Publication details
From the Liminal Spaces to the Global Legal Culture: Exploring the Culture of Justification in CEE-EU Disputes
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| Year of publication | 2024 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
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| Description | In contemporary Europe, the tradition of democracy remains a cornerstone. Two decades following the significant enlargement of the European Union, Central and Eastern European nations have become integral parts of this Western democratic landscape. However, democracy extends beyond mere majority rule. In principle, it requires the consent of the governed to enforce the rules. This is how democracy; liberalism and the rule of law differ from autocratic regimes. In the face of reasonable disagreement, achieving unanimous consent is often unattainable. Therefore, we found the alternative in ensuring that any legislation or governmental action convincingly reflects a collective exercise of reasoning regarding the translation of citizens' rights into specific contexts. (Möller, 2023) This implies that not everyone needs to (and realistically cannot) agree to abide by the regulations. Democratic principles thus assume that those in power have a responsibility to convey the rules to the governed using language that we can reasonably comprehend and accept, even if we hold differing views on the regulations. Proportionality, both as a principle and a judicial doctrine, serves to institutionalize every citizen's entitlement to justification. It provides a structure for demonstrating the reasoning behind an act in terms of grounds that are appropriate in a liberal society. (Kumm, 2010) Put simply, it ensures that citizens are only subject to the actions of public authorities when those actions can be reasonably explained. The doctrine of proportionality has emerged as one of the fundamental principles in European law, formally recognized in a protocol to the TFEU. Consequently, it has sparked significant debate and contention between EU institutions and individual Member States, notably those within the Visegrád Group. The author will therefore analyze this conflict in the case law of the ECJ in order to assess the narrative origins, development, and implications of the culture of justification and the doctrine of proportionality in relation to the EU and the countries of Eastern Europe. |
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