SAFEGUARDING ELECTORAL RIGHTS IN THE EUROPEAN UNION

BETWEEN THE EU’S NORMATIVE AUTHORITY AND NATIONAL JUDICIAL REVIEW

Abstract

The right to vote and to stand for election constitutes one of the fundamental elements of the rule of law and a key mechanism of democratic legitimation of public authority. Within the European Union, this principle acquires particular significance, as the democratic legitimacy of the European Union is indirectly derived from democratic processes taking place in its Member States. The European Union cannot function as a credible global promoter of democracy and the rule of law if it is unable to ensure that the democratic origin of power in Member States is effectively protected. What is the role of the European Union in safeguarding electoral rights in the context of increasing geopolitical confrontation? What role do the Member States play in this regard? What regulatory strategies in this area can be identified in European Union legislation and in the exercise of its conferred competences? The aim of this paper is to analyse and seek answers to these questions, since on 12 November 2025 the European Commission and the High Representative of the union for foreign affairs and security policy published a Joint Communication entitled “European Democracy Shield: Empowering Strong and Resilient Democracies”. This initiative envisages the adoption of measures to be implemented by 2027, one of its key areas being the strengthening of free and fair elections. As indicated in the document, elections within the European Union are subject to undue or undesirable influences. The question therefore remains whether the European Union, through its legal framework, is capable of effectively addressing such influences while simultaneously respecting Member States’ sovereignty in electoral matters. Using the Slovak Republic as a case study, the paper also examines judicial review of elections considering the current challenges faced by the European Union in the exercise and protection of electoral rights. Effective and independent judicial review of elections does not merely represent an instrument of internal control over the legality of electoral processes but also forms a fundamental condition for the credibility of democratic governance and for the continuous promotion of the principles of democracy and the rule of law across the European Union. The European Union can promote these principles globally only to the extent that they are guaranteed and effectively enforced at the national level. Through an analysis of the Slovak approach, this contribution examines the process of interaction between European Union legislation and the national law of a Member State considering new initiatives in EU legislation.