Hungarian law ‘breached values of EU’
A ruling against Hungary by the EU’s top court has found, for the first time, that a member state breached article 2 of the of the Treaty on European Union, which sets out the values on which the EU is founded.
The Court of Justice (CJEU) found in favour of the European Commission in an action taken against a law targeting LGBTIQ+ people introduced by former prime minister Viktor Orbán's government in 2021.
The court said that the law, which the Hungarian government portrayed as a child-protection measure, effectively prohibited or restricted access to content that portrayed or promoted homosexuality or gender change.
The commission challenged the law on four grounds, all of which the court said were “well-founded”.
‘Particularly serious’ rights breach
The judges said that the law constituted “a co-ordinated series of discriminatory measures” that it described as a “particularly serious” breach of the rights of transgender or non-heterosexual persons.
The CJEU also found that the measures breached the values of respect for human dignity, equality, and respect for human rights – including the rights of persons belonging to minorities – enshrined in article 2 of the treaty*.
“Consequently, that law is contrary to the very identity of the union as a common legal order in a society in which pluralism prevails,” the court stated.
Discrimination
The judges also held that the measures were a “particularly serious interference” with several fundamental rights protected by the EU’s Charter of Fundamental Rights, such as the prohibition on discrimination based on sex or sexual orientation, respect for private and family life, and the freedom of expression and information.
The court also found the Hungarian law to be in breach of the freedom to provide and receive services laid down by several EU directives, while the legislation also breached GDPR rules.
In the recent elections in Hungary, Orban’s Fidesz party lost power to Tisza, headed by Péter Magyar.
In cases where the CJEU finds against a member state, it is required to comply with the court’s judgment “without delay”. If it does not do so, the commission can bring a further action seeking financial penalties.