Case C-814/21: Judgment of the Court (Grand Chamber) of 19 November 2024 – European Commission v Republic of Poland (Failure of a Member State to fulfil obligations – Article 20 TFEU – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely within the territory of the Member States – Article 22 TFEU – Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State – Citizens of the Union residing in a Member State of which they are not nationals – No right to be a member of a political party – Articles 2 and 10 TEU – Democratic principle – Article 4(2) TEU – Respect for the national identity of the Member States – Article 12 of the Charter of Fundamental Rights of the European Union – Role of political parties in expressing the will of citizens of the Union)
Date: 2024-11-19
Institutions: Court of Justice
Subjects: EU national, European Parliament, European election, infringement of EU law, local election, political affiliation, political parties, residence, right to stand for election, right to vote








C_202500231EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/231


20.1.2025






Judgment of the Court (Grand Chamber) of 19 November 2024 – European Commission v Republic of Poland


(Case C-814/21)
                (1)

(Failure of a Member State to fulfil obligations - Article 20 TFEU - Citizenship of the Union - Article 21 TFEU - Right to move and reside freely within the territory of the Member States - Article 22 TFEU - Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State - Citizens of the Union residing in a Member State of which they are not nationals - No right to be a member of a political party - Articles 2 and 10 TEU - Democratic principle - Article 4(2) TEU - Respect for the national identity of the Member States - Article 12 of the Charter of Fundamental Rights of the European Union - Role of political parties in expressing the will of citizens of the Union)
(C/2025/231)
Language of the case: Polish

Parties


Applicant: European Commission (represented by: A. Szmytkowska and J. Tomkin, acting as Agents)

Defendant: Republic of Poland (represented by: B. Majczyna, E. Borawska-Kędzierska and A. Siwek-Ślusarek, acting as Agents)

Intervener in support of the defendant: Czech Republic (represented by: A. Edelmannová, T. Müller, M. Smolek and J. Vláčil, acting as Agents)

Operative part of the judgment

The Court:






1.


Declares that, by denying EU citizens who are not Polish nationals but who reside in Poland the right to be a member of a political party, the Republic of Poland has failed to fulfil its obligations under Article 22 TFEU;










2.


Orders the Republic of Poland to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Czech Republic to bear its own costs.






(1)  
            OJ C 84, 21.2.2022.


ELI: http://data.europa.eu/eli/C/2025/231/oj
ISSN 1977-091X (electronic edition)