Press release: MEPs urge Member States to join CJEU case against Hungary’s ‘child protection’ law as third parties

Strasbourg, 14 March 2023

On 14 March, Members of the Parliament’s LGBTI Intergroup urged Member States to join the European Commission in the upcoming court case against Hungary.

The European Commission took legal action against Hungary’s so called ‘child protection’ law, also known as the ‘anti-LGBTI’ law, by bringing it to the EU Court of Justice[1]. This measure followed calls by the European Parliament for a resounding EU response to this law, which does not comply with European values such as non-discrimination and equality. In 2021, 18 Member States signed a joint letter after the adoption of the Hungarian law where they called on the Commission to use legal action[2].

Roughly two years later, Belgium[3], Luxembourg[4], the Netherlands and Portugal[5] joined the case as third parties. Nevertheless, more countries had signed the 2021 declaration. Today’s action calls on the remaining 14 Member States to support the Commission’s case. The MEPs also encourage European citizens to join the call by signing the petition created by NGOs Forbidden Colours, RECLAIM, Háttér Society and Budapest Pride.[6]

Marc Angel MEP (S&D), Co-President of the LGBTI Intergroup, comments:

We are happy that the Benelux countries and Portugal have joined the case. While this is extremely positive, we can aim even higher. We need support from all the 18 member states who signed in 2021 to deliver the clear message that Europe is a place where LGBTI rights are respected, valued and protected. It must be made clear that anti-LGBTI will not be tolerated in our Union and will be challenged in Court.

Kim Van Sparrentak MEP (Greens/EFA), Co-President of the LGBTI Intergroup, concludes:

This will be a landmark case for the Court to interpret whether the Hungarian so-called ‘child-protection’ law is in compliance with our shared European values as defined in Article 2 of the Treaty. We urge Member States to join in and convey the message that we stand for our common European values; and that they include respect for human rights, rule of law and freedom. This must be the norm, not an exception, in our Union.

[1] CJEU, Action brought on 19 December 2022 — European Commission v Hungary (Case C-769/22) (2023/C 54/19), accessible at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62022CN0769.

[2] Press release (22 June 2021), “Eighteen countries unite at Belgium’s initiative to defend the LGBTIQ rights in Europe”. Accessible at: https://www.sophiewilmes.be/en/thirteen-countries-unite-at-belgiums-initiative-to-defend-lgbtiq-rights-in-europe/.

[3] Press Release (13 February 2023), “Belgium’s intervention before the EUCJ to defend LGBTQI+ rights in Hungary”, accessible at https://lahbib.belgium.be/en/belgiums-intervention-eucj-defend-lgbtqi-rights-hungary.

[4] RTL (14 February 2023), “Belgique et Luxembourg s’associent au recours contre la Hongrie, accessible at https://5minutes.rtl.lu/actu/monde/a/2030108.html.

[5] Press release (10 March 2023). “Politico Europe Brussels Playbook: Portugal joins Commission lawsuit against Hungary”. Accessible at: https://www.politico.eu/newsletter/brussels-playbook/qatar-scandal-hits-commission-finlands-next-pm-vdl-in-washington/.

Press contacts:

Office of Marc Angel – Daniel Constantinides (Daniel.Constantinides@europarl.europa.eu)

Office of Kim van Sparrentak – Lowie Kok (Lowie.Kok@europarl.europa.eu)