Patterns of Democracy in the Case Law of the EU Court of Justice and the European Court of Human Rights

• Authors: Ninatti Stefania , Arcari Maurizio
• Languages of publication: EN

Abstracts

EN

This article attempts to discover the key elements of the democratic principle, as described by the judges sitting in Luxembourg and Strasbourg, whose case law reveals the underlying idea of democracy at the supranational level. Until recently the debate on democracy was limited to the national level. But things are changing, and this article shows the gradual emergence of a process led by supranational courts, in which the application of the democratic principle finds multiple grades and variations. In this way the supranational/international courts have opened a new chapter in the process of constitutionalization of international law.

Keywords

EN

CJEU; democracy; European Union; Court of Justice of the European Union; European Convention on Human Rights; European Court of Human Rights

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Polish Yearbook of International Law
• Year: 2015
• Volume: 35
• Pages: 171-192

Dates

published

2016-07-26

Contributors

author

Ninatti Stefania

• School of Law, University of Milano-Bicocca

author

Arcari Maurizio

• School of Law, University of Milano-Bicocca

Identifiers

DOI

10.7420/pyil2015f