Constitutionalism Today: The Prospects of the European Constitutional Community
Kriszta Kovács, Susanne Baer, Maya Vogel – 2023
In what follows, we will revisit the meaning of constitutionalism, based on the rule of law and backed up by courts, to understand what is at stake and what to do about it. We will first analyse the role of courts within a democratic political system and then revisit what constitutional erosion looks like in some EU Member States. The Hungarian and Polish governments have been the most prominent actors seeking to undermine the very foundations of the EU community itself, but they have not been the only ones. In response to this, the EU launched its rule of law mechanism, which has not been very effective to date.[12] Thus, section III poses the question of whether the European constitutional community is capable of dealing with the challenges to transnational democracy in the region. More specifically, the Court of Justice of the European Union has the mandate to intervene. But domestic courts of Member States, both constitutional and regular, must also contribute to the effort. Yet it is important not to forget that political, social, economic, and academic actors are called upon to revisit their commitments and stand up for them. The concluding section IV summarises the findings.