EditEU court delivers landmark ruling against Hungary’s anti-LGBTQ law
The judgment finds breach of fundamental EU values for the first time, putting pressure on the incoming government to reverse legislation
The European Union’s top court has ruled that Hungary’s anti-LGBTQ legislation violates EU law and breaches the bloc’s fundamental values, in a landmark judgment that could reshape how Brussels enforces the rule of law across member states.
In its decision in Case C-769/22, the Court of Justice of the European Union found that laws adopted by Viktor Orbán’s government in 2021 were discriminatory and incompatible with EU rules. The legislation, introduced under the banner of child protection, restricted access to content depicting homosexuality, gender identity or gender transition, particularly for minors.
The Court concluded that Hungary had breached EU law on multiple levels, including rules governing the internal market, the Charter of Fundamental Rights, and data protection legislation. Crucially, it also found, for the first time in such proceedings, a standalone violation of Article 2 of the EU Treaty, which sets out the Union’s core values, including human dignity, equality, democracy and respect for minority rights.
The judgment states that the Hungarian measures “stigmatise and marginalise” people who are not heterosexual or cisgender, portraying them as harmful to children’s development solely on the basis of their identity. It further notes that the structure and framing of the law associate LGBTQ individuals with people convicted of paedophilia, reinforcing stigma and potentially encouraging hostile behaviour.
According to the Court, such measures amount to a particularly serious interference with fundamental rights, including the prohibition of discrimination based on sex and sexual orientation, respect for private and family life, and freedom of expression and information. It also found a violation of human dignity, as the legislation treats a specific group within society as a threat requiring special legal restrictions.
Rejecting Hungary’s argument that the law was necessary to protect children or uphold parental rights, the Court underlined that member states must exercise their discretion within the limits set by EU law. It stated that minors can be protected from inappropriate content without resorting to discriminatory measures targeting specific groups.
The ruling also addresses changes to Hungary’s criminal records system, finding that expanded access to sensitive data related to offences against minors failed to provide sufficient safeguards, thereby breaching EU data protection rules.
Significantly, the Court held that Hungary cannot rely on national identity to justify legislation that undermines the Union’s foundational values. It described the law as “contrary to the very identity of the Union as a common legal order in a society in which pluralism prevails”.
The case was brought by the European Commission and supported by an unusually large group of member states, with 16 governments joining the proceedings alongside the European Parliament. Many of these countries had previously voiced concerns about Hungary’s approach, arguing that the legislation mirrored similar measures adopted in other contexts to restrict LGBTQ visibility.
The judgment comes shortly after a major political shift in Hungary, where Péter Magyar’s Tisza party secured a landslide victory, ending Orbán’s 16-year rule. While Magyar has not set out detailed plans regarding LGBTQ-related legislation, he has pledged a more pro-European course and committed to restoring relations with Brussels.
In his victory speech, Magyar described his vision for Hungary as a country “where no-one is stigmatised for thinking differently than the majority, or loving differently than the majority”. His party holds a two-thirds majority in parliament, giving it the capacity to reverse the contested laws.
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The European Commission has indicated that compliance with the ruling will be a key issue in its engagement with the new government. It expects Hungary to act without delay and has the option to pursue further legal steps, including financial penalties, if the judgment is not implemented.
The ruling may also have broader implications beyond Hungary. Legal experts say it establishes a precedent allowing EU institutions to challenge member states not only for breaching specific laws, but also for undermining the Union’s core values.
The ruling sends a clear signal to governments across the EU that attempts to use legislation to marginalise minorities under the guise of child protection will face legal scrutiny. According to the Bulgarian Helsinki Committee, the judgment also has direct relevance for Bulgaria, where similar legislative approaches have been adopted. The organisation argues that the decision implies the need for amendments to the Pre-school and School Education Act, adopted in 2024 along similar lines to the Hungarian model, in order to ensure compliance with EU law and fundamental rights standards.
Sources: BBC, Guardian, infocuria.curia.europa.eu
Caption: Participants attend the Budapest Pride march in Budapest, Hungary, 28 June 2025. Thousands of people gathered at the Pride march despite a law passed earlier this year banning Pride events. EPA/SZILARD KOSZTICSAK
Updated: April 22, 2026 - 05:32
