The EU Court ruled that the restrictions in Poland and the Czech Republic on membership in political parties for residents from other EU countries are incompatible with European law.
The Court determined that both the Czech Republic and Poland had deviated from EU legislation regarding the right to stand as candidates in municipal or European elections by denying membership in local political parties to EU citizens who are residents of Poland and the Czech Republic.
The legislation in both countries stipulates that only citizens of the respective country can be members of Polish and Czech political parties. The European Commission pointed out that as a result, foreign Europeans living in Poland and the Czech Republic cannot fully participate in political life on an equal footing with Polish and Czech citizens.
EU law mandates that citizens of EU member states, residing permanently outside their home country, must have the right to vote and stand for local and European elections.
To fully exercise this right, such foreign residents should have equal access to political participation tools as the citizens of the host country.
“Since membership in a political party significantly influences the exercise of electoral rights under EU law, the EU Court considers that the Czech Republic and Poland have violated EU law by denying European citizens living in these countries, but not holding citizenship, the right to become members of political parties. Their membership in a political party is not something that could undermine the national identity of the Czech Republic or Poland… The ban on being a member of a political force puts such EU citizens in a less favorable position than Polish and Czech citizens with regard to the ability to stand as candidates in municipal and European elections,” the Court’s statement said.
If Poland and the Czech Republic do not amend their laws in accordance with EU treaties following the Court’s decision, the European Commission may impose financial penalties.
