Unveiling Democracy: Will the Court develop the EU’s core value?

The recent Opinions by Advocate General de la Tour in cases against the Czech Republic and Poland mark a cautious step toward defining the EU’s core value of democracy. These infringement cases address national laws that restrict political party membership to nationals, challenging EU citizens' electoral rights as guaranteed by Articles 20 and 22 TFEU. De la Tour's argumentation broadens the scope by linking citizenship rights to the principles of representative democracy under Article 10 TEU, thereby connecting them to the EU’s founding values enshrined in Article 2 TEU. This post examines the incremental "stone-by-stone" approach adopted by the Court of Justice to operationalize democracy, drawing parallels with its earlier development of rule of law principles. By engaging with Venice Commission and ECtHR jurisprudence, the cases provide a platform for deepening the legal substance of democracy, potentially influencing future EU interventions in electoral matters and addressing broader questions of democratic erosion in Member States. The judgments may shape a foundation for addressing sensitive constitutional issues while navigating the complex interplay between national sovereignty and EU values.