Verfassungsblog (Feb 2024)
Unveiling Democracy - Will the Court develop the EU’s core value?
Abstract
On 11 January, Advocate General Richard de la Tour delivered his Opinions in two cases, against the Czech Republic and Poland, which cautiously uncover part of the core of the EU value of democracy. The Commission launched these infringement cases against the two Member States back in November 2012 and April 2013 respectively. Now that the rule of law is a well-established principle of EU law, these cases present themselves as a chance to focus on a less explored value enshrined in Article 2 TEU. They allow the Court to construct a foundation to address prospective questions regarding democratic principles.