IGLYO Policy Update on the CJEU Judgment in Commission v Hungary (Case C-769/22)
The International LGBTQI Youth and Student Organisation (IGLYO) welcomes yesterday’s landmark ruling by the Court of Justice of the European Union (CJEU), which finds that Hungary’s 2021 “anti-LGBTI propaganda” law breaches EU Treaties, multiple EU directives, the EU Charter of Fundamental Rights, and crucially, the fundamental values of the European Union.
Background
Adopted under the guise of “child protection”, the 2021 law restricts the portrayal and discussion of LGBTQI topics in schools, media, and advertising, effectively banning or limiting young people’s access to information about sexual orientation and gender identity. In practice, this has led to erasure, censorship, and the stigmatisation of LGBTQI people, including young people, across education and public life in Hungary. The law also paved the way for further restrictive measures, including the banning and criminalisation of Pride marches and organisers in the country.
Following the infringement proceedings by the European Commission and supported by 16 Member States and the European Parliament, the Court has now unequivocally confirmed that such measures are unlawful.
CJEU Findings
For the first time in its history, the Court found a standalone violation of Article 2 of the Treaty on European Union (TEU), a provision that enshrines the fundamental values of the EU, including the obligation for Member States to respect human dignity, freedom, equality, the rule of law and the rights of persons belonging to minorities. The CJEU held that the law constitutes a coordinated series of discriminatory measures that seriously and manifestly undermine the rights of LGBTQI people and the values of human dignity, equality, and respect for human rights, including minority rights. As such, the law is “contrary to the very identity of the Union” and cannot be justified by claims of national identity.
This confirms that systematically undermining the rights of a minority group, including through laws that stigmatise and dehumanise LGBTQI people, is not only politically unacceptable but legally incompatible with EU membership.
The Court also found a serious interference with rights protected by the Charter of Fundamental Rights of the EU, including the prohibition of discrimination based on sex and sexual orientation, respect for private and family life, freedom of expression and information, and the right to human dignity. Importantly, this is the first time that the Court has explicitly recognised gender identity as a protected ground under Article 21 of the Charter. The law was found to stigmatise and marginalise LGBTQI people, including young people.
Thirdly, the Court also found that the law infringes the freedom to provide and receive services, as protected by EU Treaties and legislation, including the e-Commerce Directive, the Services Directive, and the Audiovisual Media Services Directive. In practice, the Hungarian law limits access to diverse and inclusive content, directly affecting what young people can see, learn and engage with.
Finally, the Court also found that Hungary’s legislation breaches the General Data Protection Regulation (GDPR) and the right to the protection of personal data under the Charter.
Impact of the Ruling on LGBTQI Young People
For LGBTQI young people in Hungary, this judgement is particularly significant. Denying young people access to inclusive information does not protect children, but instead isolates them, creates stigma, increases their vulnerability to bullying and violence, and undermines their mental health, safety and participation. The CJEU’s ruling makes clear that such harms cannot be justified under any circumstances under EU law.
IGLYO further underlines the broader implication of this ruling. By finding a breach of Article 2 TEU, the Court has set a powerful precedent that EU values are enforceable, and member states cannot invoke national identity to justify systemic discrimination. This is a critical step for young people across Europe, particularly in contexts where access to inclusive education, information, and spaces is under threat or illegal.
Next Steps for the European Union
This judgement now requires urgent political action. The incoming government led by Péter Magyar cannot credibly claim a pro-European agenda without committing to the immediate repeal of this law and related measures, including the ban on Pride marches. For LGBTQI young people in Hungary, repeal is not symbolic, it is essential to ensure safe schools, access to information and freedom of expression.
At the same time, the European Commission must ensure swift and full compliance with the ruling. If Hungary fails to act without delay, the Commission should not hesitate to pursue further enforcement action to safeguard the rights of LGBTQI people and uphold the rule of law.
This ruling also demonstrates the essential role of continued coordinated action between EU institutions, member states, and civil society in defending the rights of LGBTQI people.
IGLYO stands in solidarity with LGBTQI young people and activists in Hungary. Yesterday’s judgement is a milestone, but its impact will depend on implementation. The European Union must now ensure that its values are not only upheld in courtrooms, but realised in classrooms, communities, and the everyday lives of young people across Europe.
About IGLYO
IGLYO - The International Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI) Youth & Student Organisation is the world’s largest network of LGBTQI youth and student-led organisations, representing over 135 Members across 40 countries in the Council of Europe region. IGLYO works to ensure that the voices and lived experiences of LGBTQI young people are meaningfully represented in European and international policy spaces, including with institutions such as the European Union and the Council of Europe. iglyo.org
Contact
Amélie Waters (they/them), Policy & Research Officer, amelie@iglyo.org.