CYIL vol. 11 (2020)

CYIL 11 (2020) HAVE EU CITIZENS A RIGHT TO BECOME MEMBERS OF NATIONAL POLITICAL PARTIES? nominate the candidates. 53 I also agree with the view of V. Šimíček, a judge of the Czech Constitutional Court, that Union citizens have acquired electoral rights in the Czech Republic (albeit these rights concern only some elections) which are recognized by the State, and thus, the State must enable them to use the same instruments as to their political rivals in order to exercise these rights. Failing that, it is the matter of discrimination. 54 The opinion of Czech courts on this issue was unknown until 10 January 2018 when the Supreme Administrative Court delivered its judgment in the case of a political party evropani. cz. 55 This political party sought to amend its statutes in order to enable Union citizens with permanent residence in the Czech Republic to become members thereof. Nevertheless, the Czech Ministry of the Interior dismissed the application arguing that membership in Czech political parties is conditioned by Czech citizenship. Subsequently, evropani.cz brought action before Metropolitan Court in Prague which dismissed the action. Finally, they brought cassation complaint to the Supreme Administrative Court which was also dismissed. The political party claimed that Union citizens are discriminated in the exercising of their electoral rights in the Czech Republic as a result of the exclusion from the membership in Czech political parties. However, the SAC did not accept this argument. The court contended that the regulation of political parties and movements “is a purely national matter, accordingly, it is necessary to apply strictly national law, in particular constitutional law, including the Charter of Fundamental Rights and Freedoms.” 56 The court then interpreted the Czech Charter and confirmed the opinion of the Ministry of the Interior and of the Metropolitan Court that only Czech citizens may join Czech political parties. The SAC claimed that it was necessary to distinguish between the exercise of electoral rights and the association in political parties. Electoral rights of Union citizens are recognized in the Czech Republic in conformity with EU law. On the other hand, EU law does not guarantee their right to membership in national political parties. The court holds the view that the membership of a particular Union citizen in a political party does not automatically mean that s/he will be selected as a candidate. At the same time, Czech law does not prevent political parties from nominating Union citizens as non-members. The judgment of the SAC is disappointing. The court had an opportunity to remove unequal treatment of Union citizens in the area of political participation in the Czech Republic but it did not seize it. Even if the court would not have taken for granted that Union citizens residing in the Czech Republic have the right to membership in Czech political parties, this issue is at any rate disputable. In my opinion, the court should have referred a question for preliminary ruling in line with Article 267 TFEU to the Court of Justice on the interpretation of Union provisions concerning electoral rights of Union citizens in the State of resident. The SAC should have asked the CJEU whether electoral rights include the right to a membership in a national political party. Generally, the SAC is the court against whose decisions there is no judicial remedy under national law and, accordingly, it has a duty 53 See Občané EU žijící v ČR mají právo účastnit se politického života [Union citizens who are resident in the Czech Republic have the right to participate in the political life], 23 July 2014. Available at https://www.ochrance.cz/ aktualne/tiskove-zpravy-2014/obcane-eu-zijici-v-cr-maji-pravo-ucastnit-se-politickeho-zivota/ [Accessed: 4. 6. 2020]. 54 See ŠIMÍČEK. 55 The name of the political party “evropani.cz” means “Europeans.cz” in English, they promote among others federalization of the EU. 56 Translation of the author.

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