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Enforcing the Law of Democracy: On the Marine Le Pen Ineligibility Judgment and Its Implications (verfassungsblog.de)

submitted 3 weeks ago by [email protected] to c/[email protected]

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[–] [email protected] 1 points 3 weeks ago* (last edited 3 weeks ago) (4 children)

The authors are (imo validly) criticizing that besides financial fraud, which she clearly did commit, the court also introduces a novel concept of her being a threat to 'democratic public order' as a justification for parts of its ruling – which is not a legal violation per se and the use of which as basis for a decision is hence questionable.

I get what the court is trying to do (="millitant democracy") but I also get why the authors find this dubious.

[–] [email protected] 1 points 3 weeks ago* (last edited 3 weeks ago) (2 children)

Rooted in the idea that certain democratic freedoms—such as [...] political participation—may need to be legally restricted to safeguard democracy against internal threats, millitant democracy

[–] [email protected] 1 points 3 weeks ago (1 children)

Here is an article I read the other day that is of the opposite opinion.

[–] [email protected] 1 points 3 weeks ago* (last edited 3 weeks ago)

Also, on the topic of Romania,

https://verfassungsblog.de/romanian-militant-democracy-in-action/

the Ruling connects democracy and rule of law with Romania’s membership in the European Union and the North Atlantic Treaty Organization, making Romania’s withdrawal from these two communities unconstitutional.

This is concerning, if it ever gets used to ban someone advocating EU withdrawal from running for election. democracy <=/=> EU

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