Advocate General of the Court of Justice of the European Union, Tamara Ćapeta, declared on Thursday that Hungary’s marginalisation of LGBTQ+ people undermines the EU’s core values of equality, human dignity, and respect for human rights.
In 2021, Hungary passed a law purportedly aimed at combating paedophilia and protecting minors, but in practice however amendments in the law limit access to content about transgender identities, gender change, and homosexuality.
The European Commission has initiated proceedings against Hungary, arguing the law violates EU rules on internal market services, data protection regulations, several fundamental rights under the Charter, and the values outlined in Article 2 of the Treaty on European Union.
The Advocate General concluded that Hungary breached all the rules cited by the Commission and urged the Court to rule in favour on all relevant points.
She recommends the Court recognise a separate violation of Article 2, which sets out the fundamental values of the EU.
While noting that the EU’s legal order depends on dialogue between institutions and member states – allowing differing interpretations of fundamental rights – the Advocate General emphasised that such dialogue cannot compromise the values themselves.
"Disrespect and marginalisation of a group within society represent ‘red lines’ set by the values of equality and dignity," she stated.
Hungary's Prime Minister Viktor Orban. Credit: Belga / AFP
Ćapeta argued that by undermining the equality of LGBTQ+ individuals, Hungary has rejected several core values and diverged significantly from the constitutional democracy model embodied in Article 2 of the EU Treaty.
Moreover, she asserted that Hungary’s legislation unjustifiably infringes on fundamental rights guaranteed by the Charter, including the right to non-discrimination, privacy, freedom of expression, and human dignity.
She contends that Hungary’s justifications, like protecting minors’ development or safeguarding parental rights to educate based on convictions, are insufficient.
Furthermore, she believes the Hungarian law violates the freedom to provide and receive services in the EU.
The Advocate General’s conclusions are advisory, and the Court’s decision is expected in the coming months. This will be the first case evaluating an Article 2 violation, with the Court sitting exceptionally in a full formation of all 27 judges.
