Advocate General Jean Richard de la Tour of the Court of Justice of the European Union (CJEU) has delivered an opinion stating that the current laws in Poland and the Czech Republic are in violation of EU law.
According to de la Tour, the legislations restrict political party membership to their own nationals, effectively barring other EU citizens living there from full political participation. This situation has been challenged by the European Commission as a violation of the right to equal participation in local and European elections, a right guaranteed to all EU citizens regardless of their member state of residence.
The opinion from the Advocate General, which often precedes the court's final decision, highlights a potential conflict with Article 22 of the EU Treaty, which upholds the principle of non-discrimination on the basis of nationality. The European Commission has thus initiated legal actions against both Poland and the Czech Republic in the CJEU.
While the Advocate General's opinion is influential, it is not binding on the CJEU.
Source: PAP
