Is the European Union a Militant Democracy? The perspective of the Court of Justice in Zambrano and Kadi

This article tries to contribute to the debate concerning the nature of the European Union as a form of militant democracy, an idea recently suggested, among others, by Müller when describing the reaction of the Union towards the worrying situation in Hungary. While in his contribution Müller mainly focused on the role of the European Parliament and other political actors (also proposing the establishment of a new institution – the Copenhagen Commission ) we are going to explore this idea from a slightly different perspective, by looking at courts, seen as structures aimed at deciding conflicts between norms