Protection of democratic values in the context of the case-law of the Court of Justice of the European Union

Abstract

In the process of European integration, member states gradually and in a special structure of the institutional framework delegate powers to the European Union which is not similar to the structure of other international organizations or the institutional structure of the member states. This situation naturally gives rise to a discussion about the democratic nature of decision-making, the quality and the legitimacy of the decisions made at the level of the European Union. This paper deals with the selected case-law of the Court of Justice of the European Union from the view of the application and protection of democratic values in decision-making by European institutions. Therefore, let´s look at the judgments of the Court of Justice of the European Union in the context of the protection of its values ​​and the interpretation provided by the case law and the other aspects from the point of view of the proposers which could at least contain elements of a democratic deficit.