President of the Constitutional Court Irēna Kucina takes part in the 100th Anniversary Conference of the Liechtenstein Constitutional Court, which brings together legal experts, judges and academics to discuss the role of constitutional courts in the European legal space, with a particular focus on the challenges faced by courts in smaller countries. The conference focuses on the protection of fundamental rights, the sustainability of democracy and the response of constitutional courts to threats against it.
The President of the Constitutional Court gave a presentation: “The Role of Constitutional Courts in the Context of the Erosion of the Rule of Law: Balancing Fundamental Rights and the Foundations of a Democratic State”. She stressed that constitutional courts now operate in a much more complex legal and geopolitical environment than in the past, which also varies considerably according to regional and historical factors. Courts must be able to protect individual rights and assess with foresight the risks to the very foundations of constitutional democracy. This means that the protection of fundamental rights cannot be seen in isolation from the real security situation of countries.
“The task of constitutional courts is not to choose between fundamental rights and democracy – instead it is to protect fundamental rights so that the legal conditions that make them possible are preserved in the long term,” emphasised the President of the Constitutional Court. Irēna Kucina pointed out that constitutional courts must be able to simultaneously protect individual rights and assess threats to the foundations of the democratic State, ensuring that State action, even in times of crisis, is based on the rule of law, proportionality and reasonableness. Public trust is only secured if the State acts lawfully and proportionately. Even confronted with demanding challenges, the State must remain attached to the rule of law and not favouring the short-term interests instead. The fear should not become a substitute of a conduct based on law.
European countries are bound to remain dedicated to maintain a high standard of protection of fundamental rights, when adapting the application of constitutional law to changing security circumstances. These adaptations reflect the broader context, including the proportionality assessment. Moreover, democracy today needs to be protected not only from external threats but also from internal undermining, especially given the risks of propaganda and disinformation.
The conference highlighted the increasingly important role of constitutional courts in ensuring a balance between the protection of fundamental rights and the sustainability of the democratic State. It also brought contribution to a common understanding of the fundamental values of constitutional democracy, especially at a time of increasing threats.
