26 June 2026
European Society Between Facts and Norms
Article 2 TEU values, such as pluralism, oscillate between descriptive claims, legal normativity, and appeals to European society as a source of authority. From a Habermasian perspective, the democratic legitimacy of EU values enforcement remains difficult to justify in the absence of a robust pan-European deliberative process through which those values can be articulated and contested. At the same time, Commission v Hungary constitutes a legitimate restorative intervention in a dysfunctional democratic process distorted by the stigmatisation of LGBTQ+ persons. Continue reading >>
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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 >>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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