The advocate general of the Court of Justice of the European Union (CJEU) has issued a critical advisory opinion stating that Hungary’s restrictions on LGBTQ+ content are in violation of European law. Tamara Ćapeta, the advocate general, highlighted that Hungary’s actions deviate from the fundamental values enshrined in the European Union’s foundational treaties. These values, articulated in Article 2 of the Treaty of the European Union (TEU), include respect for human dignity, freedom, democracy, and equality.
In 2021, Hungary’s government implemented legislative changes that restricted LGBTQ+ content under the guise of protecting children, explicitly targeting content associated with non-cisgender identities and homosexuality. This move prompted the European Commission to initiate an infringement action against Hungary, arguing that the restrictions breach EU law by hindering the freedom to provide and receive services guaranteed by the Treaty on the Functioning of the European Union (TFEU).
The advocate general asserted that Hungary’s laws contravene EU directives on electronic commerce, services, audiovisual media, and data protection. Additionally, Ćapeta noted infringements of the Charter of Fundamental Rights of the European Union, including those relating to freedom of expression, the right to privacy, and the prohibition of discrimination based on sexual orientation.
The advisory opinion is not legally binding, but it is a significant step in the legal process, potentially informing upcoming decisions by the CJEU. Earlier this year, EU member states signed a declaration condemning Hungary’s crackdown on LGBTQ+ rights, echoing a broader concern over human rights violations within the bloc.
Read more about the ongoing legal and political ramifications of Hungary’s legislative changes in the original article.