Publication: The crisis of the rule of law in Europe: the cases of Hungary, Poland and Spain
Authors
Parra Gómez, David
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Publisher
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DOI
https://doi.org/10.30958/ajl.7-3-6
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info:eu-repo/semantics/article
Description
© 2021 The authors.
This document is the published version of a published work that appeared in final form in Athens Journal of Law
This document is made available under the CC-BY-NC 4.0 license http://creativecommons.org/licenses/by-nc/4.0
To access the final edited and published work see:
https://doi.org/10.30958/ajl.7-3-6
Abstract
Democracy is an instrument at the service of a noble purpose: to ensure the
freedom and equality of all citizens by guaranteeing the civil, political and
social rights contained in constitutional texts. Among the great principles on
which this instrument rests is the division of powers, which consists,
substantially, in the fact that power is not concentrated, but that the various
functions of the State are exercised by different bodies, which, moreover, control
each other. Well, the increasingly aggressive interference of the Executive and,
to a lesser extent, the Legislative in material spheres that should be reserved
exclusively for the Judiciary, violates this principle and, for this reason, distorts
the idea of democracy, an alarming trend that, for some time now, are observed
in European Union countries such as Hungary, Poland and Spain. Preventing
the alarming degradation of European democracy, of which these three
countries are an example, requires not only more than necessary institutional
reforms to ensure respect for these principles and prevent the arbitrariness of
the public authorities, but also a media network and an education system that
explains and promotes these values and principles, that is, one that makes
citizens aware of and defend constitutionalism.
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Citation
Athens Journal of Law, vol. 7, núm. 3, 2021, págs. 379-398
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