OBSERVATORY OF LAW AND PLURALISM

The mechanism for the closure of places of worship on grounds of incitement to hatred, provided for in paragraph I of Article 36-3 of the Law of 9 December 1905, as amended by Law No. 2021-1109 of 24 August 2021, is consistent with the French Constitution, through the adoption of a broad interpretation of the repressive provision.

The legitimacy and proportionality of the administrative sanction imposed for publishing a viral TikTok video containing crude and sexually explicit insults directed at public officials derive from the absence of satiric or rhetorical purposes, thereby constituting a form of wanton verbal aggression that exceeds the limits of political criticism.

The CJEU has found that Hungary has committed an independent breach of Article 2 TEU, characterising pluralism not as a guiding principle but as a criterion of legality subject to judicial review. National legislation that is structurally discriminatory towards minorities, even if formally justified by the aim of protecting children, undermines the Union’s pluralist identity, thereby opening the way for judicial review of illiberal abuses by Member States.

Free Movement, gender transition, and the recording of data in civil status registers