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The study investigates how the right to democracy is used in constitutional complaints before the German Federal Constitutional Court.

April 18, 2026European Law OpenOpen Access

Power to the people – power to the court? Constitutional complaints and the legal mobilisation of the ‘right to democracy’

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The study investigates how the right to democracy is used in constitutional complaints before the German Federal Constitutional Court.
Analyzed original pleadings from four legal cases involving the European Central Bank.
Examined the relationship between plaintiffs' legal arguments and the Court's rulings.
Utilized a largely untapped data source to illustrate the interactive legal process.
Demonstrated the dynamic relationship between plaintiffs and the Court in constitutional matters.
Showed that plaintiffs effectively build on existing case law to strengthen their arguments for democracy.
Evidence suggests that Court rulings adapt and refine based on plaintiffs' inputs.

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This article explores how plaintiffs utilize the right to democracy, influencing court rulings on European integration.

Thierse et al. (2026) studied this question.

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