A report by an international consortium of investigative journalists that found that Babiš had used offshore shell companies to secretly acquire a $22 million lock in France was also a factor in the election. Babiš denies having acted illegally and claims to have no property in France. Only an independent judiciary could get to the bottom of these things. In the Czech Republic, for example, populist billionaire Andrej Babiš lost a parliamentary election last week, in part because the European Commission and the European Court of Auditors ruled that he was breaking EU rules on conflicts of interest because his business empire was receiving EU funds. As a result, Brussels is retaining Prague`s share of the post-COVID reconstruction fund. The European rule of law is also being challenged in France. Former EU Brexit negotiator Michel Barnier, a candidate for the conservative Republicans nomination for next year`s presidential election, said if elected, he would call a referendum on a “constitutional shield” to overturn the CJEU and the European Court of Human Rights on migration policy. Michel Barnier wants to impose a multiannual moratorium on immigration and family reunification. High-quality democracy requires a truly democratic rule of law that guarantees political rights, civil liberties and accountability mechanisms, which in turn affirm the political equality of all citizens and limit potential abuses of state power.
How to conceptualize the democratic rule of law (estado democrático de derecho, rule of law) and, as far as possible, measure empirically? By looking at a number of variables within the rule of law, we can understand what makes it effective and how it relates to other aspects of the performance of democratic countries. This essay focuses on contemporary Latin America (especially Argentina and Brazil), where democratic regimes at the national level often coexist effectively with non-democratic subnational regimes – called “brown zones.” “When it comes to fair elections and the exercise of political rights, citizens are generally at a general level of equality. However, when dealing with state institutions, individuals (whether citizens or not) often find themselves in situations of high de facto inequality. It is a sad law of human nature that individuals, when placed at the top of very unequal relationships, tend to forget that their right to authority comes from those “below” who are rights holders and should be treated with all consideration and respect. It is a problem everywhere. It is more serious and systematic if the subject of these relationships is one of those affected by severe and persistent poverty and inequality. These grievances lead to social authoritarianism, which is unfortunately reflected in the way too many state institutions treat too many citizens. The “correct” interpretation of laws and constitutions is one of the major issues on which political struggles are fought. Contrary to technocratic and positivist views, we must never forget that law in its content and application is largely (like the state of which it is a part) a dynamic condensation of power relations, and not just a rationalized technique for ordering social relations.
Social change and endless struggles to acquire new rights and reinterpret old ones make the rule of law, in particular the democratic rule of law, a flexible horizon. For these reasons, I believe that when assessing the rule of law and its links with democracy and democratic quality, we must start by defining a point below which there is a certain rule of law but no rule of law (OâDonnell, 2004). What is happening in Central Europe shows why it is worth fighting for the rule of law. Given the showdown between Brussels and Warsaw, this is a timely reminder of what is at stake. The EU must crack down on any member that undermines the European legal order. PARIS – If anyone in Europe doubted the importance of the rule of law, the continent`s turbulent politics in recent days offer a wealth of examples. Barnier`s proposal, which insisted that the ECJ should be the ultimate arbiter in negotiations with Britain on behalf of the 27 EU countries, came as a shock. And the two far-right candidates, Marine Le Pen, and Eric Zemmour, who is not yet a candidate, want to go even further and declare the French courts sovereign in all matters. EU law offers citizens – and foreign investors – the best protection against arbitrariness, corruption and confiscation of power or property.
But if one country`s court can overturn the CJEU on an issue such as the independence of the judiciary, what prevents others from overriding EU law on sensitive issues such as the free movement of people or goods in the single market or the monetary policy decisions of the European Central Bank (ECB)? In an attempt to protect this hampered judicial system from scrutiny and censure by the European Court of Justice (ECJ), the country`s Constitutional Court – including judges illegally appointed by the ruling Law and Justice party – ruled last week that Poland`s constitution takes precedence over EU treaty law. Recent events in Poland, Austria and the Czech Republic underline the importance of independent prosecutors and judges. Indian courts are playing an increasing role in the political life of the country. But even as judicial intervention has become more extensive, the principles underlying its legitimacy have diminished. Kurz denied breaking the law and vowed to defend himself. The 35-year-old populist, who remains leader of his People`s Party, could still clear his name and make a comeback.