Hungary's LGBTQ+ law breaches EU regulation, top court advocate says

Euronews

a day ago

Hungary infringed EU law by prohibiting or restricting access to LGBTI content when it adopted legislation designed to protect children and counter paedophilia, the Advocate General of the European Court of Justice has said in an opinion.
Advocate General Ćapeta also suggested that Hungary breaches fundamental EU values, enshrined in Article 2 of the EU's Treaty.
Advocates General's opinions are non-binding, though judges consider them and in most though not all cases tend to follow them. 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 case is considered a landmark for human rights suits within the European Union, and the European Parliament and 16 EU member states have joined themselves to the action, demanding that Hungary annuls the law.
The law created tensions in Hungarian society
The law was adopted back in 2021 by the Hungarian parliament in a push for what the government called child protection and the fight against paedophilia. But opponents and the LGBTI community saw it as a Russian style anti-LGBTI campaign that poses a threat to fundamental rights. The law prohibits the portrayal of LGBTI people or sex relationships involving underage people in education and media. For example, the law stipulated that books containing photos of same sex relationships had to be wrapped in foil in bookshops, and meant that several TV-programs with similar content were moved to overnight slots.
The adoption of the law led to protests against the government, and the European Commission opened an infringement procedure against Hungary in the same year, saying the law is in breach of EU law and values.
This year, Hungary issued a ban on gay pride events held in public spaces, based on the child protection law. The European Commission is currently investigating whether this legislation is in line with EU law. But Justice Commissioner Michael McGrath said at a debate at the European Parliament that the Budapest Pride poses no danger for children.
The UK's secretary of state for business and trade has told Euronews he is hoping that British holidaymakers will be able to use e-gates in Europe 'as soon as possible' following the agreement struck with the EU in May.
The European Union and the UK announced an agreement on 19 May to strengthen cooperation, the first such deal reached since the UK left the bloc in 2020.
Jonathan Reynolds, the UK , delivers a keynote address during the Brussels Economic Security Forum on Thursday.
As well as outlining new arrangements linked to travel, defence and fishing, the 'reset' focuses on farming, an industry heavily impacted by Brexit.
Under the terms of the new deal, British animal and plant products are expected to face fewer checks when exported to the EU. For example, the UK could once again be allowed to export raw sausages and burgers to the EU for the first time since Brexit — thanks to the proposed SPS (sanitary and phytosanitary) agreement.
However, the implementation details are still pending.
Under the new deal, British travellers will be able to take advantage of the faster e-gate passport checks at many EU airports, but full details have yet been released on when this will be introduced.
'We hope it is as soon as possible because part of the agreement is the Commission saying there's no legal impediment to the use of e-gates,' Reynolds told Euronews.
Reynolds said that the e-gates carried 'huge efficiency advantages', adding: 'I want people who are going on their summer holiday from the UK to have the ease and use of that.'
Reynolds said his focus now is on implementing the May agreement, and dismissed opposition arguments against the agreement from the UK's Conservative and Reform parties.
'I think there is a coalition [in the UK] we can build that doesn't want to look to the past,' he said, saying such a coalition recognised the relationship as valuable in terms of trade, rather than revolving around issues of EU membership and constitutional issues.
'Let's not forget on fishing, there is no less access, no diminishing of the UK position from what is already the case and actually what is already the case is better than it had been in some previous years,' Reynolds said.
There will 'always be people who want to not move on. That's politics. And my political opponents in the UK have stated that', Reynolds said, but he said he was confident that such arguments would not prevail in a future election.