El caso de Polonia en la UE: retrocesos democráticos y del estado de derecho y «dilema de Copenague»
During the European legislatures 2009-2014 and 2014-2019 the EU has witnessed the challenge posed by the alarming signs of deterioration and decline of democracy in the EU. Not by chance this trend has coincided with the immersion of the Union in the worst crisis in its history that began in 2008 an...
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| Format: | Article |
| Language: | Spanish |
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2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5865510 |
| Source: | Teoría y realidad constitucional, ISSN 1139-5583, Nº 38, 2016, pags. 101-142 |
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| Summary: |
During the European legislatures 2009-2014 and 2014-2019 the EU has witnessed the challenge posed by the alarming signs of deterioration and decline of democracy in the EU. Not by chance this trend has coincided with the immersion of the Union in the worst crisis in its history that began in 2008 and has been called the «Great Recession» of the EU or the European «glaciation». Over this period Hungary has been the best example of democratic backsliding in the EU but Poland has shown an equally worrying deterioration lately. Yet these are not, unfortunately, isolated cases but there is rather an increasingly widespread trend in Europe that has received, depending on the context, the name «putinization» or «orbanization». The present article recounts the constitutional deterioration experienced by those two countries and the initiatives that have been launched from the EU to follow-up and contest those processes. The article emphasizes the «anti-liberal » or «iliberal» features that characterize these democracies as well as those marks inherent to the rise of nationalism and intolerance and puts them in relation to other historical processes of democratic erosion in Europe, focusing on the dialectic democracy vs populism. The article also exposes the conflicts stemming from the so-called «Copenhagen dilemma» and the rise of the extreme right across the EU and stops in some concrete cases such as the restrictions on the rights of refugees in Denmark or the limitations which have occurred in recent years in the field of civil liberties in Spain. The article concludes that this deterioration is linked to the «great enlargement», which involved the accession to the EU of the Eastern European countries against the backdrop of a relentless financial and economic crisis that rapidly became in a social crisis and a truly crisis of values as a result of the austerity policies imposed by an unsatisfactory handling of the crisis itself. This has resulted in a challenge to the very idea of European integration coming from different ideological fronts. The article finally stops on the European response to the democratic backsliding described before by reaffirming its fundamental values and by enhancing their protection by implementing new mechanisms to ensure that the quality of democracy and the rule of law in the EU is improved complementing the national systems of judicial protection of fundamental rights legal common to the constitutional traditions of the EU Member States. |
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