CJEU: Poland and Czechia violated EU law on political party membership

Under EU law, citizens of one Member State residing in another have the right to vote and stand as candidates in local and European elections. To effectively exercise these rights, they must have equal access to the political processes, including the right to join political parties.

However, both Poland and Czechia restrict political party membership exclusively to their citizens, preventing non-citizen EU residents from participating fully in electoral processes.

The European Commission argued that by requiring citizenship for party membership, Poland and Czechia violated EU rules prohibiting discrimination based on nationality. It then referred the matter to the CJEU for non-compliance with Member State obligations.

The Court agreed with the Commission, finding that both countries effectively prevented EU citizens who reside in those Member States but are not nationals thereof from benefiting from rights guaranteed by EU law.

The CJEU said in a press release that "if EU citizens residing in a Member State of which they are not nationals are to be able to exercise effectively their electoral rights in municipal and European elections, rights guaranteed by EU law, they must have equal access to the means available to nationals of that Member State for the purpose of exercising those rights effectively."

"Political parties play a crucial role in the system of representative democracy, which gives concrete expression to democracy as one of the values on which the European Union is founded," we read. "Consequently, the prohibition on being a member of a political party places those EU citizens in a less favourable position than Czech and Polish nationals as regards the ability to stand as a candidate in municipal and European elections."

Membership provides access to party resources, including organizational structures and financial support, which are crucial for running election campaigns. Without these advantages, EU citizens residing in a Member State of which they are not nationals who become candidates face significant barriers in local and European elections.

The Court also emphasized that voters often consider party affiliation when casting their ballots, further underscoring the importance of equal access to political parties.

The CJEU dismissed arguments that such restrictions were necessary to preserve national identity.

While Member States are not required to grant EU citizens the right to vote or stand in national elections, the Court affirmed that EU law prohibits discrimination against said residents in local and European electoral contexts.

This landmark decision reinforces the principle of equal treatment for EU citizens across Member States, ensuring that residency - not nationality - remains the key criterion for participating in certain democratic processes at the local and European levels.