Democratic accountability as the constitutional standard of the democracy in the European Union Cover Image

Odpowiedzialność demokratyczna jako konstytucyjny standard demokracji w Unii Europejskiej
Democratic accountability as the constitutional standard of the democracy in the European Union

Author(s): Dagmara Kornobis-Romanowska
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: democracy; European Union; democratic accountability; constitutional standard of democracy; independence of the judiciary

Summary/Abstract: Democracy is the oldest value of the civilized world. Without it, there is no question of the rule of law, protection of human rights or non-discrimination. Democracy is realized through the law, and the violation of the rule of law always damages it and triggers an accountability mechanism aimed at assessing the actions of governing bodies directly in relation to the democratic standard (accountability). This standard is expressed and measured by the degree of trust which ruling authorities in a democratic society must inspire in subjects of the law. The stronger the trust is, the democratic standards are higher, and the legal protection becomes stronger. The constitutional democratic standard in the EU is thus a derivative of the standard of effective legal protection provided by independent courts. The independence of the judiciary is a key element of democratic accountability as it builds public confidence in the courts as authorities and trust strengthens democratic accountability. Being a member of the EU, it is impossible to avoid this accountability, and the standard of democracy for the EU Member State cannot remain purely national.

  • Issue Year: 2022
  • Issue No: 8
  • Page Range: 346-369
  • Page Count: 24
  • Language: Polish