Article 122 TFEU, we salute you
Good morning, New York. While you were sleeping, this was the most-read story on.ft.com/4pYowkp
December 10, 2025 at 12:40 PM
Article 122 TFEU, we salute you
Kindly disagree on this one. In my view, you could go quite far legally with an Associate Agreement based on Art. 217 TFEU.
Still requires unanimous support from member states and political will to go far, but in my view not treaty change or referenda.
Still requires unanimous support from member states and political will to go far, but in my view not treaty change or referenda.
A reminder that there is no such thing as "associate membership" of the EU, that to create one would require re-opening the EU treaties, which in turn requires referenda in several countries and probably a decade of haggling.
or it's a PR thing.
or it's a PR thing.
September 16, 2026 at 8:10 AM
Kindly disagree on this one. In my view, you could go quite far legally with an Associate Agreement based on Art. 217 TFEU.
Still requires unanimous support from member states and political will to go far, but in my view not treaty change or referenda.
Still requires unanimous support from member states and political will to go far, but in my view not treaty change or referenda.
This concerns specifically the right to move and reside freely within the territory of the MS (Article 21 TFEU), the freedom of movement of workers (Article 45 TFEU) & the freedom of establishment (Article 49 TFEU), as well as the transposition of the Citizenship Directive (2004/38/EC). /3
December 16, 2024 at 8:05 PM
This concerns specifically the right to move and reside freely within the territory of the MS (Article 21 TFEU), the freedom of movement of workers (Article 45 TFEU) & the freedom of establishment (Article 49 TFEU), as well as the transposition of the Citizenship Directive (2004/38/EC). /3
Economically, the European Union is the largest single market in the world, and they will immediately be compelled to respond to it, under Article 47.2 TFEU - which is the EU’s own mutual defence treaty and framework.
7/
7/
January 18, 2026 at 6:34 PM
Economically, the European Union is the largest single market in the world, and they will immediately be compelled to respond to it, under Article 47.2 TFEU - which is the EU’s own mutual defence treaty and framework.
7/
7/
My interest starts with looking a bit deeper into SAFE / Security Action for Europe' and its loan facility.
It is based on art. 122 TFEU, so can be adopted by qualified majority, with no (Hungarian) veto.
It is based on art. 122 TFEU, so can be adopted by qualified majority, with no (Hungarian) veto.
March 19, 2025 at 12:02 PM
My interest starts with looking a bit deeper into SAFE / Security Action for Europe' and its loan facility.
It is based on art. 122 TFEU, so can be adopted by qualified majority, with no (Hungarian) veto.
It is based on art. 122 TFEU, so can be adopted by qualified majority, with no (Hungarian) veto.
2/ National governments procure up to 75% of their national defence industries’ production. Around 80% of national procurement is a direct contract award as “security exemption” under Article 346 TFEU.
May 20, 2026 at 4:19 PM
2/ National governments procure up to 75% of their national defence industries’ production. Around 80% of national procurement is a direct contract award as “security exemption” under Article 346 TFEU.
Breaking EU rule of law protection news
Late on Thursday, the NL Parliament, by majority, instructed the NL government to initiate *Article 259 TFEU State-to-State infringement proceedings against Slovakia* over its recent constitutional change to limit LGBTIQ-rights & to deny supremacy of EU law
Late on Thursday, the NL Parliament, by majority, instructed the NL government to initiate *Article 259 TFEU State-to-State infringement proceedings against Slovakia* over its recent constitutional change to limit LGBTIQ-rights & to deny supremacy of EU law
October 18, 2025 at 3:35 PM
Breaking EU rule of law protection news
Late on Thursday, the NL Parliament, by majority, instructed the NL government to initiate *Article 259 TFEU State-to-State infringement proceedings against Slovakia* over its recent constitutional change to limit LGBTIQ-rights & to deny supremacy of EU law
Late on Thursday, the NL Parliament, by majority, instructed the NL government to initiate *Article 259 TFEU State-to-State infringement proceedings against Slovakia* over its recent constitutional change to limit LGBTIQ-rights & to deny supremacy of EU law
For EU internal governance, the interesting part here is that the EU Commission is thinking of once again reaching for Art. 122 TFEU, which allows
a) Majority decision-Making, potentially outvoting Hungary
b) Quick decision-making, without participation of the EU-Parliament
a) Majority decision-Making, potentially outvoting Hungary
b) Quick decision-making, without participation of the EU-Parliament
Good morning, New York. While you were sleeping, this was the most-read story on.ft.com/4pYowkp
December 10, 2025 at 11:47 AM
For EU internal governance, the interesting part here is that the EU Commission is thinking of once again reaching for Art. 122 TFEU, which allows
a) Majority decision-Making, potentially outvoting Hungary
b) Quick decision-making, without participation of the EU-Parliament
a) Majority decision-Making, potentially outvoting Hungary
b) Quick decision-making, without participation of the EU-Parliament
Spain should definitely initiate an infringement procedure against Italy.
