The European Court of Justice on Tuesday found that Hungary’s 2021 law restricting LGBTQ+ information and widening public access to sex offenders’ records breaches multiple EU laws and values.
The changes — introduced under Viktor Orbán’s outgoing Fidesz government and known in Hungary as the “amending law” — limited minors’ access to material on transgender and homosexual issues and made it easier for the public to view certain criminal records. The ECJ sided with all complaints lodged by the European Commission, concluding the measures conflict with several core EU protections.
Which EU rules did the court find breached?
– Freedom to provide and receive services: The court said the law unlawfully curtailed access to information or promotion related to homosexuality and gender variance, a form of cross-border provision of services safeguarded by EU rules.
– Fundamental rights: The reforms were held to violate nondiscrimination on the basis of sex and sexual orientation, as well as rights related to private and family life and freedom of expression.
– Human dignity (Article 2 TEU): For the first time, the ECJ found a member state in breach of Article 2 of the Treaty on European Union, which enshrines values including human dignity, equality and respect for human rights.
– Data protection (GDPR): The court concluded that provisions making sex offenders’ personal data publicly accessible lacked precise limits and safeguards required by EU data-protection law.
Why the measures were unlawful
Hungary defended the measures as child-protection rules and the ECJ acknowledged member states can regulate content that may harm minors and protect parents’ rights to guide their children’s education. But those powers must be balanced against EU nondiscrimination obligations.
The court said the law’s blanket statement that any portrayal or promotion of gender transition or homosexuality is harmful to children amounted to discriminatory treatment. By casting certain identities and orientations as inherently detrimental, the legislation treated some people as inferior or dangerous and stigmatized them in public debate — an approach incompatible with the EU’s prohibition on discrimination and with pluralism.
On human dignity, the court held that equating or implicitly linking LGBTQ+ people with sexual offenders increased stigmatization and encouraged hostility toward them. That treatment, the ECJ said, undermined the dignity of those groups and thus violated Article 2 values — a landmark finding.
On data protection, the ruling noted that while disclosure of criminal records can be lawful in narrow circumstances, Hungary’s rules failed to define clearly who may access the data and under what conditions, leaving insufficient safeguards for the rights of the individuals whose information was exposed.
Consequences and next steps
The ECJ judgment obliges Hungary to align its rules with EU law. Hungary’s incoming government, led by Peter Magyar after his recent electoral victory over Orbán, faces pressure to repeal or amend the measures “without delay” or risk further action from Brussels. Noncompliance with ECJ rulings can lead to infringement procedures, financial penalties and other sanctions until the state complies.
The court’s decision marks a significant enforcement of EU fundamental rights standards against a member state and reinforces the EU’s legal limits on national measures that stigmatize or restrict the rights of minority groups.