Historic ruling today. The CJEU has struck down Hungary’s anti-LGBTQ+ law, and invoked Article 2 of the EU Treaty, our founding values, as an enforceable legal standard. This is what we fought for.
#CJEU #Article2TEU #EUValues #HumanRights #LGBTIQ
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https://nitter.net/helenadalli/status/2046603052191207603#m
A very good overview of the decision of the Commission to act against Poland on the basis of Articles 2 and 10 TEU. Would the Court make similar reasoning as with the interconnection between Article 2 and 19(1) TEU or would this be too far? One obvious problem is the definition of 'democratic accountability'. A very good read
#Poland #TuskLaw #Democracy #Article2TEU #DemocraticAccountability #CJEU
A very informative article, which in a way sheds light on the elephant in the room: the growing tension between Art. 2 TEU & Art. 4(2) TEU. While Art. 2 TEU mentions, albeit without clear definitions, the EU values, the national identities, i.e. pluralism, are not elaborated in any way similar to Art.2. You can't have an omelette (Art. 2) without breaking the eggs (Art. 4(2)) unless it is clearly defined what pluralism includes/excludes
#Article2TEU #pluralism
https://verfassungsblog.de/a-new-chapter-in-the-european-rule-of-law-saga/
‘[B]y adopting the legislation cited in the first paragraph, Hungary has infringed Article 2 TEU‘. At first glance, this plea seems almost unspectacular. Yet, when one takes a closer look, this very plea demonstrates the European Commission’s attempt to write nothing less than a new chapter in the saga of the European rule of law crisis. The Commission’s action concerns the controversial Hungarian law of the Fidesz government, which restricts information about transsexuality and homosexuality. This blog post aims to provide an overview over the recent development and the academic debate regarding the justiciability of Art. 2 TEU in this context. I argue that although the mobilisation of Art. 2 TEU as a stand-alone provision might open new doors to tackle the democratic backsliding in some Member States, this approach has to be handled with great care.
Helena Dalli
Adelina Marini