25 June 2026
In Search of Reflective Equilibrium
In her academic writings, Advocate General Tamara Ćapeta has observed that many EU rights have been developing on a case-by-case basis, but so far without “a general and comprehensive explanation that they form part of a liberal and tolerant democratic society”. Drawing on this observation, and against the backdrop of the Court’s ruling in the Hungarian case, I will argue in this contribution that “pluralistic European society” is not only a sociological concept but also plays an important normative role as an organising regulative concept in EU constitutional-legal interpretation. Continue reading >>
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22 June 2026
European Society After Commission v Hungary
Since the CJEU published its monumental decision Commission v Hungary on April 21, scholars have already produced an impressive number of analyses. This symposium on ‘European Society after Commission v Hungary’ aims to add to this debate by focusing on the deeper, structural, and so far overlooked implications of this decision for the concept of European society. In this introductory post, we adopt a genealogical approach to the emergence of the research interest in European society and elaborate on its implications and challenges. Continue reading >>
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03 June 2026
Normalising Lawlessness via Membership
The European Law Institute has recently welcomed Poland’s (compromised) Supreme Court and Supreme Administrative Court as its latest institutional members. Beyond this professional network, two judicial networks known as the Conference of European Constitutional Courts (CECC) and the Network of the Presidents of the Supreme Judicial Courts of the EU (NPSJC) have similarly failed – through inaction – to take account of CJEU and ECtHR rulings as regards their Polish members. This post will look at the negative spillover effects created by these networks’ membership (in)action. Continue reading >>02 April 2026
Poland’s “Illegal Judges”
For the first time, the CJEU has called for a “legislative framework” to remedy the systemic problem of irregularly appointed judges in Poland’s judicial system in its judgment of 24 March 2026 in Case C-521/21. Until such time, the CJEU has ruled that neo-judges attached to ordinary courts may only be recused on a case-by-case basis. However, such an individual assessment is not required for the neo-judges appointed to courts of last resort. The CJEU’s twofold approach prioritises system stability over the individual right to effective judicial protection. Continue reading >>31 March 2026
Selectivity of Religious Ethos on Trial
On 17 March 2026, the CJEU decided in C‐258/24 (Katholische Schwangerschaftsberatung) that a Catholic association cannot dismiss an employee on the ground that she has left the Catholic Church while simultaneously employing non-Catholics for the same assignment. The judgment provides a contextualised concept of loyalty, differentiating between the loyalty to the Church and the loyalty to the religious employer. This nuanced approach towards a tiered system of duties of loyalty may foster convergence between national and European case law. Continue reading >>
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23 March 2026
Fourteen Years for a Mere Designation
On 5 March 2026, in its C-613/24 judgment, the CJEU fined Portugal for €10 million for its failure to comply with a 2019 judgment (C-290/18) on the Habitats Directive. In addition, the Court imposed a daily penalty payment of €41,250 until the judgment is fully complied with. This ruling is in many ways arguably a straightforward enforcement case. However, it demonstrates that enforcement action even for basic implementation simply takes too long. In addition, it highlights the need for follow-up action under Article 260 of the TFEU to ensure that judgments are actually implemented. Continue reading >>
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13 March 2026
Sexual Citizenship via Free Movement
Yesterday, in the judgment of Shipov, the Court of Justice decided how EU citizenship can shape the recognition of gender identity within the Member States. Yet not through anti-discrimination law, but through the constitutional logic of free movement. The Court of Justice held that EU law precludes national legislation preventing a Union citizen from changing gender-related data in civil-status records in relation to the exercise of free movement. The Court thereby further expands the role of Union citizenship as a vehicle for protecting personal identity and dignity. Continue reading >>
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06 March 2026
From Directness to Foreseeability
On 18.12.2025, the CJEU issued its judgment on the appeal against the General Court’s Order in W.S. and Others v Frontex. The judgment is uniquely important as the CJEU deviated from the academics’ view that the causal inquiry shall be conducted in two steps and used instead the causal test of directness. Given that adjudicating fora is increasingly relying on the test of foreseeability, the CJEU should implement this method where Frontex and the EU Member States are involved in refoulement-related damage. Continue reading >>
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05 March 2026
Parliamentary Immunity as a Privilege
On 5 February 2026, the Court of Justice delivered its judgment in Case C-572/23 P, annulling the European Parliament’s decisions of 9 March 2021 waiving the parliamentary immunity of Carles Puigdemont, Antoni Comín and Clara Ponsatí. In particular, the CJEU requires the rapporteur of the committee responsible for the reasoned proposal to be insulated from even indirect political links with the party that instigated the underlying criminal proceedings. This reinforces the perception of immunity as a personal privilege rather than a functional safeguard. Continue reading >>
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11 February 2026