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This chapter analyses interrelations between the freedom of expression and the right to free election in the case law of the European Court of Human Rights.
In Central Europe, especially in Hungary and Poland, over the last years there are serious problems related to democracy, constitutional balance and the rule of law. In a short time, the illiberal political leaders put into practice an order that calls into question principles that form part of the axiological foundation of the European Union. This article explains why illiberalism has been so successful in this region and which techniques have been used to reinforce the political capture of various state institutions,especially the judiciary. The article also contains a critical analysis of the European Union’s attitude towards Hungarian and Polish illiberalism. The general hypothesis of this study is that Hungary and Poland have gone so far towards constitutional illiberalism, that it is extremely difficult to indicate the simple legal remedies for rapid return of these countries to liberal democracy.
The article presents the judgment of the Polish Constitutional Court of 10 March 2022
(K 7/21). In this judgment, the Court questioned the constitutionality of the art. 6 of the European Convention on Human Rights, one of the fundamental norms of the European system of human rights protection. The article criticises this decision and shows its negative consequences for the individual right to a fair trial.
The article shows the process of normativization of scientific knowledge in the European Convention on Human Rights system. It argues that scientific and technological knowledge substantially impact tools used by the European Court of Human Rights, such as the living instrument doctrine, positive obligations, and European consensus.