Hungary to be Brought Before Top EU Court For its Ban on LGBTI Content

The European Commission has referred Hungary to the CJEU over discriminatory amendments adopted in June 2021, which ban the “portrayal and the promotion of gender identity different from sex at birth, the change of sex and homosexuality” to under 18s.

Today, 15 July 2022, the European Commission formally referred Hungary to the Court of Justice of the European Union due to Hungary’s unsatisfactory response to concerns raised in the “reasoned opinion” sent by the Commission in December 2021.

This “reasoned opinion” was the second stage of the infringement process launched against Hungary in July 2021, in which the Commission outlined its concerns about the amendments breaching various aspects of EU law, asked for clarification over certain issues, and requested the amendments be brought in line with EU law.

In particular the Commission is concerned about discrimination against LGBTI people when it comes to various areas of EU competence, including the freedom to provide services, the free movement of goods, the Audiovisual Media Services Directive, the e-commerce Directive, freedom of expression and information, the right to respect of private life, and the right to non-discrimination.

ILGA-Europe’s member organisation, Hátter Society has reported that the amendments have already had a severe impact on LGBTI people in Hungary, as media service providers, bookshops, libraries, schools, and other actors covered by the law have begung to implement it voluntarily, in fear of sanctions. The discriminatory amendments and government campaigning around them has also resulted in a stark increase in hate crime against LGBTI people, and the amendments also leave LGBTI people and organisations at risk of arbitrary legal proceedings.

The Commission has found that Hungary’s response to their concerns in relation to equality and the protection of fundamental rights is unsatisfactory and does not include any commitment to remedy the incompatibility of the amendments with EU law, and have therefore decided to refer Hungary to the EU’s Court of Justice.

According to ILGA-Europe’s Executive Director, Evelyne Paradis: “It is encouraging to see the European Commission strongly defending EU law and the principle of non-discrimination when it comes to the treatment of LGBTI people. These amendments breach a variety of EU laws in a wide range of areas, and have already had a devastating impact on the rights of LGBTI people in Hungary. For too long the Hungarian government has been using LGBTI people as a political scapegoat; the rule of law must prevail in order to stop such an abuse of power. Now it is over to the Court of Justice of the European Union to live up to its legal responsibilities and defend EU law and the right of LGBTI people to live free from discrimination.”


To learn about the anti-LGBTI amendments in Hungary, and how the media, bookshops, libraries, schools etc. are implementing them, read this alarming report.

Read the Commission’s press release, which explains in more detail about which EU laws are breached here.

See also

Blog

The real life consequences of the EU’s equality u-turn

Seventeen years ago, the EU promised to protect people from discrimination in everyday life, not just at work. Now, that promise is being rolled back. […]
read more
News

Joint letter: Urgent European Commission action needed to defend the Fundamental Right to Freedom of Assembly in Hungary

The following letter was sent to President Ursula von der Leyen, Executive Vice-President Henna Virkkunen, Commissioner Michael McGrath, and Commissioner Hadja Lahbib of the European […]
read more
News

UN and EU condemn growing crackdown on LGBTI rights and human rights defenders in Belarus.

The United Nations has condemned increasing violence, discrimination, and hate speech targeting LGBTI people in Belarus, while the European Union has raised the alarm over […]
read more
Blog

Why the threat to scrap a long-delayed EU Directive threatens LGBTI Roma rights

As the EU considers cancelling a crucial anti-discrimination measure, LGBTI Roma are vulnerable to even greater marginalisation. On International Roma Day, we’re mobilising people power […]
read more
News

CJEU Advocate General: Member States Must Recognise Same-Sex Marriages from Other EU Countries

An opinion from the EU Court of Justice’s Advocate General states that Member States must recognise same-sex marriages performed in other EU countries to ensure […]
read more
Blog

Freedom to Protest Is Under Attack – Why It Matters for Everyone

When states suppress public protests, they don’t just target activists, they erode the rights of all citizens. The latest crackdowns in Hungary, Turkey, and beyond […]
read more
Report

Inventory of relevant SOGIESC case law and pending cases before the ECtHR and CJEU 2025

In order to focus our strategic litigation efforts across Europe to fully protect and advance LGBTI rights, with this inventory ILGA-Europe wants to support members […]
read more
News

Hungary’s Parliament Passes Law Banning Pride

In an attack on freedom of assembly, Hungary’s Parliament has passed a controversial law criminalising Pride marches and allowing the use of facial recognition technology […]
read more
News

Joint statement welcoming EU’s top court judgment to correct a trans man’s gender identity data in national registry

