CYIL vol. 11 (2020)

MAGDALÉNA SVOBODOVÁ CYIL 11 (2020) the policy and fill citizenship with one of its key-meanings.” 4 The right to stand as candidates in elections to the European Parliament and in municipal elections granted by EU law brings about a question of whether it also entails the right to membership in national political parties (and to found political parties). Groenendijk observes, that the right to vote and to stand as a candidate would be in practice restricted if the Union citizen would be unable to become a member of an existing political party or to found a new political party. 5 In the Czech Republic, for instance, Union citizens may vote and stand as candidates in elections to the European Parliament and in municipal elections. However, they may be put on a candidate list of Czech political parties only as non-members. It means that their options are restricted and their position is more difficult in comparison with Czech nationals. Thus, the electoral rights of Union citizens are not perfectly equal. Nevertheless, the issue of membership of Union citizens in national political parties is more complex and it has to be thoroughly analysed. In the Czech Republic, there have been various opinions on this issue. The Czech Supreme Administrative Court held in its judgment delivered in 2018, file No 6 As 84/2017-27, that Union citizens have a right to become members of national political parties neither under EU law nor under Czech law. Nevertheless, its conclusion is controversial and a number of Czech academics and legal experts have had a different view 6 , including a former Czech ombudsperson. First, the author shall try to answer the question of whether EU citizens have a right to membership in national political parties stemming from EU law. Second, the author aims at analysing situation in the Czech Republic and drawing appropriate conclusions on the issue in question. The right of Union citizens to join national political parties from the EU law perspective Historically, the two political rights of nationals of the Member States granted by EU law were introduced at different times, however, the possibility to vote and to stand as a candidate in elections to the EP as well as in municipal elections in the State of residence is linked to the Union citizenship. The right to vote and to stand as a candidate in elections to the European Parliament was established in 1976 by virtue of Decision 76/787/ECSC, EEC, Euratom of the representatives of the Member States meeting in the Council relating to the Act that concerns the election of the representatives of the Assembly by direct universal suffrage (Electoral Act). In fact, the Founding Treaties had already 7 anticipated the introduction of direct 4 KOCHENOV, D. Free Movement and Participation in the Parliamentary Elections in the Member State of Nationality: An Ignored Link? Maastricht Journal of European and Comparative Law , 2009, No 2, draft version available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1406586 [Accessed: 23. 4. 2020], p. 2. 5 See PEERS, S., HARVEY, T., KENNER, J., WARD, A. (Eds). The EU Charter of Fundamental Rights. A Commentary . Oxford: C. H. Beck, Hart, Nomos, 2014, p. 1059. 6 See, for instance, SKALKA, T. O členství občanů jiných členských států Evropské unie v českých politických stranách. [On the Membership of Citizens of Other Member States of the European Union in Czech Political Parties]. Časopis pro právní vědu a praxi , 2018, No 2, GRYGAR, T. O (ne)možnosti členství cizinců v politických stranách v České republice. [On the (im)possibility of foreigners to become members of political parties in the Czech Republic]. Časopis pro právní vědu a praxi , 2014, No 4, ANTOŠ, M. Politická participace cizinců v České republice. [Political participation of foreigners in the Czech Republic]. Politologický časopis, 2012, No 2. 7 Treaty establishing the European Coal and Steel Community, Treaty establishing the European Economic Community and Treaty establishing the European Atomic Energy Community.

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