CJEU Case C-808/21

European Commission v Czech Republic
Deciding body type
Court of Justice of the European Union
Type
Decision
Decision date
19/11/2024
ECLI (European case law identifier)
ECLI:EU:C:2024:962
  • CJEU Case C-808/21

    Key facts of the case: 

    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

    Outcome of the case: 

    On those grounds, the Court (Grand Chamber) hereby:

    1. Declares that, by denying EU citizens who are not Czech nationals but who reside in the Czech Republic the right to become a member of a political party or political movement, the Czech Republic has failed to fulfil its obligations under Article 22 TFEU;
    2. Orders the Czech Republic to bear its own costs and to pay those incurred by the European Commission;
    3. Orders the Republic of Poland to bear its own costs.
  • Paragraphs referring to EU Charter

    57. In the fourth place, according to the Commission, Article 20(2)(b) and Article 22 TFEU must be interpreted in the light of the provisions of the Charter, in particular Article 12(1) thereof, the wording of which corresponds to that of Article 11 of the ECHR.

    58.  It submits that the deprivation of the right to become a member of a political party is a limitation on the fundamental right to freedom of association and cannot, under Article 52(3) of the Charter, go beyond the limitations permitted by the ECHR. The grounds set out in Article 11(2) of the ECHR which may justify a limitation on the right to freedom of association do not apply in the present case. Furthermore, it is apparent from the judgment of the European Court of Human Rights of 27 April 1995, Piermont v. France (CE:ECHR:1995:0427JUD 001577389, § 64), that Member States cannot rely on Article 16 of the ECHR in relation to nationals of other Member States asserting rights conferred on them by the Treaties, especially since the concept of ‘citizenship of the Union’ is now expressly defined in the Treaties and confers rights on EU citizens.

    ...

    117. Thirdly, Article 12(1) of the Charter enshrines the right of everyone to freedom of association at all levels, in particular in political, trade union and civic matters.

    118. That right corresponds to the right guaranteed in Article 11(1) of the ECHR and must therefore be regarded as having the same meaning and scope as the latter, in accordance with Article 52(3) of the Charter (see, to that effect, judgment of 18 June 2020, Commission v Hungary (Transparency of associations), C‑78/18, EU:C:2020:476, paragraph 111), which does not preclude EU law from affording more extensive protection (judgment of 22 June 2023, K.B. and F.S. (Raising ex officio of an infringement in criminal proceedings), C‑660/21, EU:C:2023:498, paragraph 41).

    119. In that context, it is apparent from the case-law of the European Court of Human Rights that the right to freedom of association is one of the essential foundations of a democratic and pluralist society, in that it allows citizens to act collectively in areas of common interest and, in so doing, to contribute to the proper functioning of public life (see, to that effect, ECtHR, 17 February 2004, Gorzelik and Others v. Poland, CE:ECHR:2004:0217JUD 004415898, §§ 88, 90 and 92).

    120.  The fundamental role of political parties in expressing the will of EU citizens is recognised, as regards political parties at European level, in Article 10(4) TEU and Article 12(2) of the Charter.

    ...

    127.  Consequently, it must be held that Article 22 TFEU, interpreted in the light of Articles 20 and 21 TFEU, Article 10 TEU and Article 12 of the Charter, requires that, if EU citizens residing in a Member State of which they are not nationals are to be able to exercise effectively their right to vote and to stand as a candidate in municipal and European Parliament elections in that Member State, they must be afforded equal access to the means available to nationals of that Member State for the purpose of exercising those rights effectively.

  • Paragraphs referring to EU Charter (original language)