This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for a more transparent, accountable and pluralistic process for enacting laws across Europe.

In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe. Drawing on examples from a large number of European jurisdictions, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance.

Contributors examine how courts, parliamentary organs, and regional monitoring bodies like the Venice Commission, the European Commission and ODIHR respond to these challenges, offering insights into their capacity to uphold constitutional standards.

Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance.

This volume will be accompanied by a companion volume offering a global perspective on the procedural review of parliamentary lawmaking. By shedding light on the mechanisms of procedural review, these books make a compelling case for the better enforcement of the requirements of the lawmaking process in democratic societies.

Viktor Kazai is a Lawyer specialising in comparative constitutional law from Central European University, Austria.
Tímea Drinóczi is Senior Researcher at Mykolas Romeris University, Lithuania, a Research Affiliate at the Federal University of Minas Gerais, Brazil, and the CEU Democracy Institute, Hungary.