The European commission is taking legal action against Hungary at the European court of justice (ECJ), escalating a longstanding dispute over the country’s anti-LGBT laws. This is an unprecedented step for the EU, but it isn’t a sure win for LGBT rights in Europe – and even has the potential to endanger them.
Hungary (under Prime Minister Viktor Orbán’s leadership) and the EU have been at odds for years over the wider issue of the rule of law. This intensified in 2021 when Hungary adopted a new law banning the depiction or promotion of LGBT-related material to minors. Commission president Ursula von der Leyen called it “a shame” that goes “against all the fundamental values of the European Union”.
In July 2021, the commission launched official infringement procedures against Hungary for failing to implement and comply with EU law. Later in the year, it also froze Hungary’s access to the COVID recovery fund. Unsatisfied with Hungary’s responses, the commission has now escalated the matter and referred the matter to the ECJ. This is the first time the EU has taken a member state to court over LGBT rights.
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