Nik de Boer’s monograph examines the role and legitimacy of national constitutional courts in relation to the European Union (EU). A hotly debated question among constitutional scholars is whether and under what circumstances constitutional courts should impose limits on European integration. Some argue that such review risks destabilizing the EU legal order and could even spell the end of the EU as we know it. Others are more positive and see the national constitutional courts as opening up a space for welcome contestation, dialogue, or as a safeguard for democracy given democratic deficiencies in the EU’s decision-making processes.

Judging European Democracy moves beyond these debates by systematically considering whether national constitutional courts are the proper institutions to decide issues of fundamental constitutional importance for the EU. Based on an-depth case study of the German Constitutional Court, the book develops the argument that fundamental constitutional issues related to the EU are often better left to political institutions that represent Europe’s citizens and can be held democratically accountable by them.

Speakers

Nik de Boer, Sabine Mair, Niels Graaf and Anniek de Ruijter (moderator)