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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26 March 2026
Copyrighting Voice and Image
With the increasing proliferation of deepfakes, Denmark has become the first country in the EU to specifically protect one’s image and voice through a new legislative initiative. As of 31 March 2026, a new intellectual property right is expected to enter into force, modelled as a neighbouring right to copyright and specifically designed to protect a person’s voice and physical appearance. Traditionally, voice and image have been protected as personality rights. The new legislation reconceptualises them as intellectual property rights, making them potentially transferable and commercially exploitable. Continue reading >>
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23 March 2026
My Voice, My Choice
The European Citizens’ Initiative My Voice, My Choice for safe and accessible abortion, signed by over 1.2 million people, has proven remarkably successful. On 26 February 2026, the Commission announced that it will link abortion services to the European Social Fund Plus, thereby effectively enabling Member States to use EU funds to provide these services to women across the Union. While the Commission did not establish a new European right to abortion in a new law, it has effectively provided European budgetary support for abortion services for the first time. Continue reading >>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
Schlechte Aussichten für Geflüchtete
Reform oder Rückschritt? Mit dem GEAS-Anpassungsgesetz setzt Deutschland die Reform des europäischen Asylsystems um. Doch statt nur europäische Vorgaben umzusetzen, schafft das Gesetz weitreichende neue Möglichkeiten zur Beschränkung der Bewegungsfreiheit und zur Inhaftierung von Schutzsuchenden. Lediglich beim Menschenrechts-Monitoring enthält es eine spürbare Verbesserung. Continue reading >>
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06 March 2026
Patchwork Law (Love)
The ruling coalition came to power on a clear promise: to liberalize abortion law and introduce legal recognition for same-sex couples. A new bill on cohabitation agreements seeks to grant both same-sex and opposite-sex couples selected rights currently reserved for married spouses, aiming to make everyday family life easier while deliberately preserving a clear legal and symbolic distinction from marriage. The result is a piecemeal framework that risks creating second-class family relationships while leaving some key issues unresolved or overly complicated. Continue reading >>
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19 February 2026
Text Is Not Enough
Advocate General Ćapeta’s Opinion in Case C-225/24, of 12 February 2026, clarifies that, in contexts of systemic rule-of-law deterioration, compliance cannot be measured solely by legislative text, while also explaining the constraints of discretionary power in EU fund cases. Rule-of-law compliance must be assessed through effective implementation and attention to the broader constitutional environment. The Opinion articulates an evaluative logic for EU rule-of-law governance that is particularly significant in backsliding settings and foreshadows the standards required for constitutional reconstruction after illiberal rule. Continue reading >>
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18 February 2026
Has the European Parliament Shot Itself in the Foot?
After 25 years of negotiations, on 6 December 2024, the EU and four Mercosur countries – Argentina, Brazil, Paraguay, and Uruguay – reached an EU-Mercosur Agreement. The geoeconomic importance of this Agreement cannot be understated. Against this background, it came as a surprise when a narrow majority in the EP, backed by far-right and far-left parties alike, on 21 January 2026, requested an opinion on its compatibility with EU law. By contesting the legality of the Agreement, the EP risks losing a formal say over the temporal application of the “trade part” of broader mixed agreements pending ratification in the Member States. Continue reading >>11 February 2026
A Prematurely Hailed Victory
Last year, the CJEU issued a seminal ruling concerning cross-border recognition of same-sex marriages, obliging Poland to acknowledge such unions in the civil register. Given Poland’s legal architecture, marriage transcription alone will not enhance protection of same-sex couples. No rights granted to heterosexual couples by virtue of marriage will be conferred on same-sex couples following the transcription. For this to happen, recognition of same-sex marriages in the civil register must go in tandem with the adoption of a statutory regulation of same-sex unions. Continue reading >>02 February 2026