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Countering Democratic Backsliding by EU Member States: Constitutional Pluralism and ‘Value’ Differentiated Integration

Bellamy, R; Kröger, S; (2021) Countering Democratic Backsliding by EU Member States: Constitutional Pluralism and ‘Value’ Differentiated Integration. Swiss Political Science Review 10.1111/spsr.12448. (In press). Green open access

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Abstract

Constitutional pluralism (CP) and differentiated integration (DI) have been criticised as potentially legitimising democratic backsliding within the EU. Critics contend that effective measures require strengthening the legal authority of the Court of Justice of the European Union and the political authority of the European Commission. We dispute this criticism, which rests on a federal conception of the EU at odds with its confederal features. We argue that the value of democracy for the EU derives from pluralism between as well as within states, thereby justifying CP and DI. While both prove incompatible with democratic backsliding, they challenge the legitimacy of the strong assertions of federal authority some advocate to tackle it. Drawing on CP, we propose four criteria for EU action against backsliding regimes, and suggest processes and penalties that meet them. We liken the latter to ‘value’ DI, whereby backsliding states can be excluded from EU funding and voting rights.

Type: Article
Title: Countering Democratic Backsliding by EU Member States: Constitutional Pluralism and ‘Value’ Differentiated Integration
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/spsr.12448
Publisher version: https://doi.org/10.1111/spsr.12448
Language: English
Additional information: © 2021 The Authors. Swiss Political Science Review published by John Wiley & Sons Ltd on behalf of Swiss Political Science Association This is an open access article under the terms of the Creative Commons Attribution‐NonCommercial‐NoDerivs License, which permits use and distribution in any medium, provided the original work is properly cited, the use is non‐commercial and no modifications or adaptations are made.
Keywords: Differentiated Integration, Democratic Backsliding, Pluralism, Constitutionalism, European Union
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS > Dept of Political Science
URI: https://discovery.ucl.ac.uk/id/eprint/10127165
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