As the EU elections approach, the LGBTIQA+ community’s legal standing remains a focal point for both policymakers and scholars alike. The European Commission’s adoption of the 2020-2025 LGBTIQ Equality Strategy marks a structured approach to tackling discrimination and ensuring greater safety for LGBTIQA+ individuals. This strategy has been seen as a significant step, symbolically and practically, in targeting LGBTIQA+ issues. However, non-binding by nature, its actual impact hinges heavily on the legislative backing and Member States’ cooperation.
The proposed European Commission’s Equality Package, which includes a regulation aimed at harmonizing rules concerning parenthood in cross-border situations, highlights major strides towards mutual recognition of same-sex parents’ rights within the EU. Yet, this proposal encounters substantial hurdles. The challenge primarily lies in achieving unanimity in the Council, a formidable task given the diverging stances of Member States. For example, Italy has already signaled its opposition to the package (Marcia’s analysis).
The Court of Justice’s ruling in the Pancharevo case (C-490/20) further highlights the intricate balance between EU-wide commitments and national sovereignty. The Court mandated recognition of parent-child relationships for free movement purposes while leaving domestic recognition to national laws. Despite this, same-sex couples still face extensive and costly recognition processes in several Member States.
Hate crime and hate speech legislation is another area witnessing slow progress. While the European Commission proposed extending EU crimes to include those against LGBTIQA+ persons, this proposal remains stalled due to the unanimity requirement in the Council. The ability to combat such crimes across the EU continues to be inconsistent, reflecting a disparity in legal protections afforded to LGBTIQA+ individuals across Member States. The European Parliament has urged Member States to advance this initiative, but actual progress remains negligible (EPRS Report).
Additionally, the European Commission’s ongoing infringement procedure against Hungary underscores the EU’s effort to uphold fundamental values. The contested Hungarian legislation, targeting LGBTIQA+ content, sparked significant judicial and political mobilization. This move marks the Commission’s first direct reliance on Article 2 TEU to affiliate LGBTIQA+ equality directly with the EU’s founding values (infringement procedure C-769/22).
Despite these initiatives, the upcoming EU elections could influence future policies on LGBTIQA+ rights profoundly. With far-right parties likely gaining more seats (current polls), a potential shift towards a more conservative European Commission looms, posing a risk to ongoing and future efforts in LGBTIQA+ equality. As the European Parliament and Commission have historically been allies in advancing these rights, changes in their political composition might result in a softened commitment. Should a conservative wave materialize, the CJEU may become the primary defender of LGBTIQA+ rights at the EU level.
For further details on the EU’s legislative and political stance on LGBTIQA+ rights, visit the European Law Blog.