Articles for category: EU FOCUS

To Uniformity and Beyond

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After the Hungarian judiciary had already faced controversy over the preliminary reference procedure under Article 267 TFEU in the question phase, a new tension has emerged. The supreme judicial body in Hungary now seeks to intervene in the answer phase of the procedure – aiming to shape the referring court’s interpretation and application of the CJEU’s ruling. These dynamics foreshadow an institutional conflict over how the Hungarian judiciary internalizes and operationalizes the jurisprudence of the CJEU. At stake is the fulfillment of the principle of sincere cooperation enshrined in Article 4(3) TEU.

10. September 2025

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Game, Set, Review

The long-standing tension between private sports arbitration and the EU’s system of fundamental rights came to a head on 1 August 2025, when the Court of Justice of the European Union delivered its judgment in RFC Seraing v. FIFA. The case addresses whether arbitral awards rendered by the Court of Arbitration for Sport can be insulated from review by EU national courts when EU law is at stake. The judgment represents a restrained but meaningful intervention by the CJEU into the autonomy of sports arbitration, seeking to balance the authority of CAS with the imperative of protective fundamentals rights under EU law.

7. August 2025

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“We Were Just Cooperating!”

On June 12th 2025, Advocate General (AG) Ćapeta delivered her Opinion in Case WS v Frontex (C-746/23 P), concerning Frontex’ responsibility for violations of fundamental rights in joint return operations (JROs). The AG first exposes serious logical and legal flaws in the General Court’s approach before explaining why Frontex can be held directly accountable for fundamental rights violations when acting in cooperation with Member States; a question that was central to the applicants’ case but one that the General Court failed to address entirely.

30. Juli 2025

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Vet Bills and the EU Charter

Over the past decade, concerns about rising veterinary costs and their impact on animal welfare have sparked growing debate across Europe and North America. In the EU, veterinary pricing is largely unregulated, leading to significant variation in costs and transparency across Member States – prompting scrutiny from competition authorities in countries like the UK, the Netherlands, and Sweden. If Charter rights, particularly Article 37 on sustainability, are to carry real weight in relation to animals, the current state of the veterinary market in Europe warrants closer examination.

11. Juli 2025

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A Legal Scalpel Instead of an Axe

Hungary appears to be assuming the role of a Trojan horse in the European Union, advancing the interests of foreign powers. Of particular concern is Hungary’s conduct in the field of the Common Foreign and Security Policy, especially in light of its obstruction of EU sanctions against Russia. Thus far, the EU’s conventional instruments have proven insufficient in curbing Hungary’s veto strategy. For this reason, I propose a path that is both legally feasible and politically realistic: a reinterpretation of Article 7 TEU that would allow for a targeted use of the instrument.

9. Juli 2025

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An Ecofeminist Approach to EU Biodiversity Law

This blog post aims at briefly addressing the issue of hunting as it is regulated in EU biodiversity law using legal ecofeminism as method of analysis. It starts from a reflection on ecofeminism as related to hunting, then argues that EU law, including the EU Charter is inherently anthropocentric, and highlights the ambiguities of EU biodiversity law. By referring to a judgment rendered by the Court of Justice of the EU (CJEU) on the conservation of wolves in 2019, this post encourages an ecofeminist legal reading of EU biodiversity law. E

7. Juli 2025

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The “Best Available Science”

Two recent fisheries disputes reveal that the “best available science” standard is neither singular nor straightforward. Instead, science emerges as contested terrain, shaped by power, uncertainty, and competing truths. These cases could have important implications for the future application of the EU’s Charter of Fundamental Rights and its growing relevance for biodiversity and animal protection.

4. Juli 2025

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Constitutional Awakening of Values

On 5 June 2025, AG Ćapeta delivered her opinion in case C-769/22, raising a pivotal question for the EU’s constitutional future: Can Article 2 TEU serve as a standalone provision in infringement proceedings? While the issue has sparked debate – including on this blog – this post defends the Opinion as a constitutionally coherent and necessary step to safeguard the Union’s foundational values. It argues that AG Ćapeta’s approach is firmly rooted in existing case law and offers a compelling legal framework to address democratic backsliding. The post focuses on her use of the “good society” concept and the proposed “negation of values” test, examining their normative grounding and practical significance within EU law.

3. Juli 2025

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Rights for Non-Humans in EU Law

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The recognition of animals and nature as potential rights holders has long been a controversial proposition within European legal discourse. However, we believe that the EU legal order is more hospitable to such recognition than one might expect. In a recent article, we argued for a rights-based reinterpretation of EU animal welfare and environmental protection laws. EU constitutional and secondary laws can be construed as entailing legal rights for non-human entities – even if these rights are not explicit the texts. We consider how the EU Charter of Fundamental Rights and other EU legal acts may support a post-anthropocentric vision of Union law.

3. Juli 2025

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Animals and the EU Charter

The EU Charter of Fundamental Rights remains silent on animal rights, even as a growing number of constitutions worldwide now explicitly protect animals. While the EU already recognises animals as sentient beings under Article 13 TFEU, this recognition has yet to translate into meaningful constitutional safeguards. Embedding animal welfare into the Charter would align the Union with global developments and help move its integration project beyond an overly anthropocentric model.

2. Juli 2025

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