CJEU Case C-769/22 | Commission v Hungary (Valeurs de l’Union)

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Publication Date 2022-
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Summary:

Compilation of information resources focusing on Case C-769/22 from the Court of Justice of the European Union (CJEU), as regards Hungary's Child Protection Act and whether it violates EU law and values.

Further information:

In June 2021, the Hungarian Parliament adopted Law LXXIX or the so-called Child Protection Act. The Law contains amendments to a number of different legal provisions covering, for example, media services, advertising, electronic commerce and education. The amendments impose a number of prohibitions and restrictions in relation to the promotion or portrayal of gender identities that do not correspond to the sex assigned at birth, sex reassignment or homosexuality. In July 2021, the European Commission initiated infringement proceedings against Hungary in relation to this Act. This was followed by the a reasoned opinion in December.

Finding that the response provided by Hungary was unsatisfactory, the Commission decided in July 2022 to refer the case to the Court of Justice of the European Union (CJEU). It argues that the Child Protection Act discriminates against people on the basis of their sexual orientation and gender identity. The Commission also considers that the law violates the internal market rules, the fundamental rights of individuals (in particular LGBTIQ people) as well as - with regard to those fundamental rights - the EU values.

Related Links
Official
Court of Justice of the European Union (CJEU): CURIA: Case C-769/22 | Commission v Hungary (Valeurs de l’Union) https://curia.europa.eu/juris/documents.jsf?num=C-769/22
European Commission: Press Release, 15/07/2021: EU founding values: Commission starts legal action against Hungary and Poland for violations of fundamental rights of LGBTIQ people https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3668
European Commission: Press Release, 15/07/2022: Commission refers Hungary to the Court of Justice of the EU over violation of LGBTIQ rights https://ec.europa.eu/commission/presscorner/detail/en/ip_22_2689

News
Euronews, 23/06/2021: Hungary's anti-LGBT law is a 'shame' says Ursula von der Leyen https://www.euronews.com/my-europe/2021/06/23/hungary-s-anti-lgbt-law-is-a-shame-says-ursula-von-der-leyen
Euronews, 07/04/2023: 15 EU countries, including Germany and France, join legal case against Hungary's anti-LGBT law https://www.euronews.com/my-europe/2023/04/07/15-countries-including-germany-and-france-join-legal-case-against-hungarys-anti-lgbt-law
Politico, 08/04/2023: Germany, France join EU lawsuit against Hungary’s anti-LGBTQI+ law https://www.politico.eu/article/germany-france-eu-lawsuit-hungary-lgbt-law/
Euronews, 18/11/2024: Controversial Hungarian law criticised as anti-LGBT to appear before EU Court of Justice https://www.euronews.com/2024/11/18/controversial-hungarian-law-criticised-as-anti-lgbt-to-appear-before-eu-court-of-justice
The Brussels Times, 19/11/2024: Setting a precedent: EU top court to rule on Hungary's 'anti-LGBTQ propaganda' law https://www.brusselstimes.com/1317486/setting-a-precedent-eu-top-court-to-rule-on-hungarys-anti-lgbtq-propaganda-law
Lawyer Monthly, 19/11/2024: Controversial Hungarian Anti-LGBT Law to Be Heard by EU Court https://www.lawyer-monthly.com/2024/11/controversial-hungarian-anti-lgbt-law-to-be-heard-by-eu-court/

Commentary and Analysis
Jacques Delors Institute (Notre Europe): Policy Brief, 05/07/2023: The legal case against Hungary’s anti-LGBTIQ+ law: A shift in the protection of the fundamental rights of the European Union https://institutdelors.eu/en/publications/recours-visant-la-loi-hongroise-anti-lgbt/
European Law Blog, 27/07/2024: Case C-769/22: A further step in the protection of the fundamental rights within the European Union? https://www.europeanlawblog.eu/pub/case-c-769-22-a-further-step-in-the-protection-of-the-fundamental-rights-within-the-european-union/release/1
EUObserver: Opinion, 18/11/2024: Orban vs EU on 'promoting homosexuality ban' law https://euobserver.com/eu-political/ar9cdf4a6c

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Record URL https://www.europeansources.info/record/?p=529784