Beširević, Violeta (2022) Thinking outside the politics box : framing a judicial role in shaping militant democracy in the European Union. In: COURTS and judicial activism under crisis conditions : policy making in a time of illiberalism and emergency constitutionalism / edited by Martin Belov. Routledge, New York, pp. 74-98. ISBN 978-1-032-06082-8
Full text not available from this repository. (Request a copy)Abstract
Starting from the premise that defending democracy, or turning it into ‘militant democracy’, is not just political but also a judicial task. This chapter advocates for a stronger judicial role in responding to threats to domestic democracy in EU Member States. The chapter starts with brief reflections on the EU’s democratic credentials and the judicial efforts to make democracy the only acceptable form of governance in the Union. What follows is the explanation of the notion of militant democracy and its application in democratic backsliding cases. The ‘militant’ approach of the CJEU to court-packing in Poland will shed light on how judicial avenues, like the infringement proceedings and a preliminary ruling, if rightly and timely articulated, and accompanied by interim measures and the EU integration saving doctrines, may help prevent the Member States from reducing democracy only to the election of leaders.
| Item Type: | Book Section |
|---|---|
| Additional Information: | COBISS.SR-ID 75487497 |
| Uncontrolled Keywords: | democracy, militant democracy, judicial role, European Union |
| Subjects: | ?? JA ?? ?? K1 ?? |
| Depositing User: | Mr Stanko Kovačić |
| Date Deposited: | 10 Nov 2023 13:30 |
| Last Modified: | 27 Dec 2023 11:34 |
| URI: | http://repozitorijum.pravnifakultet.edu.rs/id/eprint/44 |
Actions (login required)
 |
View Item |
