Fighting Illiberalism Through Courts - 5 July 2018

Fighting Illiberalism Through Courts - 5 July 2018

by Daniel Sarmiento

Humanities, Social Sciences & Thought Law & Justice LNDConstitutional and administrative law: generalLNDMJudicial review
🎙 Daniel Sarmiento 👥 1K 📅 July 16, 2018 ⏱ 41 min 👁 326 📄 expert opinion 🧭 2026-08-18
Available in: English (current) Français

Keywords

illiberalismrule of lawEU lawjudicial independenceconstitutional courts

Summary

In this lecture, Professor Daniel Sarmiento discusses the rise of illiberal movements in Europe and the role of courts, particularly the Court of Justice of the European Union, in countering them. He outlines a two-phase process: first, illiberal movements prepare the ground by exploiting public discontent and using divisive rhetoric, then they gain power and attempt to control institutions, including the judiciary. Sarmiento examines various legal tools available at the EU level, such as infringement procedures, Article 7 TEU, and the case law on judicial independence. He highlights cases like the Hungarian retirement age for judges and the Polish judiciary reforms, showing how the Commission and the Court have responded. He also discusses the limits of judicial intervention, using the Catalan independence crisis as an example of how courts can be used but also the need for political engagement. He concludes that while courts have a role, they should not be the sole protagonists; political dialogue and defense of fundamental rights are essential.

163 words

Critical Evaluation

Value of the Information & Strength of the Argument

The lecture provides valuable insights into the legal mechanisms for protecting the rule of law in the EU. Sarmiento’s argumentation is well-structured, drawing on specific cases and legal provisions. He effectively demonstrates the evolution of EU law in addressing threats to judicial independence. However, the argument is normative and based on his interpretation of the law, which may be contested. He also acknowledges the limitations of judicial intervention, adding nuance to his argument.

Scientific Rigor, Source Quality, Title Accuracy

The speaker is a credible expert, and the lecture is based on his professional experience and knowledge of EU law. He references specific cases and legal articles, but no formal citations are provided. The title accurately reflects the content. The lecture is an expert opinion, not a peer-reviewed study, so the sources are not systematically verified.

144 words

Title / Content Match

The title accurately reflects the content, which focuses on using courts to combat illiberal tendencies within the EU.

Quality & Reliability

8/10

The speaker is a professor of EU law with extensive experience at the Court of Justice, providing a well-informed expert opinion. The lecture is based on legal analysis and case law, but it is not peer-reviewed and reflects a particular viewpoint.

Key Moments

Markers derived by PSI from the transcript: the creator did not define chapters.

Contribution & Novelties

The lecture offers a comprehensive overview of the EU’s legal responses to illiberal challenges, synthesizing case law and institutional developments. It provides a nuanced perspective on the limits of judicial power, emphasizing the need for political solutions. The speaker’s insider experience adds depth.

Pour aller plus loin :

73 words

Radar Profile

The radar profile shows high scores in quality and reliability, reflecting the expert's credibility, but moderate scores in quantity and technical level, indicating a focused but not exhaustive treatment.

Reliability 8/10