What We Have, We Do Not Keep; Having Lost It, We Weep: On the Role of the EU in the Decline of International Law
Having encountered insufficient resistance, the Court of Justice predictably moved from undermining the foundations of the international legal order to what Carl Schmitt described as the subordination of law to abstract value-based imperatives. A vivid example is the recent 2025 judgment in Commission v Malta. The Court applied Article 2 of the Treaty on European Union to restrict national competence in matters of citizenship, disregarding Declaration No. 2 annexed to…

