The Advocate-General of the European Court of Justice (ECJ), Jean Richard de La Tour, has declared that the Czech Republic is in violation of EU election law by legally barring nationals of other EU countries from joining Czech political parties. This restriction prevents individuals from other EU member states residing in the Czech Republic from participating in local or European elections, constituting discrimination on grounds of nationality, according to the European Commission, which brought the case before the ECJ in June 2021.

In the Advocate-General’s opinion, the Czech Republic and Poland are the only two EU countries imposing such restrictions. The European Commission initiated proceedings against Prague in 2012 and Warsaw a year later. Both countries argued that their rules were consistent with European law at the time.

The EU executive had addressed the issue with Prague in 2020, giving the Czech government two months to respond. With no legislative changes announced, the Commission escalated the matter to the ECJ.

Advocate-General La Tour supported the European Commission’s position, emphasizing that while member states have authority over political party membership rules, they must align with European law. He asserted that every EU citizen should have the right to run as a candidate in local or European elections under the same conditions as the citizens of the host country, emphasizing the crucial role political parties play in EU member states’ electoral systems.

The Advocate-General dismissed concerns that extending party membership rights to individuals from other EU countries would undermine Czech or Polish national identity. However, it’s crucial to note that the Advocate-General’s opinion is not binding, and the ECJ judges will conduct further hearings before issuing a final verdict.

The case underscores the tension between national sovereignty over electoral processes and the overarching principles of equal treatment and non-discrimination within the European Union. The outcome of this legal challenge could have broader implications for the participation rights of EU citizens in the political processes of member states.

Article by Prague Forum