1/ Some thoughts on tomorrow's big CJEU hearing - the challenge by the EU Commission to Hungary's law on LGBT content. First of all, here's a link to the Commission's arguments - eur-lex.europa.eu/LexUriServ/L... (Hungary will be making counter-arguments, of course) - ThreadSky

stevepeers.bsky.social • 101 days ago

1/ Some thoughts on tomorrow's big CJEU hearing - the challenge by the EU Commission to Hungary's law on LGBT content.

First of all, here's a link to the Commission's arguments - https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62022CN0769:EN:HTML

(Hungary will be making counter-arguments, of course)

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brexitbin.bsky.social•100 days ago

Great thread. Thanks for posting. 👍

stevepeers.bsky.social•101 days ago

2/ As you can see the Commission is making three main arguments:
a) breach of EU legislation and Treaty rules on various services, plus the EU Charter of Fundamental Rights
b) breach of Art 2 TEU, ie the definition of EU values (rule of law and more)
c) breach of GDPR re release of 'offender' data

stevepeers.bsky.social•101 days ago

3) We can only guess Hungary's counter-arguments, presumably
a) such restrictions don't really affect services; in the alternative, the restrictions are justified on public policy grounds (esp child protection)
b) EU values aren't justiciable, or in the alternative, not infringed
c) no breach GDPR

stevepeers.bsky.social•101 days ago

4) Some points about context
a) the hearing is going to the EU Full Court, which only meets maybe once a year to deal with the exceptionally important cases (eg validity of euro bailout; withdrawal of Brexit notification; EU trade powers; power to punish MS for breach of EU rule of law via budget)

stevepeers.bsky.social•101 days ago

5) b) reportedly sixteen Member States have intervened to support the Commission - it's unusual for *any* Member State to intervene for or against another Member State in infringement proceedings, so sixteen interventions is quite extraordinary

stevepeers.bsky.social•101 days ago

6 c) the issue of whether there is a breach of EU values set out in Art 2 may seem less concrete than the substantive points about services and the GDPR, but have broad significance.

stevepeers.bsky.social•101 days ago

7) Why? If cases can be brought re EU values generally, then Member States could be challenged on policies that aren't linked to EU law as such, ie for alleged breach of the rule of law, human rights, or the other EU values. This importance of this point may be why the Full Court is sitting here.

wingloss.bsky.social•100 days ago

Excellent, glad to hear.

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