Brussels denounces before the CJEU a rule that violates the values of the community bloc for discriminating against this group
The European Executive raised this Friday the tone before the recent policies approved by the Government of Viktor Orbán. Brussels announced that it will take Hungary to the Court of Justice of the European Union (CJEU) over a law that discriminates against people based on their sexual orientation and gender identity. The institution considers that this rule “violates the fundamental rights of people – in particular, LGTBI people -” and also “the values of the EU”.
The European infringement procedure was launched in July 2021, a month after the controversial rule was approved and the Hungarian authorities refused to modify it after the wake-up call from Brussels.
This law prohibits talking about sexual and gender diversity in the country’s schools, considering that it can promote homosexuality and transsexuality among minors. Any reference or symbology related to the LGTBI collective is also limited in advertising campaigns and on television, since they can be seen by children.
restrictions
Budapest restricts this type of content in e-commerce services, the media and advertising, which violates the EU Charter of Fundamental Rights. When the law came into force, the president of the European Commission, Ursula von der Leyen, called it “shameful” and promised to use “all legal powers” at her disposal to guarantee the rights of European citizens.
Also this Friday, Brussels reported that it will submit a second case against Hungary to the Strasbourg-based court, after the Hungarian media regulator denied the license to the only opposition radio station in the country, Klubradio. The European Commission points out that the reasons put forward by Budapest for rejecting the station’s request are “very doubtful” and questions whether “objective, transparent, non-discriminatory and proportionate” criteria were followed.
These two procedures are added to the long list of lawsuits opened by the EU against the country’s authorities. In April, Brussels launched with the country the mechanism that opens the door to blocking the arrival of European funds due to its doubts about respect for the rule of law, referring to the violation of the rights of LGTBI people and the lack of judicial independence.
Cases against Poland
Something similar happens with Poland, the other uncomfortable partner of Brussels and against which it maintains a harsh confrontation for its Constitutional Court, which it accuses of undermining the primacy of EU law. The European Commission announced that it will “take the next step” in the infringement procedure opened against Warsaw and will bring the case before the CJEU.
The European Parliament already pointed out through a resolution, in October of last year, that the Polish Constitutional Court “lacks legal validity and independence” and denounced that it has become “an instrument to legalize the illicit activities of the authorities.” He also urged the European Council and the Commission to act urgently to increase the pressure on Warsaw and force it to rectify.
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