CYIL vol. 11 (2020)

MAGDALÉNA SVOBODOVÁ CYIL 11 (2020) As explained, EU law does not explicitly guarantee the right of a Union citizen to become a member of a national political party in the State of residence. However, this right is a corollary of their right to stand as a candidate in the EP elections and municipal elections, should the restriction of the membership of Union citizens in national political parties lead to their discrimination. Consequently, it is necessary to focus on relevant Czech legislation laying down electoral rules. Act No 62/2003 Sb., on elections to the European Parliament provides in Section 21(1) that any registered political party and movement, including any coalition thereof, may present a candidate list for the elections to the EP. Candidates may be either citizens of the Czech Republic or of other Member States (Section 22(3)). As a result, Union citizens have a right to stand as a candidate in the elections to the EP provided that a political party or a movement registered in the Czech Republic decides to put them (as non-members) on the candidate list. When it comes to the municipal elections, rules concerning candidate lists are slightly different. Act No 491/2001 Sb., on elections to municipal councils stipulates that candidate lists may be presented by so-called electoral parties (Section 21). “Electoral party” is defined as any registered political party and movement and coalitions thereof, independent candidates, any association of independent candidates or any association of political party or movement and independent candidates (Section 20(1)). It basically means that a Union citizen may stand as a candidate on the candidate list of a political party or a movement (as a non- member) or as an independent candidate. At first glance it seems there is no discrimination of Union citizens. Nevertheless, the system is tricky. As Antoš observes 51 , it is actually much more complicated for Union citizens to be selected as non-member candidates since they do not participate in activities of the particular political party. Moreover, they have no duty of loyalty in relation to the political party which may deter the political party from nominating them. In addition, they cannot influence the decisions of the political party concerning selecting candidates (they cannot become members of the bodies nominating/approving candidates in the particular political party). It is true that another option for Union citizens is to stand as independent candidates. However, this option concerns only municipal elections and, furthermore, independent candidates are in more difficult position because they must – unlike political parties or movements - submit a petition signed by a certain number of voters supporting their candidacy. 52 For instance, a person who wants to stand as an independent candidate for elections in a municipality with population 30.000 people must acquire support of at least 2% of voters (minimum 600 signatures). It should be noted in addition, that rules concerning independent candidates are equal for all candidates, regardless of their citizenship. To conclude, Union citizens are disadvantaged to certain extent in the elections in the Czech Republic in comparison with Czech citizens. Former Czech ombudsperson A. Šabatová expressed her opinion in 2014 that Union citizens were directly discriminated in the elections to the European Parliament since only political parties and movements were entitled to 51 See ANTOŠ, pp. 123-124. See also ŠIMÍČEK, V. Členství cizinců v politických stranách (aneb cizinec není našinec [Membership of foreigners in political parties (or a foreigner is not one of us)]. 11 August 2007. Jiné právo , available at https://jinepravo.blogspot.com/2007/08/lenstv-cizinc-v-politickch-stranch-aneb.html [Accessed: 4. 6. 2020]. 52 Section 21(4) of Act No 491/2001 Sb., on elections to municipal councils.

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