This book discusses the nature of the challenges that have confronted European democracies in recent years In the past decade the rule of law in Europe has been put under strain by both external and internal factors The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union are called into question The preservation of the independence of the judiciary of the freedom of expression and the protection of journalists are among the values under threat But these challenges are also present within the older democracies in which emergency regimes have become more common As the European Union’s sanctions regime shows striking a balance between security and the rule of law of which fundamental rights are an intrinsic part is a constant challenge Focusing on the European courts’ responses to these threats the book discusses how courts could provide the ultimate line of defense The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government
