ABSTRACT
Starting from the premise that defending democracy, or turning it into ‘militant democracy’, is not just political but also a judicial task. This chapter advocates for a stronger judicial role in responding to threats to domestic democracy in EU Member States. The chapter starts with brief reflections on the EU’s democratic credentials and the judicial efforts to make democracy the only acceptable form of governance in the Union. What follows is the explanation of the notion of militant democracy and its application in democratic backsliding cases. The ‘militant’ approach of the CJEU to court-packing in Poland will shed light on how judicial avenues, like the infringement proceedings and a preliminary ruling, if rightly and timely articulated, and accompanied by interim measures and the EU integration saving doctrines, may help prevent the Member States from reducing democracy only to the election of leaders.
