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The advocate general of the Court of Justice of the European Union (CJEU) said Hungary infringed European law by restricting access to LGBTQ+ content in an advisory opinion published Thursday.
Tamara Ćapeta stated that Hungary has deviated from the EU’s values and recommended the CJEU find that the nation infringed Article 2 of the Treaty of the European Union (TEU):
Hungary’s amendments restrict the freedom to provide and receive services, which are granted through the Treaty on the Functioning of the European Union (TFEU). Articles 49 through 55 establish the right of establishment; Articles 56 to 62 establish the right to services. The amendments also allegedly breach EU directives on electronic commerce, services, audiovisual media and data protection.
Hungary was additionally said to have infringed Articles 1, 7, 11 and 21 of the Charter of Fundamental Rights of the European Union (CFR). Allegations include infringement on the freedom of expression, freedom of information, the right to privacy and family life, the right to human dignity and the prohibition of discrimination on the basis of sex and sexual orientation. Ćapeta said that Hungary’s laws “are based on a value judgment that homosexual and non-cisgender life is not of equal value or status as heterosexual and cisgender life.”
Article 253 of the TFEU mandates that advocate generals “assist” the CJEU, directing them to act with “impartiality and independence.” However, their opinions are not legally binding.
In May, EU member states signed and published a declaration condemning Hungary’s crack down on the rights of LGBTQ+ people. On June 1, Budapest police justified banning a march through the strict laws, claiming the assembly resembled “Budapest Pride.”
The post EU official condemns Hungary’s restrictions on LGBTQ+ content appeared first on JURIST - News.
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Tamara Ćapeta stated that Hungary has deviated from the EU’s values and recommended the CJEU find that the nation infringed Article 2 of the Treaty of the European Union (TEU):
In 2021, the Hungarian government introduced legislative amendments that prohibited and restricted LGBTQ+ content that “portrays or promotes gender identities that do not correspond to the sex assigned at birth, sex reassignment or homosexuality.” The European Commission — the main executive body of the European Union (EU) — responded by bringing an infringement action against the country and requested the CJEU to announce the violation. The Hungarian government titled the legislative action “Act LXXIX (79) of 2021: adopting stricter measures against persons convicted of paedophilia and amending certain laws for the protection of children.”
Hungary’s amendments restrict the freedom to provide and receive services, which are granted through the Treaty on the Functioning of the European Union (TFEU). Articles 49 through 55 establish the right of establishment; Articles 56 to 62 establish the right to services. The amendments also allegedly breach EU directives on electronic commerce, services, audiovisual media and data protection.
Hungary was additionally said to have infringed Articles 1, 7, 11 and 21 of the Charter of Fundamental Rights of the European Union (CFR). Allegations include infringement on the freedom of expression, freedom of information, the right to privacy and family life, the right to human dignity and the prohibition of discrimination on the basis of sex and sexual orientation. Ćapeta said that Hungary’s laws “are based on a value judgment that homosexual and non-cisgender life is not of equal value or status as heterosexual and cisgender life.”
Article 253 of the TFEU mandates that advocate generals “assist” the CJEU, directing them to act with “impartiality and independence.” However, their opinions are not legally binding.
In May, EU member states signed and published a declaration condemning Hungary’s crack down on the rights of LGBTQ+ people. On June 1, Budapest police justified banning a march through the strict laws, claiming the assembly resembled “Budapest Pride.”
The post EU official condemns Hungary’s restrictions on LGBTQ+ content appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.