EU Court: Denying EU Citizens Party Membership Violates EU Law
Paris, December 16, 2024 – The Cour de Justice de l’Union Européenne (CJEU) has ruled that denying EU citizens the right to become members of political parties in another EU country violates EU law.
The case arose from a challenge to a French law that prohibited non-French citizens from joining certain political parties, including parties that received public funding. The law was challenged by a group of Romanian and Bulgarian citizens living in France who were denied membership in a French political party.
The CJEU found that the French law violated Article 20 of the Treaty on the Functioning of the European Union (TFEU), which guarantees EU citizens the right to participate in the political life of their country of residence. The Court held that this right includes the right to become a member of a political party.
The Court also found that the French law could not be justified by any of the exceptions to the free movement of persons provided for in the TFEU. The Court held that the law was not necessary to protect public order, public security, or public health.
The judgment is a significant victory for EU citizens’ rights. It clarifies that EU citizens have the right to participate fully in the political life of their country of residence, including the right to become members of political parties.
The French government has said that it will comply with the judgment and amend the law accordingly.
Background
The free movement of persons is one of the fundamental freedoms guaranteed by the EU. EU citizens have the right to live and work in any other EU country without discrimination. This right includes the right to participate in the political life of their country of residence, including the right to vote and stand for election.
However, some EU countries have laws that restrict the political rights of non-nationals. These laws are often justified by concerns about national security or public order.
The CJEU has consistently held that such laws must be narrowly tailored to achieve their legitimate objectives and must not discriminate against EU citizens on the basis of their nationality.
Implications
The CJEU’s judgment has implications for EU countries that have laws restricting the political rights of non-nationals. These countries will need to amend their laws to comply with the judgment.
The judgment is also likely to have a broader impact on the political landscape in the EU. It could make it easier for EU citizens to participate in the political life of their country of residence and could lead to a more diverse and inclusive political system.
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economie.gouv.fr a new article on 2024-12-16 15:39 titled “Lettre de la DAJ – Refuser à certains citoyens de l’Union européenne le droit de devenir membres d’un parti politique enfreint le droit de l’Union”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.
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