The European Group of Public Law (EGPL), one of the founding pillars of the European Public Law Organization (EPLO), brings together distinguished jurists, academics, judges, diplomats, public officials and policymakers from across the world to advance dialogue on public law, democracy, governance and the rule of law.
Each year, its Annual Reunion provides a unique forum for the exchange of ideas on the most pressing legal, political and institutional challenges facing the international community.
Following the conclusion of the 2026 Annual Reunion of the European Group of Public Law, EPLO is pleased to launch the European Group of Public Law Series, a collection of articles based on a selection of the speeches and lectures delivered during this year's gathering. The series aims to make these reflections available to a wider audience and to contribute to ongoing discussions on global governance, international law, democracy and the future of public institutions.
We continue the series with the speech delivered by Professor Bertrand Mathieu, Professor Emeritus at the University of Paris 1 Panthéon-Sorbonne and former Member of the French Council of State. Presented during the 2026 Annual Reunion, the lecture, "Government by Judges or the Rule of Law? A Challenge for Democracy," examines the evolving relationship between democracy, the rule of law and judicial power.
The article explores the long-standing debate surrounding the growing influence of judges within democratic systems, arguing that while courts play an indispensable role in safeguarding individual rights, legal certainty and constitutional order, they are increasingly called upon to define the very substance of the principles they protect. Professor Mathieu analyses the rule of law as both a safeguard of liberty and a source of judicial authority, examining the expanding role of national and supranational courts, the rise of judicial activism, and the challenges associated with restoring the rule of law in democratic systems where judicial independence has been called into question.
Concluding that contemporary democracies face a delicate balancing act between democratic legitimacy and judicial oversight, the article invites renewed reflection on the proper relationship between political authority, popular sovereignty and the judiciary in liberal democratic societies.
The full text of Professor Mathieu's lecture is available in French below.
