When an unelected court imposes on a state what its constitution explicitly prohibits, it is no longer an interpretation of the law but a confiscation of political power. The latest CJEU decision crosses a red line: under the guise of freedom of movement, it transforms European judges into ideological legislators, relegating the sovereignty of peoples and national Constitutions to the status of obstacles to be circumvented.
There are precedent-setting rulings.
And others that are taking Europe out of the law.
The latest Court of Justice of the European Union is a perfect illustration of this: in the name of «freedom of movement», the Court of Luxembourg requires a State to recognise a person as a "national of another State". wedding a union it has never recognised, never voted for, never enshrined in its Constitution.
Poland has been asked to consider as married two nationals who were united in Germany, even though its Constitution explicitly defines marriage as the union of a man and a woman.
The CJEU claims to respect national competences... while in fact annulling them.
It is a legal dispossession disguised as a technical interpretation.
A well-oiled machine: bypassing peoples, neutralising Constitutions
This judgement is no accident. It is part of a coherent strategy:
- use economic freedom and freedom of movement to impose social choices; ;
- transform exclusive national competences (family, filiation, personal status) into indirect European obligations; ;
- to place the Constitutions under judicial supervision.
In other words: secondary legislation takes precedence over constitutional law, without revising the Treaties, without a referendum, without a popular mandate.
The same pattern in Strasbourg, Brussels and the European Parliament
The drift is systemic.
La European Court of Human Rights condemns Poland for protecting life, on the grounds that its Constitutional Court is ideologically unsuitable.
Le European Parliament supports initiatives to fund cross-border abortion from the European budget, bypassing national democratic choices.
La European Commission is now threatening to make access to European funds conditional on compliance with a politically redefined «rule of law» - an accepted instrument of financial blackmail.
Sovereignty becomes conditional.
Obligatory ideological conformity.
When a state resists, it is attacked
Slovakia has dared to do what any sovereign state is supposed to be able to do: enshrine in its Constitution fundamental principles on the family, filiation, child protection and human dignity.
The result: threatened legal proceedings, institutional pressure and surveillance.
This is the message being sent to the nations of Europe:
you can vote, but only the right way.
It is no longer a Union based on law. It is a power without limits.
When unelected judges :
- redefine marriage,
- invalidate Constitutions,
- impose ethical choices,
- make money conditional on ideological alignment,
then we are no longer within the law.
We are in political engineering through the courtroom.
Even players from outside the EU are beginning to name this civilisational malaise. This is no coincidence. It is a signal.
Conclusion - Resist or disappear legally
The question is no longer whether we are «progressive» or «conservative».
The question is simple:
⮕ Do people still have the right to decide their own fundamental laws?
If the answer is no, then the European Union has ceased to be a community of nations.
It has become a system of normative constraint with no democratic counterweight.
In the face of this drift, to remain silent is to consent.
Legal, political and institutional resistance is becoming a vital necessity.
Law cannot survive without sovereignty.
And Europe will not survive the negation of its peoples.
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