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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