General Conclusions: Human Right to Democracy Ensures Comprehensive Legal Toolbox against Democratic Backsliding
摘要
The most important democratic elements at national level rest on a firm basis in internationally or supranationally guaranteed democratic human rights and are therefore relatively well enforceable. These specific democratic rights are the source of an unwritten general right to national democracy that has not yet been firmly established but can help counter systemic threats against democratic systems. Democracy must also be realised internationally in global and regional international and supranational organisations that characterise the modern multilevel system. The democratic human rights also support international democracy. From their synthesis, an unwritten general human right to international democracy can be derived. National and international democracy are interdependent and can come into conflict. The general human right to an adequate overall standard of democracy in multilevel systems requires a balance between national and international democracy. The EU constitutes the most advanced supranational multilevel democratic system of government. Its strict requirements for national and supranational democracy often translate into judicially enforceable individual rights. The EU also actively promotes national and international democracy. The rights regarding national democracy are better entrenched in global and regional international law as well as in EU law than the rights regarding international democracy. In EU law, the rights regarding supranational democracy are better entrenched than the rights regarding international democracy.