OBSERVATORY OF LAW AND PLURALISM

The CJEU has found that Hungary has committed an independent breach of Article 2 TEU, characterising pluralism not as a guiding principle but as a criterion of legality subject to judicial review. National legislation that is structurally discriminatory towards minorities, even if formally justified by the aim of protecting children, undermines the Union’s pluralist identity, thereby opening the way for judicial review of illiberal abuses by Member States.

Free Movement, gender transition, and the recording of data in civil status registers

The State is under the obligation to take appropriate general measures to address the systemic problem of informal hierarchy in prisons, protecting incarcerated individuals against forced or compulsory labour.

A violation of Article 8 ECHR arises from the inadequate balancing carried out by the national courts between freedom of expression and the protection of the applicant’s reputation, in relation to certain statements deemed damaging and classified as mere value judgments, without, however, verifying whether they had a sufficient factual basis.