal dismissed
Legal Topics
Right to Vote, EU Law Supremacy, Free Movement of Persons, Referendum Franchise, Statutory Interpretation
Constitutional Law European Union Law Human Rights Right to Vote EU Law Supremacy Free Movement of Persons Referendum Franchise Statutory Interpretation

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Parties

Shindler & Anr

Appellants

Chancellor of the Duchy of Lancaster & Anr

Respondents

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (divisional Court)

Legal Issues

  1. 1 Does section 2 of the EU Referendum Act 2015 fall within the scope of EU law?
  2. 2 Does the 15 year rule restricting the franchise for the EU referendum interfere with the right of free movement under EU law?
  3. 3 Is there a common law constitutional right to vote that overrides the 2015 Act?

Ratio Decidendi

Section 2 of the EU Referendum Act 2015 does not fall within the scope of EU law because Article 50 TEU expressly reserves the process of withdrawal to Member States' own constitutional requirements; even if it did, the 15 year rule is not a restriction on the right of free movement as its effect is too indirect, uncertain, and insignificant to deter or dissuade the exercise of that right; there is no common law right to vote that can override an Act of Parliament.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no declaration or relief granted to the appellants.