Saving the European Union from its Illiberal Member States

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András Jakab (Judge, Judge, European Court of Human Rights Lando Kirchmair) Lando Kirchmair (Judge, Judge, European Court of Human Rights Lando Kirchmair)

Saving the European Union from its Illiberal Member States

András Jakab (Judge, Judge, European Court of Human Rights Lando Kirchmair), Lando Kirchmair (Judge, Judge, European Court of Human Rights Lando Kirchmair)

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English

Oxford University Press
01 May 2025

Treaties & other sources of international law; International law of territory & statehood

Series: Oxford Studies in European Law

In the last decade, at least two European Union (EU) member states have deteriorated from fragile liberal democracies to illiberal regimes. This deterioration not only includes key elements of the rule of law, but also mechanisms of democratic accountability have eroded. While the cause is an unfortunate combination of factors, post-socialist EU member states are particularly likely to embrace an illiberal cause.

Saving the European Union from its Illiberal Member States aims to show that inherited cultural patterns from socialism - and even earlier - in the form of informal practices and narratives are a largely underestimated source of illiberalism. Initially, the book diagnoses an unfortunate dynamic of 'mutual poisoning': existing vulnerabilities and weaknesses of democracy and the rule of law at the level of EU law are exacerbated by illiberal member states, and vice versa. The crisis of illiberal regimes is shown to be a symptom of the EU's own constitutional malaise. Authors András Jakab and Lando Kirchmair aim to offer antidotes to this mutual affliction, highlighting areas of EU law that have been neglected. Chapters examine whether an epistemological tool, such as the EU Justice Scoreboard, could be adapted to identify illiberal elements. The authors also argue that the protection of fundamental rights needs to be strengthened, through the completion of the European Fundamental Rights Union. Finally, the book states that the Spitzenkandidaten-system needs to be further strengthened and stabilised for the long term - not only to ensure the democratic accountability of the Commission, but also because this has the potential to bring the Commission's hitherto undecided and hesitant stance closer to that of the European Parliament.

By: András Jakab (Judge Judge European Court of Human Rights Lando Kirchmair), Lando Kirchmair (Judge, Judge, European Court of Human Rights Lando Kirchmair)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 165mm, Spine: 20mm
Weight: 530g
ISBN: 9780198954606
ISBN 10: 0198954603
Series: Oxford Studies in European Law
Pages: 240
Publication Date: 01 May 2025
Audience: Professional and scholarly , College/higher education , Undergraduate , Further / Higher Education
Format: Hardback
Publisher's Status: Active

András Jakab is a Professor of Constitutional and Administrative Law at the University of Salzburg (on leave) and a Judge at the European Court of Human Rights. Formerly, he held various research and teaching positions in Budapest, Madrid, Liverpool, Nottingham, and Heidelberg. He also held a number of visiting and temporary positions in Milan, Luxembourg, Vienna, Heidelberg, and Budapest. His main research areas are constitutional law, European law, legal theory, and comparative law. He has a special research interest in the erosion of the rule of law and democracy. Lando Kirchmair is a Deputy Professor at the University of the Bundeswehr in Munich. Formerly, he held various research and teaching positions in Salzburg, Rio de Janeiro, and Budapest and he also worked in different legal jobs in Strasbourg and Vienna. His main research areas are in international law, European law, public law, and legal philosophy. He has special research interests in the interplay between the international, EU, and member state legal orders as well as law and interdisciplinarity.

Reviews for Saving the European Union from its Illiberal Member States

This is not only the crispest analysis of the EU constitutional crisis to date, but, above all, a work full of innovative institutional proposals how to solve it. * Christoph Möllers, Humboldt-University Berlin * A fascinating description of mutual poisoning: the growing illiberalism in EU member states poisons the EU and the poison of indifference enables the self-poisoning in the member state. The authors offer the antidote-and there is no intellectual excuse left not to take it. * András Sajó, Hungarian Academy of Sciences * The emergence of illiberal regimes within the European Union has triggered its most profound constitutional crisis to date. This book marks a significant and long-awaited advancement of the legal and political discussions regarding the nature of this crisis and potential solutions. It effectively challenges prevalent misconceptions and proposes practical institutional adjustments. * Armin von Bogdandy, Max Planck Institute for Comparative Public Law and International Law *