EU Democratic Oversight and Domestic Deviation from the Rule of Law: Sociological Reflections

In the chapter, I will first discuss what I see as the prevalence of a formalistic-technocratic view in the EU promotion of the rule of law and constitutionalism. I will relate three problématiques to such a formalistic view: a problématique of formal and informal dimensions of the law; a problématique of universalist and particularist perceptions of the law; and a problématique of representative and alternative dimensions of constitutional democracy. In the second part of the chapter, I will briefly discuss the domestic problems of the Hungarian case, in particular in the light of the three problématiques. In conclusion, I argue that three areas need a more in-depth attention in the discussion on democratic oversight: the sociological legitimacy of the constitutional framework and political and social commitment to the rule of law and constitutional democracy; existing constitutional and legal traditions; and the societal role in democratic oversight and checks and balances through empowerment of local societal actors.