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 >>
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18 September 2025
The ECJ’s Opportunity to Address the EU’s Climate Mitigation Obligations
The pending EU-Mercosur Trade Agreement raises fundamental questions regarding the Union’s climate mitigation obligations under both EU and international law. Members of the European Parliament are considering a request for an opinion from the European Court of Justice (ECJ) on the agreement’s compatibility with EU law. Such a review is warranted, as the agreement appears incompatible with the EU’s mitigation duties. Continue reading >>
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