There are growing concerns about the state of democracy in Europe and the world. This contribution aims to consider the role of courts, and in particular transnational courts, in the face of these challenges. Human rights are often considered as limits or trumps against democratic choices. However, they are actually inextricably linked to democracy, and not only because they include rights such as freedom of expression and association, the right to vote or stand for election. This study considers the role of the Court of Justice of the EU in upholding democracy in Member States through a series of cases involving challenges to judicial independence in connection to effective judicial protection.

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Courts and the Protection of Democracy

  • Miguel Poiares Maduro

摘要

There are growing concerns about the state of democracy in Europe and the world. This contribution aims to consider the role of courts, and in particular transnational courts, in the face of these challenges. Human rights are often considered as limits or trumps against democratic choices. However, they are actually inextricably linked to democracy, and not only because they include rights such as freedom of expression and association, the right to vote or stand for election. This study considers the role of the Court of Justice of the EU in upholding democracy in Member States through a series of cases involving challenges to judicial independence in connection to effective judicial protection.