Judgment of the Court (Grand Chamber) of 19 November 2024.European Commission v Czech Republic.Failure of a Member State to fulfil obligations – Article 20 TFEU – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely within the territory of the Member States – Article 22 TFEU – Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State – Citizens of the Union residing in a Member State of which they are not nationals – No right to become a member of a political party – Articles 2 and 10 TEU – Democratic principle – Article 4(2) TEU – Respect for the national identity of the Member States – Article 12 of the Charter of Fundamental Rights of the European Union – Role of political parties in expressing the will of citizens of the Union.Case C-808/21.

This judgment concerns a case where the European Commission sued the Czech Republic for denying EU citizens who are not Czech nationals but reside in the Czech Republic the right to become members of political parties or political movements. The Court’s key findings were:

• Article 22 TFEU requires that EU citizens residing in a Member State of which they are not nationals must have equal access to the means available to nationals for effectively exercising their right to vote and stand as candidates in municipal and European Parliament elections
• The Czech law prohibiting non-Czech EU citizens from joining political parties puts them at a disadvantage compared to Czech nationals regarding their ability to effectively participate in elections, since political party membership provides important advantages for candidates
• While Member States can regulate political parties as part of their national identity under Article 4(2) TEU, this cannot justify discriminating against EU citizens in ways that undermine their electoral rights under Article 22 TFEU

The Court ruled that by denying EU citizens who are not Czech nationals but reside in the Czech Republic the right to become members of political parties, the Czech Republic failed to fulfill its obligations under Article 22 TFEU. This judgment has important implications for ensuring equal political participation rights of EU citizens residing in other Member States.

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