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  2. EU
21 April 18:14

The European Parliament welcomes the decision of the Court of Justice of the European Union against the anti-LGBTIQ+ law in Hungary.

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The Court of Justice of the European Union has ruled that Hungary's law discriminating against individuals based on sexual orientation and gender identity is contrary to EU acquis, according to a reaction published by the European Parliament. In a comment made after the ruling, Tineke Strik, the Parliament's rapporteur for the Article 7 procedure regarding Hungary, stated that the verdict represents an unequivocal recognition of the stigmatization, intimidation, and violations of rights suffered by the LGBTIQ+ community in Hungary.


In short


The European Parliament states that the CJEU has ruled against the Hungarian law that discriminates against individuals based on sexual orientation and gender identity.


Tineke Strik asserts that the ruling acknowledges the stigmatization, intimidation, and violations of rights suffered by the LGBTIQ+ community in Hungary.


The Parliament calls on the new Hungarian government to implement the ruling and fully restore the rights of this community.


The case originates from the 2021 law through which the Hungarian government restricted the dissemination of certain materials to individuals under 18 years of age.


The European Commission brought Hungary before the Court, and the European Parliament joined the case in 2023.


In her reaction, Tineke Strik described the ruling as "an unequivocal recognition of the stigmatization, intimidation, and violations of rights that the LGBTIQ+ community in Hungary has suffered at the hands of the Orbán regime." She added that, in her opinion, it is now the obligation of the new Hungarian government to ensure the implementation of the ruling and to place "the real and full restoration of the rights of this community" at the center of its plans to restore the rule of law. In the same statement, Strik asserts that any more limited solution would undermine the credibility of these reforms.


The European Parliament's statement also emphasizes the broader implications of the verdict. According to Strik, the ruling has consequences beyond the case of Hungary, as it clarifies that the values of the Union, enshrined in Article 2 of the EU Treaty, are not only susceptible to protection through political mechanisms but can also be directly adjudicated before the Court. In this logic, the MEP calls on the Commission to continue to use this path whenever serious and systematic violations of the Union's fundamental values arise.


The legal context of the case is related to the legislation adopted in Hungary in 2021. According to the presentation made by the Parliament, the Hungarian government then introduced rules that restrict the dissemination of materials that encourage or describe what the law calls a deviation from the gender identity assigned at birth, sex change, or same-sex relationships, when these materials are intended for individuals under 18 years of age. The European Commission referred the case to the CJEU, considering that this legislation violates the rules of the internal market, the fundamental rights of individuals, and the values of the European Union as a whole.


The European Parliament reminds that it joined the case in 2023, in line with its consistent position in defending LGBTQ+ rights and fundamental freedoms in the European Union. The purpose of this intervention, according to the statement, was to contribute to strengthening the legal case against discriminatory laws in Hungary.


The institution also places the verdict within a broader framework of the dispute regarding the rule of law in Hungary. The text reminds that diversity and non-discrimination are fundamental values for the European Parliament and are enshrined in the Charter of Fundamental Rights of the European Union. At the same time, the statement shows that the Parliament has repeatedly denounced the rollback of European values in Hungary, including in its interim report from November 2025 regarding the Article 7 procedure, initiated by MEPs in 2018, where it expressed concern over the discriminatory measures adopted under the pretext of combating "LGBTIQ+ propaganda."


Through its wording, the European Parliament's reaction indicates that the institution sees the CJEU ruling not just as a verdict in a specific litigation but as a benchmark for the confrontation between the legal order of the Union and national legislations deemed incompatible with fundamental rights and the values enshrined in treaties. At the same time, the emphasis on implementation shows that, from the Parliament's perspective, the Court's verdict now opens a new phase, that of effectively translating the ruling into concrete rights for the LGBTIQ+ community in Hungary.


The case regarding the Hungarian law from 2021 is part of a broader conflict between European institutions and Budapest on issues of the rule of law, fundamental rights, and respect for the values enshrined in Article 2 TEU. According to the European Parliament, the Article 7 procedure regarding Hungary, initiated in 2018, remains the broader political framework in which these developments are analyzed.


The ruling invoked by the Parliament is presented as relevant not only for the rights of LGBTIQ+ individuals in Hungary but also for the relationship between the political and judicial instruments of the Union in defending its fundamental values. The message conveyed by the institution is that the Court's jurisprudence can become a direct tool in cases of serious and systematic violations.

Sources

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Parlamentul European salută decizia Curții de Justiție a Uniunii Europene împotriva legii anti-LGBTIQ+ din Ungaria

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