MATTHEWS v. THE UNITED KINGDOM JUDGMENT
13
practical and effective (see, for example, the above-mentioned United
Communist Party of Turkey and Others judgment, pp. 18-19, § 33). It is
uncontested that legislation emanating from the legislative process of the
European Community affects the population of Gibraltar in the same way as
legislation which enters the domestic legal order exclusively via the House
of Assembly. To this extent, there is no difference between European and
domestic legislation, and no reason why the United Kingdom should not be
required to “secure” the rights in Article 3 of Protocol No. 1 in respect of
European legislation, in the same way as those rights are required to be
“secured” in respect of purely domestic legislation. In particular, the
suggestion that the United Kingdom may not have effective control over the
state of affairs complained of cannot affect the position, as the United
Kingdom’s responsibility derives from its having entered into treaty
commitments subsequent to the applicability of Article 3 of Protocol No. 1
to Gibraltar, namely the Maastricht Treaty taken together with its
obligations under the Council Decision and the 1976 Act. Further, the Court
notes that on acceding to the EC Treaty, the United Kingdom chose, by
virtue of Article 227(4) of the Treaty, to have substantial areas of
EC legislation applied to Gibraltar (see paragraphs 11 to 14 above).
35. It follows that the United Kingdom is responsible under Article 1 of
the Convention for securing the rights guaranteed by Article 3 of
Protocol No. 1 in Gibraltar regardless of whether the elections were purely
domestic or European.
B. Whether Article 3 of Protocol No. 1 is applicable to an organ
such as the European Parliament
36. The Government claimed that the undertaking in Article 3 of
Protocol No. 1 was necessarily limited to matters falling within the power of
the parties to the Convention, that is, sovereign States. They submitted that
the “legislature” in Gibraltar was the House of Assembly, and that it was to
that body that Article 3 of Protocol No. 1 applied in the context of Gibraltar.
For the Government, there was no basis upon which the Convention could
place obligations on Contracting Parties in relation to elections for the
parliament of a distinct, supranational organisation, and they contended that
this was particularly so when the member States of the European
Community had limited their own sovereignty in respect of it and when
both the European Parliament itself and its basic electoral procedures were
provided for under its own legal system, rather than the legal systems of its
member States.
37. The applicant referred to previous decisions of the European
Commission of Human Rights in which complaints concerning the