On Thursday, 2 December, the European Commission decided to “to take the next step” in the two infringement procedures initiated against Hungary in July for violating the fundamental rights of LGBTIQ+ persons (see EUROPE 12763/1).
One of these proceedings concerns the Hungarian law which, on the grounds of combating paedophile crime, prohibits the portrayal of homosexuality and trans-identity in schools, media, and public service advertisements for under those under 18 (see EUROPE 12748/1 and 12747/7).
The second concerns the request that the Hungarian Consumer Protection Authority sent a publisher of a children’s book depicting LGBTIQ+ persons to include a disclaimer in its publication indicating that forms of “behaviour deviating from traditional gender roles” are depicted in the book.
A letter of formal notice had been sent to Budapest in both cases. However, the European Commission considered the response to these two letters unsatisfactory, and two reasoned opinions were thus sent to Hungary.
The Hungarian authorities now have 2 months “to reply [to the arguments raised by the European Commission] and remedy the situation” in these opinions. Otherwise, the European Commission could decide to refer the matter to the Court of Justice of the EU. (Original version in French by Agathe Cherki)