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He Court of Justice of the European Union (CJEU) ruled this Tuesday that the outgoing Hungarian government of the ultranationalist Viktor Orbán infringed community law by adopting a law “that stigmatizes and marginalizes LGBTI+ people.”
For the first time in history, the ruling concludes that a Member State has violated Article 2 of the Treaty, which states the values on which the European Union is founded.
The ruling forces the winner of last week’s Hungarian elections, the popular Péter Magyar, to prioritize the immediate repeal of this rule if he wants to access the 18 billion European funds that Brussels has frozen Hungary for its anti-democratic drift.
A high-level delegation from the European Commission traveled to Budapest over the weekend to launch the work of reversal of Orbán’s repressive laws even before the new Government has taken office.
The standard in question, approved in 2021, prohibits or restricts access to contentparticularly in the audiovisual or advertising field, that “represent or popularize the deviation of the identity of the sex corresponding to birth, sex change or homosexuality.”
The Hungarian Government claimed that it is a law to protect minors from pedophile offenders. But Brussels launched an infringement procedure and took the case to the CJEU, considering that it violates the EU Charter of Fundamental Rights, Article 2 of the Treaty and the data protection regulation.
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