On Wednesday 9 June, the European Commission announced its decision to refer Poland and Czechia to the EU Court of Justice on the grounds that non-Czech and non-Polish EU citizens living in these two countries are not allowed to join a national political party.
The Commission deplores the fact that these citizens are therefore not able to “fully exercise their right to stand as candidates in local elections and in elections to the European Parliament under the same conditions as nationals of those States”, highlighting that Polish and Czech legislation in this respect violates Article 20 and Article 22 of the Treaty on the Functioning of the European Union, as well as the principle of non-discrimination on grounds of nationality.
The European institution also states that Czechia and Poland are the only two Member States where such a ban remains in force.
Infringement proceedings were opened against Czechia in 2012 and against Poland in 2013. The Commission explains that reasoned opinions were then sent to both countries in 2014 - to which both Poland and Czechia replied that their respective laws did comply with EU law.
The situation has not changed since then, despite a final reminder in December 2020. (Original version in French by Agathe Cherki)