Brussels Escalates Pressure as Hungary Faces EU Court Over LGBTQ+ Restrictions

A senior legal advisor to the Court of Justice of the European Union has issued an opinion stating that Hungary’s controversial 2021 law restricting LGBTQ+ content breaches EU law. Advocate General Tamara Capeta concluded that the legislation, introduced under the guise of protecting minors, represents an unjustified restriction and violates fundamental European principles.

Capeta’s view is not binding, but such opinions often guide the court’s final ruling, expected in the coming weeks. In her findings, she emphasized that Hungary failed to provide evidence that merely portraying LGBTQ+ individuals and their everyday lives could harm the development of children. According to the court’s statement, the Hungarian government’s measures amount to a violation of EU law by unjustly curtailing access to such content.

The case stands as a major legal confrontation between the government of Prime Minister Viktor Orban and the European Union. Sixteen EU countries, including France and Germany, have joined the European Commission in contesting the Hungarian law, which has become a symbol of wider concerns over democratic backsliding in Hungary. The European Parliament is also backing the legal challenge.

Under the law in question, LGBTQ+-related material has been restricted from daytime broadcasts and banned from being sold within 200 meters of schools and churches. Bookshops have reportedly been fined for placing titles featuring LGBTQ+ characters in children's sections. Civil society groups such as Reclaim have raised alarm over the chilling effect on cultural expression and free access to information.

Capeta’s opinion outlines three specific areas where Hungary’s law breaches EU norms: the directive on electronic commerce, the General Data Protection Regulation (GDPR), and the EU Charter of Fundamental Rights. If the court rules in line with her recommendations, Hungary could face financial penalties and even proceedings that might strip it of voting rights in EU decision-making bodies.

Meanwhile, pressure on the Orban government has been intensifying. Last month, members of the European Parliament from across the political spectrum urged the European Commission to suspend EU funds allocated to Hungary, citing the country’s continued passage of repressive legislation. Among those criticized is a new draft aimed at banning a planned Pride march in Budapest, which builds on the same 2021 law now under legal scrutiny.