The University of Texas at Austin   School of Law

Main menu:

Case:
CE, Ass., 20 octobre 1989, p.190
Case Nicolo
Date:
20 October 1989
Note:
Translated French Cases and Materials under the direction of Professor B. Markesinis and M. le Conseiller Dominique Hascher
Translated by:
Professor John Bell FBA
Copyright:
Professor B. S. Markesinis

In the light of the Constitution, especially its art. 55; the Treaty of 25 March 1957 creating the European Economic Community; the Law no 77-729 of 7 July 1977; the Electoral Code; the Ordinance no 45-1708 of 31 July 1945, the Decree no 53-934 of 30 September 1953 and the Law no 87-1127 of 31 December 1987;…

Considering that, under the terms of art. 4 of the Law no 77-729 of 7 July 1977 relating to the election of representatives of the Assembly of the European Economic Community “the territory of the Republic shall form a single constituency” for the election of the French representatives to the European Parliament; as, by virtue of this legislative provision, combined with those of arts. 2 and 72 of the Constitution of 4 October 1958, from which it follows that the overseas departments and territories are an integral part of the French Republic, the said departments and territories are necessarily included in the single constituency within which the representatives of the European Parliament are elected;

Considering that, under the terms of art. 227-1 of the EEC Treaty: “This Treaty shall apply…to the French Republic”; as the rules cited above, set out in the Law of 7 July 1977, are not incompatible with the clear provisions of art. 227-1 of the aforementioned Treaty of Rome;

Considering that it follows from what has been said that persons having the status of elector in the overseas departments and territories by virtue of the provisions of Chapter 1 of Title 1 of Book 1 of the Electoral Code also have this status for the election of representatives to the European Parliament; as, equally, they are eligible, by virtue of the provisions of art L.O. 127 of the electoral Code applied to the election to the European Parliament by art 5 of the aforementioned Law of 7 July 1977; as, in consequence, M. Nicolo is not justified in claiming either that the participation of French citizens of the overseas departments and territories in the election of representatives of the European Parliament or that the presence of certain of them on the list of candidates would have vitiated the election; as, therefore, his request has to be rejected…