1st Edition

EU Law, Fundamental Rights and National Democracy




ISBN 9780815385967
Published December 26, 2018 by Routledge
226 Pages

USD $155.00

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Book Description

The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do so only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU (CJEU) imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order’s very legitimacy.

Table of Contents

Chapter 1: Introduction

PART I

Chapter 2: The Claim of Democratic Legitimacy

Chapter 3: Democracy and Human Rights

Chapter 4: Human Rights, Courts and Democracy

PART II

Chapter 5: The EU and the Member States

Chapter 6: The Point of Fundamental Rights in EU Law

Chapter 7: The Foundations of EU Fundamental Rights

Chapter 8: The EU Citizen as a Bearer of EU Rights

Chapter 9: Conclusion

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Author(s)

Biography

Eduardo Gill-Pedro is Postdoctoral Fellow at the Faculty of Law, Lund University, Sweden