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Hungary infringed EU law by prohibiting or restricting access to LGBTQ+ content, the EU top court’s advocate general said in an advisory opinion on Thursday.
Advocate General of the Court of Justice of the European Union (CJEU) Tamara Ćapeta also suggested that Hungary breached fundamental values of the 27-member bloc, enshrined in Article 2 of the EU’s Treaty.
The opinion of the advocate general is legally non-binding. However, the judges typically consider this, and in most cases, the final verdict aligns with this statement. If the judges of the court agree with the opinion of the advocate general, they could demand that Hungary revoke or amend the law and could also fine Budapest.
The legal case, labelled as one of the most significant human rights cases in the history of the EU, saw the European Parliament and 16 member states join it, demanding that Hungary annul the law.
The law was adopted back in 2021 in a push for what the government called child protection and the fight against paedophilia. However, critics and the LGBTQ+ community saw it as a Russian-style campaign that poses a threat to fundamental rights.
The law prohibits the portrayal of LGBTQ+ people or relations involving those underage in education and media.
Part of the law prescribed that books containing depictions of same sex relationships had to be wrapped and sealed in foil in bookshops. Additionally, several TV programs with similar content were moved to overnight time slots.
The adoption of the law led to protests against the government, and the European Commission initiated an infringement procedure against Hungary in the same year, stating that the law breaches EU law and values.
This year, Hungary made a step further and issued a ban on LGBTQ+ pride events held in public spaces, based on the child protection law.
The European Commission is currently examining whether this legislation aligns with EU law. Recently, EU Justice Commissioner Michael McGrath stated during a debate at the European Parliament that the Budapest Pride march poses no danger to children.
