Abstract
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.
Original language | English (US) |
---|---|
Pages (from-to) | 141-160 |
Number of pages | 20 |
Journal | European Law Journal |
Volume | 21 |
Issue number | 2 |
DOIs | |
State | Published - Mar 1 2015 |
All Science Journal Classification (ASJC) codes
- Law