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This blogpost aims to analyze the ECJ's Commission v Malta judgment and its implications for EU governance.

February 25, 2026Open Access

Citizenship, Values, and the Rule of Law: The Aftermath of the Commission v Malta Judgment and Article 2 TEU

Key Points

This blogpost aims to analyze the ECJ's Commission v Malta judgment and its implications for EU governance.
Dissection of the ECJ’s judgment
Analysis of Article 2 TEU and Article 20 TFEU
Evaluation of Declaration No 2
Highlights the potential for unlimited value-based judicial intervention
Discusses risks to the balance of competence between EU and Member States
Argues for a recalibration of judicial authority following the judgment

Abstract

This blogpost dissects the ECJ’s Commission v Malta judgment, arguing that its expansive use of Article 2 TEU, overriding Article 20 TFEU and Declaration No 2, risks enabling unlimited value-based judicial intervention and recalibrating EU-Member State competence balance.

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