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Judges said the Czech Republic and Poland didn’t go far enough by allowing residents who are citizens of other EU nations to run for office unaffiliated.
(CN) — The top court of the European Union found on Tuesday that legislation preventing noncitizen residents from joining political parties discriminates against EU nationals.
Judges at the Court of Justice of the European Union ruled that legislation in the Czech Republic and Poland violated EU law, since political party membership was necessary to stand in local and European elections.
“The prohibition on being a member of a political party places those EU citizens in a less favorable position than Czech and Polish nationals,” the 15-judge panel wrote. Neither ruling was available in English at the time of publication.
Under the 1958 Treaty on the Functioning of the European Union, EU citizens who live in another EU country have the same rights as non-nationals to participate in certain elections. They have “the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their member state of residence, under the same conditions as nationals of that state,” the treaty reads.
Poland and the Czech Republic were the only two countries in the 27-member bloc to limit participation in political parties to their own citizens.
Although both countries allow residents to run for office unaffiliated, the Luxembourg-based court was not satisfied that this provided equal opportunities. “Political parties play a crucial role in the system of representative democracy,” the judges said.
The concern over the restriction had been brewing for more than a decade. The European Commission, the EU’s executive wing, informed both countries in 2012 that their legislation was not in line with EU law.
Poland initially refused to reply to the letter. But eventually both countries responded, claiming the rules were not a problem and EU law didn’t confer a version of “mobile” citizenship on residents.
The commission disagreed, launching proceedings at the court in 2021.
Both countries must now adapt their legislation. A spokesperson for the Czech interior ministry said they would study the ruling. No immediate response from Poland was available.
If either country refuses, the commission could return to the court, which can issue financial penalties for failure to comply.
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