Join the (political) party: The CJEU's emerging role as a guardian of democracy in Cases C-808/21 and C-814/21

In two Grand Chamber rulings against the Czech Republic and Poland, the CJEU sides with the Commission, holding that Member States cannot limit political party membership to nationals. To come to this conclusion, the Court relies on an expansive interpretation of Article 22 TFEU, a provision which grants mobile EU citizens resident in another Member State the right to vote and stand in municipal and European Parliament elections under the same conditions as nationals. Rejecting the Member States’ standpoint that the right to stand for election is not contingent upon political party membership, the Court finds that equal access to membership impacts one's electoral chances. For the first time, it reads Article 22 TFEU to include the effective exercise of the relevant electoral rights. While recognizing the organization of national political life as part of national identity, the Court reaffirms the doctrine that Member States must uphold obligations stemming from Union values. Throughout its reasoning, the Court systematically links democratic principles and rights by drawing on other Treaty provisions, prior case law and Charter and Convention rights. As a result, it adds substance to the value of democracy in Article 2 TEU and develops its role in safeguarding this value.