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UK prisoner voting may be affected by European court ruling EU court ruling favours UK prisoner vote ban
(about 9 hours later)
The UK's ban on prisoners' voting rights could be ruled unlawful by the European Court of Justice, which is deciding on a similar case in France. The UK's ban on prisoners' rights to vote looks set to continue after a ruling by the European Court of Justice on a case in France.
Convicted murderer Thierry Delvigne claims a ban on him voting in elections violates the European Charter of Fundamental Rights. Convicted murderer Thierry Delvigne claimed a ban on him voting in European Parliament elections violated his civil and political rights.
The court's ruling could outlaw Britain's blanket ban at EU level. But the court ruled the ban was "proportionate" to the offence.
But Prime Minister David Cameron has vowed to ignore the judgement being made on Tuesday. If the court had ruled the other way it could have outlawed all bans on prisoner voting, including the UK's.
The prime minister has previously said that the idea of prisoner voting makes him "physically sick". The ruling said the "ban to which Mr Delvigne is subject is proportionate in so far as it takes into account the nature and gravity of the criminal offence committed and the duration of the penalty".
The European Charter enshrines the right of EU citizens to vote in European elections. Delvigne made his claim to the court because he argued his rights were being infringed under the Charter of Fundamental Rights of the EU.
The European Court of Human Rights (ECHR) declared the UK's ban on prisoner votes unlawful 10 years ago - a ruling which the UK has ignored ever since. Analysis
By BBC legal correspondent Clive Coleman
The ECJ has ruled that the EU Charter applies to the right of UK citizens, including prisoners, to vote in European Parliament elections.
Any deprivation of that right by a state has to be proportionate and justified, and must take into account the nature and gravity of the criminal offence committed and the duration of the penalty.
Unlike the French ban, triggered by sentences of five years in prison or more, the UK has a blanket ban, no matter what the offence or the sentence.
This means that it is open to prisoners in the UK who are EU citizens, especially those serving shorter sentences, for crimes less serious than Delvigne's, to challenge the ban on them voting in elections to the European Parliament.
The controversy over prisoner votes is far from over.
The European Court of Human Rights declared the UK's ban on prisoner votes unlawful 10 years ago - a ruling which the UK has ignored ever since.
And it ruled again in February that the rights of UK prisoners were breached when they were prevented from voting in elections.And it ruled again in February that the rights of UK prisoners were breached when they were prevented from voting in elections.
'Automatic deprivation'
That case was brought by inmates who were in prison during various elections between 2009 and 2011, and was the fourth time the ECHR has ruled against the UK's ban on prisoner voting.That case was brought by inmates who were in prison during various elections between 2009 and 2011, and was the fourth time the ECHR has ruled against the UK's ban on prisoner voting.
The European Court of Justice's advocate general has said that national governments have a right to set their election rules provided they do not "prescribe general, indefinite and automatic deprivation of the right to vote". Prime Minister David Cameron has said that the idea of prisoner voting made him "physically sick".