Art. 259 TFEU hasn't been used much historically. But the lawless #Schengen internal controls must end at some point, and if the Commission neglects its duty as #GuardianOfTheTreaties, member states will have to jump in.
Art. 259 TFEU hasn't been used much historically. But the lawless #Schengen internal controls must end at some point, and if the Commission neglects its duty as #GuardianOfTheTreaties, member states will have to jump in.
Expect Italy to renew the border suspension with Spain for at least another week (maybe longer) in the next few hours.
It's the path of least resistance — keeps them owning "security, migration, Italy-first." No new policy idea in play, so they default to what they think is working politically.
It's the path of least resistance — keeps them owning "security, migration, Italy-first." No new policy idea in play, so they default to what they think is working politically.
August 31, 2026 at 9:18 AM
Spain should definitely initiate an infringement procedure against Italy.
Art. 259 TFEU hasn't been used much historically. But the lawless #Schengen internal controls must end at some point, and if the Commission neglects its duty as #GuardianOfTheTreaties, member states will have to jump in.
Art. 259 TFEU hasn't been used much historically. But the lawless #Schengen internal controls must end at some point, and if the Commission neglects its duty as #GuardianOfTheTreaties, member states will have to jump in.
The EU Commission has no power to suspend association agreements, even the trade parts of them - Article 218.9 TFEU makes clear that this is the power of the Council, ie Member States' ministers, on a proposal from the Commission
#Gaza #EU No further investigation needed. The @ec.europa.eu has an obligation to act without hesitation as guardian of the 🇪🇺 treaties and suspend the EU-Israël association agreement with immediate effect.
I spoke with #BBCNews this week👇
I spoke with #BBCNews this week👇
May 26, 2025 at 12:49 PM
The EU Commission has no power to suspend association agreements, even the trade parts of them - Article 218.9 TFEU makes clear that this is the power of the Council, ie Member States' ministers, on a proposal from the Commission
🚨🚨 Legally interesting proposal by @ec.europa.eu to use a trade legal basis, presumably, Art. 194 (energy) or Art. 207 TFEU (CCP) to adopt EU bans for all new Russian gas contracts in a move that seeks to circumvent any potential veto from Hungary and Slovakia. 🧵 www.ft.com/content/8b00...
EU plans ban on new Russian gas contracts using trade law
Proposal aims to circumvent any potential veto from Hungary or Slovakia
www.ft.com
June 16, 2025 at 2:48 PM
🚨🚨 Legally interesting proposal by @ec.europa.eu to use a trade legal basis, presumably, Art. 194 (energy) or Art. 207 TFEU (CCP) to adopt EU bans for all new Russian gas contracts in a move that seeks to circumvent any potential veto from Hungary and Slovakia. 🧵 www.ft.com/content/8b00...
The European Commission’s Article 102 TFEU Guidelines: A Critical Assessment
The European Commission’s Article 102 TFEU Guidelines: A Critical Assessment
On 3 September 2026, the European Commission (Commission) published its Guidelines on the application of Article 102 TFEU to exclusionary conduct...
www.jdsupra.com
September 25, 2026 at 9:34 PM
The European Commission’s Article 102 TFEU Guidelines: A Critical Assessment
Really delighted to have been part of this essential book on The European Defence Union. I wrote two chapters
➡️ SAFE / Art 122 TFEU
➡️ Art 173 TFEU
A big thank you to the Editors!
Buy and read: www.larcier-intersentia.com/en/the-europ...
➡️ SAFE / Art 122 TFEU
➡️ Art 173 TFEU
A big thank you to the Editors!
Buy and read: www.larcier-intersentia.com/en/the-europ...
April 21, 2026 at 12:48 PM
Really delighted to have been part of this essential book on The European Defence Union. I wrote two chapters
➡️ SAFE / Art 122 TFEU
➡️ Art 173 TFEU
A big thank you to the Editors!
Buy and read: www.larcier-intersentia.com/en/the-europ...
➡️ SAFE / Art 122 TFEU
➡️ Art 173 TFEU
A big thank you to the Editors!
Buy and read: www.larcier-intersentia.com/en/the-europ...
My to-do list is creeping up so much, it feels like Article 114 TFEU
June 19, 2025 at 8:09 AM
My to-do list is creeping up so much, it feels like Article 114 TFEU
Sounds interesting but also raises the question how this concept of 'associate membership' differs from the classic understanding of association under Art 217 TFEU... #Canada
🚨🚨 WOW
It sounds legally and politically as a very complex proposal but in principle I am in favour of #canada becoming an associate member of the #EU.
It sounds legally and politically as a very complex proposal but in principle I am in favour of #canada becoming an associate member of the #EU.
Dear @mark-carney.bsky.social, we want to bring the relationship with Canada to the highest level possible.
I would like to work with you on opening the door for Canada to being the first associate member of the EU.
And create a common prosperity and economic security space.
