Can courts rescue national democracy? Judicial safeguards against democratic backsliding in the EU
Datos Bibliográficos
| ID | 6289293 |
|---|---|
| Autores | Michael Blauberger (0000-0002-3581-400X, Salzburg Centre of European Union Studies, Salzburg University, Austria, autor de correspondencia), R Daniel Kelemen (0000-0002-0622-8036, Rutgers, the State University of New Jersey) |
| Año | 2017 |
| Volumen | 24 |
| Número | 3 |
| Páginas | 321-336 |
| Fecha de publicación | 2017-03-09 |
| Peer Reviewed | Sí |
| Open Access | No |
| Tipo | ARTICLE |
| Revista | Journal of European Public Policy (JOURNAL) |
| Identificadores de la revista | ISSN: 1350-1763 • E-ISSN: 1466-4429 |
| Editorial | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/13501763.2016.1229357 |
| OpenAlex | W2514365471 |
| Idioma | EN |
| Citas recibidas | 68 |
| Referencias citadas | 16 |
This article explores the potential efficacy and limitations of judicial mechanisms as tools to combat democratic backsliding in European Union (EU) member states. The article argues that more can be done to maximize the effectiveness of existing judicial tools, such as infringement proceedings brought to the European Court of Justice (ECJ) by the Commission and private enforcement litigation in national courts. At the same time, we highlight risks inherent in many proposals for novel judicial tools to defend national democracy. We conclude that despite their importance, judicial safeguards alone – whether existing ones or novel proposals – will not suffice to stop democratic backsliding by a determined national government: if the Union is to rein in such attacks on its core values, heads of government and other EU leaders will have to intervene politically as well
Business · Commission · Democracy · Economic Justice · Economics · Enforcement · European union · Government (linguistics · International trade · Judicial review · Law and economics · Political science · Politics · Rule of law · European and International Law Studies · European Criminal Justice and Data Protection · European Union Policy and Governance · Law · Public Administration
Rethinking Pathways of Autocratisation and Democratic Resilience in Comparative Perspective
Shades of Negativity in European Parliament Debates
Poland's Constitutional Breakdown
How backsliding government parties defend democratic backsliding in the European Parliament
Understanding the Politics of Resentment
From “Global Scripts” to “Street Fights”
Adversarial Legalism and Biodiversity Protection in the United States and the European Union
Rebuilding the Rule of Law in the Era of Democratic Backsliding
The democratic backsliding paradigm in enlarged European Union countries
Local elections and democratic backsliding
The Demand for Insurance
Do Citizens in Backsliding Democracies Support International Courts’ Judicial Power? Evidence from Hungary
Efforts to Disrupt the Authoritarian Equilibrium within the EU. Effects and Counter-effects
Journalism Facing Autocratization
Resistance against the Court of Justice of the European Union
Decline of academic freedom in Hungary
Despotisme démocratique
"O conceito emergente de "democratic backsliding
Incentivizing the Opposition
Political parties and dissensus over liberal democracy in the European Parliament
A climate of optimism? EU policy-making, political science and the democratization of Central and Eastern Europe (2000–2015)
The Need for an EU Expulsion Mechanism
Why and How Should the European Union Defend its Values
When elites defend democracy, do citizens listen? How elites alert citizens to democratic recession
Liberal-democratic self-defense through rights restrictions
The parliamentary politics of the rule of law crisis in the EU
Conditionality of EU funds
Trends in Political Science Research
Toxic friend? The impact of the Russian invasion on democratic backsliding and PRR cooperation in Europe
Polity-building in the European Union’s rule of law crisis since 2010
Money Talks? The Effectiveness of Sanctions in the ‘Rule of Law’ Conflict in the European Union
Anti-liberal ideas and institutional change in Central and Eastern Europe
Political and constitutional overrides
Introducing the debate
Mobilizing European law
Grand theories of European integration in the twenty-first century
The essence of democratic backsliding in the European Union
Democratic backsliding and support for public good provision in the European Union
The Gramscian politics of Europe’s rule of law crisis
Why courts are the life buoys of migrant rights
Fundamental Change Beneath the Surface
Saving Popular Sovereignty From a Slow Death in the European Union
Do Preliminary References Increase Public Support for European Law? Experimental Evidence from Germany
Europe’s Other Democratic Deficit
Why does the European Right accommodate backsliding states? An analysis of 24 European People’s Party votes (2011–2019)
Ambiguity and interpretive politics in the crisis of European values
Understanding Accountability in Democratic Governance
MEP Responses to Democratic Backsliding in Hungary and Poland. An Analysis of Agenda‐Setting and Voting Behaviour
A theory of external judicial politics
Democratic Backsliding and Endogenous Polarization
Disempowerment through the Backdoor
Institutional logics and the EU’s limited sanctioning capacity under Article 7 TEU
Partisanship, pragmatism, or idealism? Evaluating public support for backlashes against international courts in backsliding democracies
Playing the blame game on Brussels
Political safeguards against democratic backsliding in the EU
The politics of guarding the Treaties
European Union enlargement and integration capacity
Enforcement and public opinion
International Courts and Public Opinion
How a Conversation Between EU Studies and Critical‐Constructivist IR Norm Research Illuminates a Union in Crisis
Mapping public support for the varieties of differentiated integration
The EU Commission
Authority transfer and governmental legal contestation before the court of justice of the EU
Judges as activists
From Stormont to Strasbourg – militant democracy in consociations
New normal” no more
Troublemakers and game changers
Countering Democratic Backsliding by EU Member States
Justice Contained
Eurolegalism
Boundary Control
Should the EU Protect Democracy and the Rule of Law inside Member States?
National Responses to European Court Jurisprudence
Of ‘Good’ and ‘Bad’ Subsidies
The political foundations of judicial independence in the European Union
Explaining Variation in the Use of European Litigation Strategies
The judicial enforcement of EU law through national courts
Playing the blame game on Brussels
Political safeguards against democratic backsliding in the EU
Six Lessons of Enlargement Ten Years On
Europe Before the Court
Problems of Operationalization and Data in EU Compliance Research
| Obras citantes distintas | 68 |
|---|---|
| Citas por año | 7,56 |
| Intervalo de citas | 2017 - 2026 (10) |
| Velocidad de citación | current |
| Altamente citado | No |
| Tipos de cita | Neutras: 66 |