Hungary's restrictions on LGBTQ+ content were found to breach EU law, according to an advisory opinion issued by the top court’s advocate general. The opinion, though non-binding, could influence the final ruling and lead to demands for Hungary to amend or revoke the law.
Hungary has violated European Union law by prohibiting or limiting access to LGBTQ+ content, the Advocate General of the Court of Justice of the European Union (CJEU), Tamara Ćapeta, stated in an advisory opinion released on Thursday. The opinion also indicated that Hungary breached the fundamental values of the EU, as set out in Article 2 of the bloc’s Treaty.
The advocate general’s opinion is not legally binding, but the CJEU judges typically take it into account, and most final verdicts are consistent with such opinions. If the court concurs, Hungary could be required to revoke or amend the law and may also face fines.
Labelled as one of the most significant human rights cases in EU history, the legal challenge saw the European Parliament and 16 member states join together to request annulment of the Hungarian legislation.
Hungary adopted the law in 2021, presenting it as part of efforts to protect children and combat paedophilia. Critics and LGBTQ+ groups, however, have described the legislation as a Russian-style campaign threatening fundamental rights. The law prohibits the depiction of LGBTQ+ people or relationships involving minors in educational settings and media.
Specific provisions include requirements for books with same-sex relationship depictions to be wrapped and sealed in foil in bookstores, and the rescheduling of TV programs with similar content to overnight hours.
Following the law’s adoption, public protests were held and the European Commission launched an infringement procedure against Hungary in 2021, asserting that the law violates EU law and values.
In 2024, Hungary extended the restrictions by banning LGBTQ+ pride events in public spaces under the child protection law. The European Commission is currently reviewing whether the legislation is compatible with EU law. During a recent debate at the European Parliament, EU Justice Commissioner Michael McGrath stated that the Budapest Pride march poses no danger to children.
