EU’s top court finds Hungary’s anti-LGBTQ+ law in breach of key values in early test for new PM

Jennifer Rankin

Brussels correspondent

The EU’s highest court has found Hungary’s anti-LGBTQ+ law to be discriminatory, stigmatising and in breach of basic democratic values, setting up an early test for the incoming prime minister Péter Magyar’s government when it takes power next month.

In a wide-ranging judgment, the European court of justice said the 2021 law that bans content about LGBTQ+ people from schools and primetime TV was at odds with a society based on pluralism and fundamental rights such as prohibition of discrimination and freedom of expression.

Magyar won a landslide election victory last week after promising to root out corruption and improve living standards, but he has so far been muted on whether he will roll back the anti-LGBTQ+ policies introduced by Viktor Orbán, who was defeated after 16 years in power.

He has vowed to “bring home” EU funds intended to help Hungary develop its economy, some of which were frozen over the anti-LGBTQ+ law. A larger part was suspended over risks to academic freedom, breaches of the right to asylum and concerns about corruption and lack of judicial independence.

The ruling marks the first time the ECJ has found a member state guilty of breaking EU law based exclusively on breaching the bloc’s fundamental values described in article 2 of its treaty. These include respect for human dignity, democracy, equality, the rule of law and respect for fundamental rights, including those of minorities.

As a result, the judgment paves the way for future cases against EU member states that systematically flout basic values on democracy and the rule of law.

Hungary passed the so-called child protection law in 2021, imposing restrictions on schools and media companies in depicting LGBTQ+ people. Previously likened to Russia’s notorious “gay propaganda” law, the Hungarian legislation means gay and transgender people or themes cannot feature in school educational material or in any TV show, film or advert shown before 10pm.

The court said in a statement that the Hungarian law was “contrary to the very identity of the union as a common legal order in a society in which pluralism prevails”, and that Hungary could not “validly rely on its national identity” as justification for a law that breached fundamental values.

It said it expected Hungary to comply without delay and it ordered Budapest to pay its costs and those incurred by the European Commission, which brought the case. The Hungarian government has been contacted for comment.

Henry Dyer is a Guardian investigative correspondent.

Olly Robbins has given remarkable evidence so far. He has spoken about the pressure the Foreign Office faced from Downing Street – weeks before he took the top job – about ensuring Peter Mandelson made it to Washington as ambassador. That included, Robbins claims, a discussion between the Cabinet Office and the Foreign Office as to whether or not Mandelson even needed to go through the vetting process.

Robbins said his predecessor had to be “very firm in person” about the necessity of Mandelson to face vetting in the days leading up to Christmas, in the face of arguments from the Cabinet Office that there was no need for Mandelson to face vetting, given he was a member of the House of Lords and a member of the privy council.

Given nearly all staff – including junior civil servants – in the Foreign Office require DV clearance, it would have been astonishing for the man in the top British diplomatic posting to not have received the same security clearance.