Our small country is being thrown gradually into US-style culture wars regarding LGBT issues. And this has created a small (currently) conservative movement that is using Natural Law theories in their arguments. Of course, Natural Law is a quite unknown subject (as any thing of the past) and at the same time it has some intuitive appeal.

I am not a legal professional (I have interest in law from the AI point of view); that is why I took the most recent book on the decline of Natural Law in the US https://global.oup.com/academic/product/the-decline-of-natural-law-9780197556498 And it says that Natural Law was abandoned more than 100 years ago because of written codification and also because of the two-sidedness of this law. Also, Natural Law arguments went out of favor because of the creation of different argumentation styles and professional techniques. And this book also says that 18th-19th Century perception of Natural Law was quite different and without references to the religious norms.

Of course, there is rebirth of New Natural Law in the US in the new incarnation that suits the conservative movement, but US usage is not the topic of my question.

My question is about the practices of the European Courts. Are Natural Law (Old or New style) arguments used in the Courts (Justice and Human Rights) with such a force that they enter into the final decisions? I am interested not in the simple use in the arguments nor in the use in the written exceptional/additional thoughts of some judges (I understand that https://en.wikipedia.org/wiki/J._Budziszewski provides example of such use), because I suspect that here and there are people that use such argumentation a lot. I am interested only in those arguments of Natural Law that are accepted by the court decision and enter in the final opinion of the full court. Are there such examples?

I did my homework and I have searched the EU Constitutional Law Review, Google Scholar (e.g. phrase "natural law" in the European courts) and other sources. There is just one example - application to the refugees around the year 2015, and even then I am not sure whether it reached the final decision. Nothing more.


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