Commissioner Michael McGrath has signalled that the European Commission will integrate Article 2 of the Treaty on European Union as a self-standing legal basis in infringement proceedings, following a landmark Court of Justice judgment. The move could strengthen the Commission's hand in enforcing EU values against member states, but raises questions about the balance between EU oversight and national sovereignty.
McGrath was responding to a written question from MEP Marieke Ehlers (PfE) on 1 July 2026. The question followed the CJEU's judgment in Case C-769/22, where the court for the first time found a separate infringement of Article 2 TEU, which lists the EU's founding values. The Commission, as guardian of the Treaties, will now use all tools at its disposal to uphold those values in line with the case law, McGrath said.
The answer contained no concrete proposals, numerical targets, or deadlines. It offered only a general commitment to use infringement procedures under Article 258 TFEU and the political mechanism under Article 7 TEU as separate tracks, with no direct influence of one over the other. McGrath did not indicate whether the Commission would prioritise Article 258 proceedings over Article 7 procedures, nor did he address how judgments based on Article 2 could support Article 7 proceedings.
The Commission is expanding its legal toolkit to enforce EU values through judicial means, complementing the political Article 7 process. This could increase pressure on member states perceived to be backsliding on rule-of-law standards, but also risks accusations of overreach. The answer avoided specifics on how the principle of conferral and member states' constitutional identities would be respected, leaving room for future legal and political debate.
No immediate next steps were announced. The Commission is expected to apply the new legal avenue in future infringement cases, with the first test likely to come in pending or new proceedings. The European Parliament and Council may weigh in as cases develop, potentially leading to further clarification of the scope of Article 2 TEU as a stand-alone ground.