An infringement of democracy in the EU legal order
Kirst, NielsORCID: 0000-0002-8687-749X and Krappitz, David
(2021)
An infringement of democracy in the EU legal order.
In: Utrilla, DoloresORCID: 0000-0003-1500-957X and Shabbir, Anjum, (eds.)
EU Law in Times of Pandemic: the EU'S legal response to Covid-19.
EU Law Live Press, Madrid, Spain, pp. 132-138.
ISBN 978-84-123589-0-2
The current pandemic in Europe and beyond has challenged the essence of democratic orders. In many EU Member States, a state of emergency was introduced. These states of emergency come in certain cases with a far-reaching curtailment of fundamental liberties, the free press and civil society, and even basic democratic functions. While a temporary state of emergency can be justified amid the COVID-19 pandemic, some governments – at least temporarily – undermined the values of democracy. This chapter explores to what extent the EU can operationalize the value of democracy enshrined in Article 2 TEU and protect it within the Member States.