Effective Remedies and Reinforcing Procedural Guarantees of Constitutionalism in Europe

Illiberal regimes show signs of mutual learning, which would need to be matched with similarly innovative solutions on the side of constitutional resilience. The paper, contributing to this process, looks first at illiberalism’s internal tension that could be exploited to the benefit of strengthening constitutionalist guarantees. The approaches of the CJEU and the ECtHR on what counts as effective remedy in national law could be turned into an effective conditionality instrument. Constitutionally consequential damages litigation can play an additional role as illiberal regimes seem to show more responsiveness to financial incentives than other forms of external pressure.