Avbelj, Matej Author aut Text xx# 2018 Verfassungsblog 2018-07-27 eng

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The diagnosis is grim. So, the CJEU should have done something! If the political class is reluctant, the law in the hands of the CJEU must be put to play. The conventional narrative has it that this has always been the case. This was the gist of the hope laid in the anticipated LM case. The CJEU has not lived up to those high expectations. This is not a landmark ruling and neither will its impact be of seismic constitutional proportions. The reason for that is, as we shall see, not the reluctance of the CJEU to address the problem seriously, but a plain fact that the expectations have been simply too high. While this is, most likely, as good as it can judicially get, the LM decision has still not brought us what we have been looking for. Nevertheless, we might be at least an inch closer toward that goal. CC BY-NC-ND 4.0 Avbelj, Matej funded by the government 342 https://staging.verfassungsblog.de/we-still-havent-found-what-were-looking-for/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20180727-153435-0 180727 10.17176/20180727-153435-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)