Today, the European Court of Justice (CJEU) issued a judgment in the case of Deldits (C-247/23), stating that national authorities responsible for keeping public registers […]
read more
News

Statement: Orbán’s threat to ban LGBTI Pride marks a dangerous step toward silencing dissent

Hungarian Prime Minister Viktor Orbán’s threat to ban the 2025 Budapest Pride march has sparked outrage, with concerns over restrictions linked to the country’s anti-LGBTI […]
read more
Report

Our submission to the EC 2025 Rule of Law report

After a year of elections across the EU, threats to democracy and the rule of law are growing both in Europe and globally. Our submission […]
read more
News

Joint statement welcoming CJEU judgment to halt unlawful gender title collection

The EU Court of Justice has judged that it is unlawful for France’s national railway company to force passengers to choose between ‘Mr’ and ‘Ms’ […]
read more
News

Top European Court holds hearing on Polish refusal to recognise same-sex marriage certificate

Case could establish critical precedent for the freedom of movement of same-sex couples within the EU Yesterday, the Court of Justice of the European Union […]
read more
News

EU member states unite against Hungary’s anti-LGBTI propaganda law at infringement hearing

Yesterday, the European Commission was joined by 16 Member States and the European Parliament in a hearing at the court of Justice of the European […]
read more
News

Joint statement: EU Court of Justice strengthens trans rights by calling for the automatic recognition in birth certificates

ACCEPT, TGEU and ILGA-Europe welcome today’s decision of the Court of Justice of the EU (CJEU)   said that the refusal of an EU Member State […]
read more
News

Joint statement: EU Court of Justice Advocate General calls on Hungary to correct trans refugee’s gender marker in national registries

Háttér Society, ILGA-Europe and TGEU welcome an opinion from the Advocate General of the Court of Justice of the European Union stating that Hungarian immigration […]
read more
News

Joint statement: Paving the way for an equality-centred policy cycle

Along with 140 civil society organisations across the EU, we are calling on EU leaders to include equality & non-discrimination as central priorities in the […]
read more
Blog

EU Election results: The challenges & opportunities

Today we dive into the mixed results of the European Elections, the shift to the far right in national elections, and the potential impact of […]
read more
Podcast

What the EU Election Results Will Mean for LGBTI Human Rights

Although the swing to the far right predicted in the European elections hasn’t been as radical as expected, with the progressive and centre-right still holding […]
read more
Blog

The intersecting consequences of a possible far-right vote in the European elections

As the European elections approach, the polls predict a significant shift towards the far-right. This anticipated surge reflects a broader trend of increasing nationalism across […]
read more
News

European court hears landmark case on trans rights in Hungary

The Court of Justice of the European Union held a significant hearing today concerning legal gender recognition for trans people in Hungary Today, the Court […]
read more
Press Release

EU Elections Candidates Across Europe Are Vowing to Support LGBTI Human Rights

As voters get ready to go to the polls in the European Elections, over a thousand candidates across Europe have pledged to protect and advance […]
read more
Blog

Hundreds of European election candidates pledge to protect LGBTI rights

Amid fears of a rise in the far-right in the European elections this June 6-9, the number of candidates who are demonstrating their support for […]
read more
News

EU Court of Justice Advocate General calls for automatic recognition of legal gender recognition in birth certificates

In a significant development regarding the rights of trans people in the European Union, the Advocate General of the Court of Justice of the European […]
read more
News

European court to hear landmark case regarding discrimination against non-binary people

The Court of Justice of the European Union is to decide on lawsuit over the lack of provision of an option for non-binary persons, which […]
read more
Report

EU Enlargement Review 2024

The fundamental rights of LGBTI people need to be a core part of the accession process and EU institutions need to work with the authorities […]
read more
Blog

6 Tips to Get Local Media Supporting LGBTI Human Rights in the European Elections

In our joint effort to get candidates for European Elections to pledge their support for LGBTI rights, teaming up with the media is key. That […]
read more
Blog

Ukraine, LGBTI rights and joining the EU

Last year, Ukraine became a candidate country to join the European Union. But the country’s lack of LGBTI rights threatens to hinder the process As […]
read more
Report

Inventory of relevant SOGIESC case law and pending cases before the ECtHR and CJEU 2024

In order to focus our strategic litigation efforts across Europe to fully protect and advance LGBTI rights, with this inventory ILGA-Europe wants to support members […]
read more
Blog

6 ways to encourage European Election candidates to pledge their support for the human rights of LGBTI people

Here are some highly effective, but easy ways to engage your local candidates for the European Elections with the Come Out 4 Europe campaign towards […]
read more