What Role for EU Law in the Protection of Our Elections? The Case of Political Advertising
(2026) 2026 ICON•S ANNUAL CONFERENCE — Location: Dublin (29.June.2026)
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- Abstract
- Over the past decade, European democracies have faced a multifaceted crisis threatening the proper functioning of national democratic systems. This crisis stems from a combination of factors, including the rise of illiberalism, increasing foreign interference, and the growing influence of digital technologies on political processes. Free and fair elections lie at the core of democratic governance, even if democracy cannot be reduced to electoral mechanisms alone. Traditionally, the organisation of elections has fallen within the competence of the Member States and has been governed primarily by national law. In response to the mounting threats affecting democratic processes, the European Union has recently developed a broader strategy aimed at strengthening democratic resilience, notably through what has been termed the “European Democracy Shield”. Within this framework, the EU has adopted Regulation 2024/900 on the transparency and targeting of political advertising. Using this Regulation as a case study, this paper offers a broader reflection on the role and limits of EU law in the protection of national electoral processes, an area traditionally regarded as lying at the heart of state sovereignty. It examines how EU intervention in the regulation of political advertising reshapes the balance between national autonomy and supranational oversight, while seeking to safeguard democratic integrity. Methodologically, the paper adopts a complementary approach combining EU law with constitutional law and general constitutional theory, in order to assess whether and to what extent EU legal instruments can contribute to the protection of democratic processes without undermining the constitutional identities of the Member States.
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El Berhoumi, M., & Rizcallah, C. (2026). What Role for EU Law in the Protection of Our Elections? The Case of Political Advertising. 2026 ICON•S ANNUAL CONFERENCE, Dublin. https://hdl.handle.net/2078.5/278016