20 May 2026
To Identity and Beyond?
Commission v Hungary proved, unsurprisingly, yet another bold leap forward in the Court’s value jurisprudence. Central to the reasoning of the Court has been the notion that Article 2 forms part of “the very identity of the Union as a common legal order”, which popped up five times in the 44 short paragraphs of the Court’s reasoning on Article 2. While much attention has already been paid to the judgment, the role of the Court’s “identity rationale” in the judgment merits a separate examination. Continue reading >>
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30 April 2026
The Red Lines of European Society
The Court of Justice ruled on 21 April 2026 that the Hungarian law portraying non-heterosexual and non-cisgender persons as dangerous violates the values enshrined in Article 2 TEU. The decision is historic. We focus on what we see as its two central innovations. First, after years of academic controversy, there is now clarity: Article 2 TEU itself is a justiciable provision that sets enforceable red lines as a separate ground in infringement proceedings. And second, the Court advances a collective singular to which it attributes the EU legal order: European society. Continue reading >>
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24 April 2026
A Constitutional Court without a Constitutional Compass
The ruling in the case of the Commission v. Hungary was eagerly awaited by many, but it will have come as a surprise to few. Public statements by prominent members of the EU Court of Justice indicated a clear desire to extend the applicability of Article 2 TEU. The Court’s findings regarding the Commission’s pleas concerning infringements of the various acts of secondary law are well-motivated, but its reasoning on Article 2 TEU clearly demonstrates the suffocating grip of EU constitutional orthodoxy. Continue reading >>
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