Abstract

CARDOSO, João Casqueira; CSERNY, Ákos; BORBAS, Beatrix  and  URBANIAK, Lukasz. Public law in front of populism in Europe: the cases of Poland and Hungary. População e Sociedade [online]. 2021, n.35, pp.84-99.  Epub Jan 01, 2022. ISSN 0873-1861.  https://doi.org/10.52224/21845263/rev35a5.

Populism is by no means a legal term, and its conceptual matrix is unclear. Nevertheless, it remains a challenge for Public law, as populist trends challenge the notion of the rule of law and the formal mechanisms for the protection of fundamental rights. The European context illustrates this challenge. In this context, this contribution addresses three points: first, in general terms, the concept of populism is considered in its potential contacts with Public law issues; second, the cases of Poland and Hungary over the last decade are developed, highlighting their contexts and the way in which political and legal institutions, and more specifically constitutional courts, have been able to respond to populist trends. Finally, a concluding point discusses the lessons that can be drawn from these European cases, not only with regard to Poland and Hungary, but more broadly at the European and international levels. The article permits to identify the shortcomings of the instruments for the protection of fundamental rights, which are also the shortcomings of a still incomplete European Public law.

Keywords : Populism; Public Law; Constitution; Poland; Hungary..

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