The Czech Republic and Poland are violating EU law by not allowing citizens of other EU member states to join political parties, the European Court of Justice (ECJ) ruled yesterday.
Both countries have been sued by the European Commission, which argued that the two countries were restricting the right of foreigners to stand as candidates in local and European elections under the same conditions as Czech and Polish citizens.
The Czech Interior Ministry will examine the decision in detail and consider whether it is necessary to amend existing legislation, spokesman Ondrej Kratoska told CTK.
The two states must comply with the judgement without delay, or the Commission can ask the court to impose a fine.
The ECJ stated that it upheld the complaints and found that the two member states had failed to fulfil their treaty obligations.
EU citizens who reside in another member state where they are not nationals should have equal access to the resources available to nationals of that state for the effective exercise of the election rights. The court said the difference in treatment prohibited by EU law cannot be justified on grounds of respect for national identity.
The Czech Republic has long defended its rules covering the right to associate in political parties and movements. However, the ECJ has now found that they are contrary to European law.
The Interior Ministry “will become familiar with the court’s decision in detail and will consider the form of any legislative changes to ensure that the court’s decision is respected,” Kratoska said.
The European Commission has been dealing with the Czech restriction since 2012, when it formally opened proceedings for breach of EU rules. However, according to the EU executive, the Czech Republic responded to repeated criticism by asserting that its laws comply with the EU common rules.
