Should the EU Protect Democracy and the Rule of Law inside Member States?

Author (Person)
Series Title
Series Details Vol.21, No.2, March 2015, p141-160
Publication Date March 2015
ISSN 1351-5993 (Print) / 1468-0386 (Online)
Content Type

Against the background of recent developments in Hungary, the article discusses the question whether the European Union ought to play a role in protecting liberal democracy in Member States. First, it is argued that the EU has the authority to do so, both in a broad normative sense and in a narrower legal sense (though the latter is more likely to be disputed). The article then asks whether the EU has the capacity to establish a supranational militant democracy; here it is argued that at the moment both appropriate legal instruments and plausible political strategies are missing. To remedy this situation, the article proposes a new democracy watchdog, analogous to, but more powerful than, the Venice Commission. Finally, it is asked whether EU interventions would provoke a nationalist backlash. There is insufficient evidence to decide this question, but the danger of such a backlash probably tend to be overestimated.

Source Link Link to Main Source http://dx.doi.org/10.1111/eulj.12124
Subject Categories ,
Countries / Regions ,