The European Commission has followed through on its threats and opened infringement proceedings against Hungary and Poland for failure to respect fundamental rights. The institution announced on Thursday 15 July that it had sent letters of formal notice to the two states, which have increased their attacks on the LGBTIQ+ community.
A total of three proceedings were initiated, two of which concerned Hungary. The first is, unsurprisingly, the law that has caused outrage among MEPs (see EUROPE 12748/1) and the European Council (see EUROPE 12748/1).
This law, on the grounds of combating paedophile crime, bans the portrayal of homosexuality and trans-identity in schools, the media and public service advertisements for those under 18.
“The protection of minors is a legitimate public interest that the EU shares and pursues. However, in this case Hungary has failed to explain why the exposure of children to LGBTIQ content as such would be detrimental to their well-being”, the Commission said on Thursday. The EU institution essentially repeated in its letter the concerns expressed in a first letter sent to Budapest at the end of June (see EUROPE 12747/7).
The second letter of formal notice sent to Hungary concerns a case from January 2021 when the Hungarian Consumer Protection Authority obliged the publisher of a children’s book depicting LGBTIQ+ persons to include a disclaimer stating that forms of “behaviour deviating from traditional gender roles” were depicted in the book.
For the Commission, this measure “equates to restricting the right to freedom of expression and the right to non-discrimination” enshrined in the EU Charter of Fundamental Rights and violates the Unfair Commercial Practices Directive.
LGBTI-free zones. In Poland, the Commission is concerned about the emergence, since 2019, of localities declared “free of LGBTI ideology” (see EUROPE 12676/8).
The institution explains that it launched the infringement proceeding after the Polish authorities were “manifestly omitting to answer most of the Commission’s requests”, when the latter sought to “carry out an analysis” in order to verify the compatibility with European law of the resolutions adopted by Polish localities.
“The infringement proceedings announced today send a clear signal that enough is enough! EU member states can no longer act against human rights with impunity [...] They have to and will be held accountable”, said Evelyne Paradis, executive director of the European office of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA Europe).
The co-chairs of the European Parliament’s LGBTI Intergroup welcomed the launch of a long-awaited and unprecedented measure. “Never before have we seen such strong and united action by the Commission to defend the rights of LGBTIQ+ people”, stressed Marc Angel (S&D, Luxembourg).
Lack of cooperation. However, both ILGA and the LGBTI Intergroup are concerned about the “lack of cooperation” shown so far by Warsaw and Budapest.
Gergely Gulyás, the head of Hungarian Prime Minister Viktor Orbán’s cabinet, said on Thursday that the Commission “clearly has no say” over the bill and accused it once again of “interfering in areas” that are the responsibility of the states, according to AFP.
At the beginning of July, the Hungarian government, in a note published in the national Official Journal, had described the European reactions to its controversial bill as “harsh and anti-democratic political attacks”.
Warsaw and Budapest will have to respond within two months to the letters of formal notice and prove to the Commission that they have not exceeded their obligations, failing which a request to comply with EU law will be sent back to them. If the situation does not change at this stage, the Commission may refer the matter to the EU Court of Justice. (Original version in French by Agathe Cherki)