Enforcing WTO/GATS law and fundamental rights in EU infringement proceedings: An analysis of the ECJ’s ruling in Case C-66/18 Central European University

Abstract

This article analyses the ECJ’s ruling in Case C-66/18 (Central European University), in which the Court found that two amendments to Hungary’s Law on Higher Education violate EU law and the WTO GATS Agreement. The ruling is remarkable in legal and political terms: it touches upon a series of fundamental issues, such as the EU’s efforts to protect European values, democracy and the rule of law in its Member States, infringement proceedings against Member States for their failure to comply with international agreements, the applicability of the Fundamental Rights Charter in EU external relations, the tension between the ECJ and the WTO dispute settlement system, national measures enacted to ward off ‘undesirable’ investments and other cross-cutting questions of EU law.

Role Models of Politics Disguised in Technique

“…25 DOI: 10.46282/blr.2021.5.2.261 Vesperini, 2021;Vranes, 2021), 8 it remains that, on one side, such findings are not always decisive -as the assessment of the Treaty on the Functioning of the European Union 9 infringements would stand even without the GATS infringements; on the other side, that they constitute the judicial reflection of a very special Hungarian feature in that case, with no apparent risk of extension to other back-sliding States.…”