Since the seminal 2018 Portuguese Judges case, it has been established that violations of values enshrined in Article 2 of the Treaty on European Union (TEU) can be litigated before the Court of Justice of the European Union (CJEU). Currently, proceedings are ongoing in the European Commission’s infringement action against Hungary, the argument being that its anti-LGBTQI+ laws breach provisions of the internal market, several Charter rights, and, importantly, the common values enshrined in Article 2 TEU. The case, known as Valeurs de l’Union, has been hailed as the “largest human rights battle in EU history.”

In this RevDem Rule of Law podcast episode, our co-managing editor, Dr. Oliver Garner, discusses the enforcement of the Union’s values at the Member State level as well as at the Union’s institutional level with Dr. Luke Dimitrios Spieker.Dr. Spieker is Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law and Postdoctoral Researcher at Humboldt University in Berlin. In his monograph, EU Values before the Court of Justice, published by Oxford University Press, he analyzes the foundations, potential, and risks of the mobilization of Article 2 TEU.