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A Constitutional Court without a Constitutional Compass
The Court of Justice of the European Union is facing renewed scrutiny after expanding the reach of Article 2 TEU in Commission v Hungary. In a critical analysis published on Verfassungsblog, Martijn van den Brink argues that the judgment is indicative of the suffocating grip of “EU constitutional orthodoxy” on the Court’s reasoning.
- Author
- Martijn van den Brink
- Date
- 29 April 2026
- Links
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Because the Court does not see that constitutional law is also political, its acts as a constitutional court without a constitutional compass. As a result, it made not only an unnecessary move in Commission v Hungary, but also a controversial one unsupported by adequate motivation.
Photo: Scott Graham via Unsplash