Hungary breached fundamental EU values by restricting LGBTI content – EU Court opinion

Published on
05/06/2025 – 11:00 GMT+2

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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.