POLAND AND THE CZECH REPUBLIC VIOLATED EU LAW BY DENYING STATE’S NON-NATIONAL CITIZENS RESIDING IN THEIR COUNTRIES THE RIGHT TO JOIN POLITICAL PARTIES

#112Poland and the Czech Republic violated EU law by denying state’s non-national citizens residing in their countries the right to join political parties

Advocate General de la Tour argues that Poland and the Czech Republic have violated Union law in electoral matters by denying Union citizens who are not nationals of these states but have residence in these states the right to become members of a political party. According to the Advocate General, such a restriction is discriminatory based on nationality and contravenes Article 22 of the Treaty on the Functioning of the European Union (TFEU).

The laws in Poland and the Czech Republic restrict membership in political parties to nationals of these countries. The Commission argues that "mobile" Union citizens who reside in these countries are unable to exercise their right to be elected in municipal and European elections on an equal footing with domestic nationals. According to the Commission, this leads to discrimination and a violation of Article 22 of the TFEU.

The Advocate General de la Tour subsequently proposes that the Court decide that the Commission's actions are justified. In his argumentation, he emphasizes that although membership in political parties falls within the competence of member states, these states must adhere to the obligations arising from Union law when exercising this competence. Specifically, he highlights that "mobile" Union citizens should have the same opportunity to be elected in municipal and European elections as domestic nationals.

The Advocate General points out the central role of political parties in the electoral systems of member states and argues that restricting "mobile" Union citizens from running for membership in a party reduces their chances of being elected compared to domestic nationals. He also highlights that domestic nationals have the option to decide whether to run for political office as members of a party or as independent candidates, which is not the case for "mobile" Union citizens.

The Advocate General disagrees with any potential justification for this discrimination based on the protection of the national identity of Poland and the Czech Republic. He asserts that the membership of "mobile" Union citizens in political parties does not jeopardize the national identity of these countries and is necessary for the effective exercise of their right to be elected in European and municipal elections.

In summary, it can be said that Advocate General de la Tour argues in favor of a decision that the restriction on the right of "mobile" Union citizens to become members of a political party violates Union law and leads to an unjustified limitation of their participation in the democratic process.