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Summary
Nosrati, Narin; Tomaselli, Davide: Whose Values?: Rethinking the Use of Values in EU Law Through the CJEU’s “Feminist” Asylum Cases, VerfBlog, 2025/6/16
Abstract
Value-based reasoning features prominently in CJEU case law. The most recent example is AG Ćapeta’s opinion in Commission v. Hungary. While AG Ćapeta finds an infringement of Article 2 TEU on the ground that “disrespect and marginalisation of a group [LGBTQI+ people in this case] in a society are the ‘red lines’ imposed by the values of equality, human dignity and respect for human rights” (para. 262), this commitment to equality appears in contrast to how values are mobilised in asylum law. Especially gender and sexuality-based claims are often subject to selective scrutiny driven by cultural stereotyping and value-based conditionality. This tension thus reveals a deeper ambiguity in the legal politics of values in the EU: what is treated as absolute (“red line”) within the Union turns flexible and conditional in cases concerning asylum, integration, as well as anti-discrimination.
