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29th May 2020
Human Rights Institutional law

Op-Ed: “An Infringement of Democracy in the EU Legal Order” by David Krappitz and Niels Kirst

A Battle for EU Values in the Member States

The current pandemic in Europe and beyond has challenged the essence of democratic orders. In many European Union Member States a state of emergency was introduced (see here). These states of emergency are in certain cases connected with a far-reaching curtailment of fundamental liberties, the free press and civil society, and even basic democratic functions (see here and here). While a temporary state of emergency can be justified amid the COVID-19 pandemic, some governments - at least temporarily - undermined the values of democracy (see here). This Op-Ed explores to what extent the EU can operationalise the value of democracy enshrined in Article 2 Treaty on European Union (TEU) and p

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