CYIL vol. 11 (2020)

MAGDALÉNA SVOBODOVÁ CYIL 11 (2020) permitted aim pursued by the legislation in question, and it is proportionate to the aim pursued by the treatment (…). 40 Member States may argue, for instance, that Union citizens will get an opportunity to affect national elections as well which are still reserved for own nationals in case that Union citizens join national political parties (by means of choosing candidates for national elections as members of the bodies of the given political party etc.). Second, it is clear that the European Commission is in favour of the membership of Union citizens in national political parties. Nevertheless, some of the Member States do not share this view. Activity of political parties is closely connected to the exercise of public authority in the state and it is self-evident that the approach of Member States is reserved in this area. Apart from the aforesaid Article 5(3) of the Directive 94/80/EC on municipal elections, Articles 45(4) and 51 TFEU are to be mentioned in this context. These provisions permit Member States to reserve employment in the public service and activities which are connected with the exercise of official authority to own nationals. Third, probably the most significant argument concerns national identity. In accordance with Article 4(2) TEU, the European Union has a duty to respect the national identities of Member States, “inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government.” Member States may invoke this provision, referring to historical and other grounds, since activities of political parties play important role in their political systems. Fourth, from the political point of view (but not legal), it has to be admitted especially in the context of Brexit that undue promotion of the right of Union citizens to membership in national political parties may deter certain Member States and their population from European integration. Membership of Union citizens in national political parties in the context of Czech law In the Czech Republic, a long-lasting debate has been held whether Czech law permits EU citizens (or foreigners, more generally) to join Czech political parties. There are basically two main opinions. One group of legal experts 41 holds a view that the Czech legal order makes it clear that membership in Czech political parties is conditioned by Czech citizenship. 42 However, some legal experts oppose it saying that Czech law has to be interpreted in the way which allows at least Union citizens to become members of Czech political parties. 43 Recently, the Czech Supreme Administrative Court (SAC) ruled in its judgment of 10 January 2018, file No 6 As 84/2017-27, that under EU law as well as Czech law, Union citizens have no right to membership in national political parties. I will concentrate on the interpretation of relevant Czech rules, examine the judgment and explain why the conclusion of the Supreme Administrative Court is controversial. 40 C-406/15 Peťa Milkova v Izpalnitelen direktor na Agentsiata za privatizatsia i sledprivatizatsionen kontrol , ECLI:EU:C:2017:198, para 55. 41 See, for instance, WAGNEROVÁ, E., ŠIMÍČEK, V., LANGÁŠEK, T. POSPÍŠIL, I. a kol. Listina základních práv a svobod. Komentář. [Charter of Fundamental Rights and Freedoms. A Commentary.]. Praha: Wolters Kluwer, 2012, p. 486. 42 Notions “citizenship” and “nationality” are used as synonyms in this paper. 43 See, for instance, GRYGAR, SKALKA.

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