Court of Justice 4 June 2026, C-553/24 (Opinion of Advocate General Ćapeta delivered on 4 June 2026.)

Also known as

In the first action brought by a national parliament under Article 8 of Protocol (No 2), Advocate General Ćapeta opines that the Court of Justice has exclusive jurisdiction over such sui generis actions and that their scope is strictly confined to the principle of subsidiarity, excluding claims based on conferral or proportionality. The Advocate General argues that the mandatory solidarity mechanism in Regulation (EU) 2024/1351 complies with both procedural and substantive subsidiarity because the cross-border nature of migratory pressure necessitates a common EU approach that cannot be sufficiently achieved by Member States acting individually. Consequently, the opinion recommends that the Court dismiss the National Assembly’s action as partly inadmissible and partly unfounded.AI