Brussels denounces Hungary before the CJEU for its law that discriminates against the LGTB group

The European Commission has decided this Friday to bring Hungary before the Court of Justice of the EU (CJEU) for the law passed last year that discriminates against the LGTB group. A norm that, according to the evaluation of Brussels, violates the rules of the internal market, fundamental rights and European values.

The rule in question prohibits educational or audiovisual content that “promote or portray” what it calls “the divergence of one’s identity corresponding to sex at birth, change of sex or homosexuality” to those under 18 years of age.

Its approval provoked a harsh clash between the radical right-wing prime minister, Viktor Orban, and the rest of the EU Heads of State and Government at the summit held in June last year. “Either they withdraw the homophobic law or they leave,” snapped the Dutch prime minister, Mark Rutte.

[La Unión Europea redobla la presión sobre Hungría: “O retiran la ley homófoba o que se vayan”]

After a year, Orbán has not given his arm to twist, despite the fact that Brussels still does not approve the Next Generation funds for Hungary. Furthermore, the president Ursula von der Leyen has initiated the procedure to also freeze regional and agricultural aid for the authoritarian drift in Hungary.

The Community Executive has now decided to bring the anti-LGTB law before the Court of Justice because “the Hungarian authorities have not responded sufficiently to the Commission’s concerns in relation to equality and the protection of fundamental rights, and have not made no commitment to correct the incompatibility”.

The Commission admits that the protection of minors it is a legitimate public interest that the EU shares and pursues. However, in this case the Orbán government has not explained why children’s exposure to LGBT content would be harmful for his or her well-being or it would not be in the best interests of the child.

According to the Brussels analysis, Hungarian law breaches multiple provisions of Community law: the directive on audiovisual media, the directive on electronic commerce, the directive on transparency of the single market, the directive on abusive commercial practices and also the principles of free provision of services and free movement of goods, or the right to the protection of data.

But in addition, the Orbán government violates the European Charter of Fundamental Rights in key aspects such as human dignity, freedom of expression and information, the right to respect for private life and the right to non-discrimination.