Judgment of the Court (Grand Chamber) of 19 November 2024.European Commission v Republic of Poland.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 be 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-814/21.

This is a judgment of the Court of Justice of the European Union (CJEU) concerning Poland’s law that prohibits non-Polish EU citizens residing in Poland from becoming members of political parties.The Court found that Poland violated Article 22 of the Treaty on the Functioning of the European Union (TFEU) by denying EU citizens who are not Polish nationals but reside in Poland the right to be members of political parties. The Court determined that this restriction undermines their ability to effectively exercise their right to vote and stand as candidates in municipal and European Parliament elections under the same conditions as Polish nationals.The main provisions of the judgment include:

• Article 22 TFEU requires Member States to ensure EU citizens residing in their territory have equal access to means available to nationals for effectively exercising voting rights
• Political party membership significantly contributes to effective exercise of the right to stand for election
• Poland’s restriction creates unequal conditions between Polish nationals and other EU citizens regarding participation in elections
• The argument that this restriction protects Poland’s national identity was rejected, as allowing EU citizens to be party members for local/EU elections does not undermine national sovereignty

The Court ordered Poland to change its legislation to allow non-Polish EU citizens residing in Poland to become members of political parties. This judgment establishes an important precedent regarding political rights of EU citizens residing in other Member States.

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