{"id":2209,"date":"2024-11-20T09:21:45","date_gmt":"2024-11-20T07:21:45","guid":{"rendered":"https:\/\/lexcovery.com\/2024\/11\/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-un\/"},"modified":"2024-11-20T09:21:45","modified_gmt":"2024-11-20T07:21:45","slug":"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-un","status":"publish","type":"post","link":"https:\/\/lexcovery.com\/en\/2024\/11\/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-un\/","title":{"rendered":"Judgment of the Court (Grand Chamber) of 19 November 2024.European Commission v Czech Republic.Failure of a Member State to fulfil obligations \u2013 Article 20 TFEU \u2013 Citizenship of the Union \u2013 Article 21 TFEU \u2013 Right to move and reside freely within the territory of the Member States \u2013 Article 22 TFEU \u2013 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 \u2013 Citizens of the Union residing in a Member State of which they are not nationals \u2013 No right to become a member of a political party \u2013 Articles 2 and 10 TEU \u2013 Democratic principle \u2013 Article 4(2) TEU \u2013 Respect for the national identity of the Member States \u2013 Article 12 of the Charter of Fundamental Rights of the European Union \u2013 Role of political parties in expressing the will of citizens of the Union.Case C-808\/21."},"content":{"rendered":"<p>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&#8217;s key findings were: <\/p>\n<ul>\n<li>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<\/li>\n<li>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<\/li>\n<li>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<\/li>\n<\/ul>\n<p> 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.<\/p>\n<p><a href=\"https:\/\/eur-lex.europa.eu\/legal-content\/AUTO\/?uri=CELEX:62021CJ0808\"><strong>Full text by link<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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&#8217;s key findings were: Article 22 TFEU requires that EU citizens residing in a Member&hellip;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[13,42],"tags":[],"class_list":["post-2209","post","type-post","status-publish","format-standard","hentry","category-eu-legislation-general-en","category-eu-legislation-important","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/2209","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=2209"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/2209\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=2209"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=2209"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=2209"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}