I would like to work with you on opening the door for Canada to being the first associate member of the EU.
And create a common prosperity and economic security space.
September 16, 2026 at 9:31 AM
Sounds interesting but also raises the question how this concept of 'associate membership' differs from the classic understanding of association under Art 217 TFEU... #Canada
According to Art 28 of the TFEU , and once and for all, it is not possible for a third country to join the EU customs union: only EU Member States can formally be a part of the customs union. It does not preclude the EU signing a customs agreement with Britain (like it has done with Turkey) but
April 28, 2025 at 8:20 AM
According to Art 28 of the TFEU , and once and for all, it is not possible for a third country to join the EU customs union: only EU Member States can formally be a part of the customs union. It does not preclude the EU signing a customs agreement with Britain (like it has done with Turkey) but
The EU negotiation position decision already refers to a cap, in effect - by reference to Article 79.5 TFEU, which allows Member States to cap the number of non-EU migrant workers
There will be a cap on the UK-EU youth mobility scheme, because that will be the UK's main defensive ask in the reset. That will doubtless come at some cost, because the EU likes punching down against the UK in negotiations, it isn't hard... www.politico.eu/article/eu-k...
EU contradicts Starmer on youth visas cap
A top diplomat signals that Brussels hasn’t yet agreed to the idea.
www.politico.eu
July 16, 2025 at 8:06 AM
The EU negotiation position decision already refers to a cap, in effect - by reference to Article 79.5 TFEU, which allows Member States to cap the number of non-EU migrant workers
In Art. 355 TFEU, governing the special status of overseas territories, allows a simple decision by the European Council (by unanimity, of course) to change with regard to "Danish, French or Netherlands" territories. The initiative would need to come from Denmark.
January 12, 2026 at 1:15 PM
In Art. 355 TFEU, governing the special status of overseas territories, allows a simple decision by the European Council (by unanimity, of course) to change with regard to "Danish, French or Netherlands" territories. The initiative would need to come from Denmark.
You mean an amendment to TFEU to give Brits their FOM back isn't on the cards?! 😱
November 17, 2024 at 8:03 AM
You mean an amendment to TFEU to give Brits their FOM back isn't on the cards?! 😱
We ask @vonderleyen.ec.europa.eu to:
1. request Varhelyi to resign under Art 17(6) TEU (shall resign)
2. refer Varhelyi to CJEU under Art 245 &247 TFEU to deprive him of pension rights
4. Not to fill his vacancy as foreseen under Article 246 TFEU
thegoodlobby.eu/academics-ur...
1. request Varhelyi to resign under Art 17(6) TEU (shall resign)
2. refer Varhelyi to CJEU under Art 245 &247 TFEU to deprive him of pension rights
4. Not to fill his vacancy as foreseen under Article 246 TFEU
thegoodlobby.eu/academics-ur...
Academics urge EU action following allegations against Commissioner Várhelyi | The Good Lobby
Várhelyi. The Good Lobby Profs sent two open letters to the President of the European Commission and to the European Parliament.
thegoodlobby.eu
October 21, 2025 at 7:26 AM
We ask @vonderleyen.ec.europa.eu to:
1. request Varhelyi to resign under Art 17(6) TEU (shall resign)
2. refer Varhelyi to CJEU under Art 245 &247 TFEU to deprive him of pension rights
4. Not to fill his vacancy as foreseen under Article 246 TFEU
thegoodlobby.eu/academics-ur...
1. request Varhelyi to resign under Art 17(6) TEU (shall resign)
2. refer Varhelyi to CJEU under Art 245 &247 TFEU to deprive him of pension rights
4. Not to fill his vacancy as foreseen under Article 246 TFEU
thegoodlobby.eu/academics-ur...
As mentioned by @nvondarza.bsky.social it seems legally feasible (but politically complex with unanimity required and EP consent) for Canada to conclude an association agreement under Article 217 TFEU which is the closest legal avenue for becoming an associated member of the EU.
September 16, 2026 at 9:00 AM
As mentioned by @nvondarza.bsky.social it seems legally feasible (but politically complex with unanimity required and EP consent) for Canada to conclude an association agreement under Article 217 TFEU which is the closest legal avenue for becoming an associated member of the EU.
"Article 222 TFEU (The Solidarity Clause)
Definition: The EU and its member states must act jointly in a spirit of solidarity if a member state faces a terrorist attack, a natural disaster, or a man-mad disaster."
Definition: The EU and its member states must act jointly in a spirit of solidarity if a member state faces a terrorist attack, a natural disaster, or a man-mad disaster."
September 17, 2026 at 10:41 AM
"Article 222 TFEU (The Solidarity Clause)
Definition: The EU and its member states must act jointly in a spirit of solidarity if a member state faces a terrorist attack, a natural disaster, or a man-mad disaster."
Definition: The EU and its member states must act jointly in a spirit of solidarity if a member state faces a terrorist attack, a natural disaster, or a man-mad disaster."