In a landmark judgment against Hungary, the Court of Justice of the European Union (CJEU) found what the article describes as a standalone breach of the EU’s fundamental values under Article 2 of the Treaty on European Union.
The article’s quoted legal adviser explains that this matters because the court held the Article 2 values are binding on member states in and of themselves, not only during accession or at a limited “threshold” moment. It also says the court assessed Hungary’s measures against these values as an autonomous legal yardstick, rejecting ideas the adviser characterises as anti-pluralist.
The adviser argues the ruling strengthens the European Commission’s role as an “institutional guardian” of pluralism. In particular, it notes that the judgment clarifies that the Commission can bring infringement proceedings connected to Article 2, rather than relying mainly on the slower and more political Article 7 track.
On implications for minorities, the article says only “particularly serious and manifest” breaches can be pursued under this framework, but that future case law is expected to refine where the standard sits. It also highlights a practical point: while the Commission retains discretion over whether to act, civil society can submit complaints that apply political pressure—even if there is no enforceable right to compel the Commission to initiate proceedings.
Overall, the piece concludes that the court’s decision could generate “fertile ground” for developments in European law over time, characterising it as a milestone that will matter beyond the immediate case.
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