22 January 2026
Between Scylla and Charybdis
Can a national constitution guaranteeing public higher education allow private foreign universities? The Greek Council of State said yes, opening the way for the coexistence between public and private educational institutions. Even though the Council inappropriately resorted to an EU-conforming interpretation against the Constitution's wording and refused to request a preliminary ruling from the EU Court of Justice, its judgment is a prime example of “multilevel constitutionalism”. Continue reading >>
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01 December 2025
The Trojan Horse of Free Movement Law
On 25 November 2025, the EU Court of Justice confirmed in “Trojan” that Member States are obliged to recognise the marriage between two same-sex EU citizens lawfully concluded in another Member State in the exercise of their freedom of movement, even if their national legislation does not allow such marriage. While this outcome was largely foreseeable, the CJEU’s reliance on Article 21(1) of the EU Charter of Fundamental Rights on the prohibition of discrimination on grounds of sexual orientation is striking, introducing a new, potentially transformative approach to equality in EU law. Continue reading >>11 June 2025
Somewhere Over The Rainbow
On 5 June 2025, Advocate General Ćapeta issued her Opinion in Commission v. Hungary, a landmark ECJ case on Hungary’s “anti-LGBTIQ” law. While the law is overtly discriminatory, the Commission framed its case around internal market rules, Charter rights, and Article 2 TEU values. While this might seem curious, I argue this reflects a strategic “camouflaging” of non-discrimination claims to better protect LGBTIQ rights within the limits of current EU anti-discrimination and equality law. Continue reading >>
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