McGeogh, Re Judicial Review [2011] ScotCS CSOH_65 (08 April 2011)

McGeogh, Re Judicial Review [2011] ScotCS CSOH_65 (08 April 2011)

Judicial review is excluded because an effective statutory remedy exists for the petitioner's complaint. Article 20(2)(b) TFEU does not confer a right to vote in municipal elections on nationals of the member state in which they reside; therefore, the disenfranchisement of convicted prisoners under UK law is not incompatible with the petitioner's EU law rights.

Citation
[2011] ScotCS CSOH_65
Parties
Petitioner: George McGeogh; First Respondent: Electoral Registration Officer, Dumfries & Galloway; Second Respondent: Advocate General for Scotland, on behalf of the Lord President of the Council
Jurisdiction
Scotland
Judgment Date
08 April 2011
Procedural Posture
Judicial Review / Interim Order Application and First Orders
Outcome
Petition dismissed
Legal Topics
Prisoner Voting Rights, Compatibility of UK Law With EU Law, Right to Vote in Municipal Elections, Judicial Review and Alternative Remedies, Interpretation of EU Treaties
Constitutional Law European Union Law Human Rights Law Administrative Law Prisoner Voting Rights Compatibility of UK Law With EU Law Right to Vote in Municipal Elections Judicial Review and Alternative Remedies +1 more

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Parties

George McGeogh

Petitioner

Electoral Registration Officer, Dumfries & Galloway

First Respondent

Advocate General for Scotland, on behalf of the Lord President of the Council

Second Respondent

Procedural Posture

Judicial Review / Interim Order Application and First Orders

Legal Issues

  1. 1 Whether the disenfranchisement of convicted prisoners under the Representation of the People Act 1983 is incompatible with EU law rights of the petitioner
  2. 2 Whether Article 20(2)(b) TFEU confers a directly effective right to vote in municipal elections on EU citizens who are nationals of the member state
  3. 3 Whether judicial review is available where a statutory remedy exists

Ratio Decidendi

Judicial review is excluded because an effective statutory remedy exists for the petitioner's complaint. Article 20(2)(b) TFEU does not confer a right to vote in municipal elections on nationals of the member state in which they reside; therefore, the disenfranchisement of convicted prisoners under UK law is not incompatible with the petitioner's EU law rights.

Court Disposition

Petition dismissed

Orders

  • Petition for judicial review dismissed due to existence of effective statutory remedy
  • No interim order granted