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Czech, Polish electoral rules ‘break EU law’

The EU’s highest court has found that legislation on political parties in the Czech Republic and Poland is breaking EU law. 

The Court of Justice of the European Union upheld actions taken against the countries by the European Commission over legislation that prevents nationals of other EU members becoming members of political parties. 

The commission had argued that, as a result of the legislation, other EU citizens living in the two countries could not exercise their right to stand as candidates in local and European elections under the same conditions as Czech and Polish nationals. 

In its ruling, the court pointed out that these electoral rights were guaranteed by EU law.

‘Equal access’ 

It added that, for EU citizens to able to exercise such rights effectively, they must have “equal access to the means available to nationals of that member state”. 

The CJEU judgment said that political parties played “a crucial role” in the system of representative democracy. 

“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,” it stated. 

“That difference in treatment, which is prohibited by EU law, cannot be justified on grounds relating to respect for national identity,” the court said. 

It pointed out that EU law did not require member states to grant other EU citizens the right to vote and to stand as candidates in national elections, nor did it prohibit them from limiting the role played by those citizens in a political party in the context of those elections.