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EU Court Affirms Hungary's Violation of LGBTQ Rights with Recent Legal Opinion

The Advocate General's opinion highlights Hungary’s restrictive LGBTQ legislation as incompatible with EU laws, amid increased tensions between Budapest and EU institutions.
The Advocate General of the EU Court of Justice has issued a non-binding legal opinion stating that Hungary violated EU law by implementing legislative amendments banning or restricting LGBTQ content for minors.

This legal assessment supports ongoing infringement proceedings initiated by the European Commission against Hungary, specifically concerning the 2021 law package that prohibits the sharing of LGBTQ-related information across various platforms, including advertising, media, education, and even family discussions.

This opinion, released on Thursday, asserts that Hungary's law infringes upon fundamental rights enshrined in the EU Charter, including the prohibition of discrimination based on sexual orientation, respect for private and family life, freedom of expression and information, and the right to human dignity.

Furthermore, it characterizes Hungary’s actions as a significant deviation from the constitutional democracy principles outlined in Article 2 of the EU treaties.

The Advocate General's opinion arrives during a period of heightened scrutiny of Hungarian Prime Minister Viktor Orbán's government, which has faced backlash for recent legislation that bans Pride marches and permits police to utilize facial recognition technology to monitor participants.

In a related move, 17 EU member states, spearheaded by the Netherlands, have signed a declaration condemning Hungary's increasing repression of LGBTQ rights.

The Advocate General emphasized that respect for LGBTQ individuals throughout the EU should not be subject to discussion, underscoring that attempts to marginalize specific social groups transgress the fundamental values established by the EU.

In a separate legislative context, the European Commission has proposed suspending the excessive deficit procedure against Hungary, indicating that although the Hungarian government is not strictly adhering to fiscal limits, increased defense spending justifies this leniency.

The excessive deficit procedure aims to ensure EU member states do not exceed budgetary rules for extended periods.

The European Commission is currently evaluating Hungary's fiscal adjustments in light of its rising budgetary deficit and public debt.

Hungary reportedly plans to exceed the projected increase in net public spending by 2025, although this escalation, attributed to defense expenditures, is assessed to remain within the flexibilities allowed under the new fiscal framework.

In the realm of air passenger rights, the EU Transport Council has reached a preliminary political agreement to reform regulations governing passenger protections, emphasizing the need for clearer and more modernized rules.

The proposed adjustments could potentially affect compensation thresholds and aim to simplify the protection frameworks for travelers, which had seen deadlock over the past decade.

The developments in Budapest, alongside EU proceedings, depict a critical juncture in Hungary's relations with the European Union, particularly concerning fundamental rights and fiscal governance as the country navigates its complex political landscape.
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