Article 12 - Freedom of assembly and of association
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 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
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby:
54. In its statement in intervention, the Czech Republic contends that the Commission’s action is inadmissible because the application does not clearly set out the matters of law on which the action is based and is not formulated in such a way as to prevent the Court from ruling ultra petita. Although it bases its action on Article 22 TFEU, the Commission also claims infringement of other provisions of EU law, in particular Article 11 and Article 12(1) of the Charter and Article 20(2)(b) TFEU, which are not mentioned in the form of order sought in its application.
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64. In particular, as the Advocate General stated in point 48 of his Opinion, it is clear from the grounds of the application that, according to the Commission, Article 22 TFEU must be interpreted in the context defined, inter alia, by Article 20(2)(b) TFEU and by taking into consideration the links between Article 22 TFEU and Articles 11 and 12 of the Charter, it not being possible to infer therefrom that the Commission is seeking to demonstrate a standalone infringement of those provisions. The reference, in certain paragraphs of the application initiating proceedings, to Article 20(2)(b) TFEU and to Articles 11 and 12 of the Charter does not therefore have the effect of rendering the wording of the application ambiguous.
72. In the third place, according to the Commission, by adopting provisions on the ability to stand as a candidate in municipal and European Parliament elections, the Republic of Poland is implementing EU law, within the meaning of Article 51(1) of the Charter, and is therefore required to comply with the provisions of the Charter. Thus, the scope of, and the requirements laid down in Article 20(2)(b) and Article 22 TFEU should be interpreted in the light of those provisions of the Charter, in particular Article 12(1) thereof, the wording of which corresponds to that of Article 11 of the ECHR.
73.It submits that the deprivation of the right to be 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, the European Court of Human Rights held, in its judgment 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.
82. It is further argued that, since Article 22 TFEU does not grant EU citizens the right to become a member of political parties, Article 12 of the Charter does not apply. On the other hand, Polish law fully respects the right of association referred to in Article 11 of the ECHR, having regard to Article 16 thereof, which permits the imposition of restrictions on the political activity of aliens.
106. As regards, in the second place, the context of Article 22 TFEU, reference should be made both to the other provisions of the FEU Treaty and to the provisions of the same rank contained inter alia in the EU Treaty and the Charter.
115. 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.
116. 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).
117. 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).
118. 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.
125. 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.