Enforcing Democracy: How the European Commission is Testing out the Legal Waters

This piece examines the European Commission's use of Articles 2 and 10 TEU to address violations of democratic principles within EU member states, focusing on the recent infringement procedure against Poland's controversial "Lex Tusk" law. While previous actions relied on Articles 2 and 19 TEU to uphold the rule of law, the Commission is now exploring whether Article 10 TEU can similarly enforce democracy. Drawing parallels to the CJEU's jurisprudence on judicial independence, the article highlights how Article 10 TEU may give concrete expression to democracy under Article 2 TEU. However, defining the obligations of "democratic accountability" remains challenging, given Member States' varying interpretations of democracy. This piece underscores the risks of enforcing democratic principles without clearly defined legal obligations, urging caution in framing values-based infringement actions.