MATTHEWS v. THE UNITED KINGDOM JUDGMENT
12
in … [the] Convention”. Article 1 makes no distinction as to the type of rule
or measure concerned, and does not exclude any part of the member
States’ “jurisdiction” from scrutiny under the Convention (see the United
Communist Party of Turkey and Others v. Turkey judgment of 30 January
1998, Reports of Judgments and Decisions 1998-I, pp. 17-18, § 29).
30. The Court notes that the parties do not dispute that Article 3 of
Protocol No. 1 applies in Gibraltar. It recalls that the Convention was
extended to the territory of Gibraltar by the United Kingdom’s declaration
of 23 October 1953 (see paragraph 19 above), and Protocol No. 1 has been
applicable in Gibraltar since 25 February 1988. There is therefore clearly
territorial “jurisdiction” within the meaning of Article 1 of the Convention.
31. The Court must nevertheless consider whether, notwithstanding the
nature of the elections to the European Parliament as an organ of the EC, the
United Kingdom can be held responsible under Article 1 of the Convention
for the absence of elections to the European Parliament in Gibraltar, that is,
whether the United Kingdom is required to “secure” elections to the
European Parliament notwithstanding the Community character of those
elections.
32. The Court observes that acts of the EC as such cannot be challenged
before the Court because the EC is not a Contracting Party. The Convention
does not exclude the transfer of competences to international organisations
provided that Convention rights continue to be “secured”. Member States’
responsibility therefore continues even after such a transfer.
33. In the present case, the alleged violation of the Convention flows
from an annex to the 1976 Act, entered into by the United Kingdom,
together with the extension to the European Parliament’s competences
brought about by the Maastricht Treaty. The Council Decision and the 1976
Act (see paragraph 18 above), and the Maastricht Treaty, with its changes to
the EEC Treaty, all constituted international instruments which were freely
entered into by the United Kingdom. Indeed, the 1976 Act cannot be
challenged before the European Court of Justice for the very reason that it is
not a “normal” act of the Community, but is a treaty within the Community
legal order. The Maastricht Treaty, too, is not an act of the Community, but
a treaty by which a revision of the EEC Treaty was brought about. The
United Kingdom, together with all the other parties to the Maastricht Treaty,
is responsible ratione materiae under Article 1 of the Convention and, in
particular, under Article 3 of Protocol No. 1, for the consequences of that
Treaty.
34. In determining to what extent the United Kingdom is responsible for
“securing” the rights in Article 3 of Protocol No. 1 in respect of elections to
the European Parliament in Gibraltar, the Court recalls that the Convention
is intended to guarantee rights that are not theoretical or illusory, but