EUdSSR Coup: ECJ disempowers 27 member states

On April 21, the European Court of Justice condemned Hungary for refusing to subject children to readings in drag – and in doing so, rendered the veto power of all 27 member states meaningless. For the first time in the history of the EU , Article 2 TEU, previously a pious preamble of values ​​to be skimmed over, has been transformed into a powerful weapon against national legislation. What is being sold as an LGBTQ+ affair is in reality a legal coup d'état. Neat, slow, and conducted in a fine Brussels suit.

Jean-Claude Juncker once openly described the process: Decide on something, wait to see if people protest. If not, continue until there's no turning back. This is precisely the script being played out. Nobody is protesting. While the evening news reports on Christopher Street Day parades, in Luxembourg every German, Italian, Polish, and Hungarian regulation is being subjected to legal scrutiny. The method itself isn't new. What's new is the audacity with which even established law professors are now being thrown off balance.

Rubber keys as a universal key
Hungary's 2021 child protection law prohibits minors from accessing LGBTQ+ media content. One can agree or disagree with this. It's a political issue that belongs in a national parliament. And that's precisely where it was decided, by majority vote, supported by approximately three million people. Hungarian voters The European Court of Justice (ECJ) has now declared this law not only incompatible with EU law – a fact it could have determined without legal acrobatics – but also a violation of the Union's "values" under Article 2 TEU. These values ​​are: human dignity, freedom, democracy, equality, the rule of law, and human rights. Wonderfully devoid of content. Highly flexible. Usable against anyone at any time. Augsburg law professor Franz Josef Lindner speaks of an "EU revolution from above." In other words: The Commission can now overturn any German law, any Italian education reform, any Hungarian constitutional amendment by arguing that it violates one of these vague concepts. Social law, labor law, education law, even constitutional law are officially up for debate. Lindner elaborates: The ECJ interprets these value concepts "within its own, sole, and, above all, final and unreviewable jurisdiction." There is no appeals process. His conclusion: A "quantum leap towards a European judicial state." Fact, not speculation.

Values ​​with built-in double standards
It's worthwhile to briefly contrast the Brussels liturgy of values ​​with reality. While the European Court of Justice, with tears of emotion, preaches "human dignity" and "respect for human rights," the same EUdSSR imposes sanctions. Journalists such as Hüseyin Doğru and Jacques Baud to the brink of economic ruin – because of differing opinions on the Ukraine war. While “pluralism” is proclaimed as a guiding principle, RT, Sputnik, and a growing array of critical voices disappear from the digital landscape. While “democracy” is invoked as the highest value, the Commission leadership has never been confirmed by a voter. Ursula von der Leyen's Pfizer deal text message They have vanished without a trace to this day. Anyone who remembers how Hungarian voters were blackmailed with frozen EU funds before the parliamentary elections knows the spirit in which these "values" are cultivated. Anyone who still speaks of values ​​in this context isn't referring to substance. They're referring to leverage.

Self-empowerment in the courtroom
Monika Polzin, a professor of law in Vienna, calls what happened in Luxembourg by its name: the "self-empowerment" of the European Court of Justice (ECJ) and the establishment of a "supranational juristocracy at the expense of the democratic process in the member states." Polzin speaks of a "fundamental increase in power" that remains "intangible" and, according to the jurisprudence of the German Federal Constitutional Court, would be classified as a "clear and structurally significant breach of competence." Martin Höppner, a political scientist at the Max Planck Institute in Cologne, sees a "deep grammar" in which the power relations between Brussels and the national capitals are being thoroughly redefined. Höppner suspects that the ruling of April 21 is merely a "transitional step." The end result: comprehensive value-based oversight by the EUdSSR over every member state institution, every law, every practice. In plain terms: Brussels decides, Berlin and Budapest get to ratify. The Heidelberg legal scholar Luke Dimitrios Spieker put it even more directly: Member states must not "cross certain red lines" when shaping their constitutions and laws. These lines are not defined by the German Basic Law, nor by the Hungarian Parliament, nor by the Italian Senate. The definition is made in Luxembourg. Period. The political scientist Andreas Wehr already formulated in 2017 what has since been empirically proven: The EU is "a democracy-free architecture of domination." Originating as a simple customs union, it has mutated into a construct that presumes to regulate ever more areas of life. Today, it regulates the legal framework within which Hungarian parents decide what their eight-year-old children read in their schoolbooks.

No uprising in sight
This is precisely where the Juncker circle closes. The method only works as long as no one actually stands up. And no one does. The German federal government remains silent because it welcomes the approach – Berlin was one of the 16 member states that joined the lawsuit against Budapest. The leading German media outlets celebrate the ruling as a victory over "Orbán's anti-LGBTQI law" and forget the legal time bomb that detonated beneath the Bundestag with this verdict. The question of what the ruling actually means for German sovereignty is not being asked outside of legal journals. Höppner attests to the process receiving a "dangerous level of public attention from a democratic perspective" – namely, zero. Understandable, because of the complexity. Devastating, because of the consequences. The message to Berlin, Rome, Warsaw, and Vienna is: National law is now revocable. Similarly, a Coup under the guise of child protection Successful. Quietly, disguised as legal maneuvering, with applause from the local population.

Juncker's script works perfectly because no one is shouting, so they proceed step by step until there's no turning back! The Basic Law becomes a bargaining chip, national sovereignty a footnote – and Brussels calls this "European values"! Anyone who still talks about democracy in this situation has either lost their mind – or is on the payroll of the perpetrators!

Sources

• Transition News – Creeping coup disempowers EU member states
• Apolut – EU: Coup without resistance (Tilo Grasses)
• Constitutional Blog – Mandated Values: Article 2 TEU after the Hungary ruling
• Max Planck Society – EU Value Protection: A Clear Message to Member States
• Legal Tribune Online – ECJ landmark ruling C-769/22
• Curia Europa – Opinion of Advocate General Ćapeta
• Hungary Today – Orbán: Hungary will not implement ECJ ruling