THE EUROPEANIZATION OF POLITICAL RIGHTS IN CZECHIA: IMPACT OF THE CJEU JUDGMENT C-808/21
Abstract
The EU Court of Justice has recently delivered judgment C-808/21 Commission v Czech Republic, which has a significant impact on the political rights of Union citizens. According to the Court, by denying EU citizens who are not Czech nationals but who reside in Czechia the right to become a member of a political party, Czechia has failed to fulfil its obligations under Article 22 TFEU. A similar judgment of the Court of Justice has been delivered in the proceedings against Poland. This paper aims to analyse and explain the slow Europeanization of political rights in Czechia. In particular, it puts the Court’s judgment concerning the Czech case in the context of this process, analyses the judgment and focuses on the impact of the judgment on Czech law. The significance of the judgment for Union citizenship in the process of becoming “the fundamental status of nationals of the Member States” is also addressed.
Downloads
Published
Issue
Section
License
Copyright and originality of the offered manuscript
1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.
2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.
3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.
