Raising the stakes: Hungary faces growing EU pressure for child protetcion law!

Hungary is heading to the European Court of Justice (ECJ) on last Tuesday over a controversial child protection law that has faced criticism since its introduction in 2021. Critics, including the European Commission and numerous EU member states, have labelled it anti-LGBTQ+, claiming it discriminates under the pretext of regulating sexual education, adoption, and media content.

According to Portfolio, the European Commission initiated infringement proceedings against Hungary last year, arguing that the law conflicts with EU principles of equality and fundamental rights. The case has since escalated, with 16 other member states joining the legal challenge. Such a level of involvement is unprecedented in a case of this kind, highlighting the profound impact it has across the bloc.

The ECJ’s ruling could do more than determine the future of this law—it could redefine Hungary’s relationship with the EU and set a precedent for how the Union addresses member states accused of deviating from shared democratic values.

Photo: Daily News Hungary

What could this case mean for Hungary?

The court’s Advocate General is expected to deliver a preliminary opinion in the coming months, but the final ruling will likely take longer. Whatever the outcome, it will almost certainly influence the EU’s broader stance on Hungary. For years, the European Council has hesitated to invoke Article 7—a process that could strip Hungary of its voting rights in the EU—but that caution may diminish if the court delivers a strongly unfavourable ruling against the Hungarian government.

As Portfolio reported, Germany has already called for renewed discussions on Article 7, with the issue returning to the agenda during this week’s Council meeting. Although no concrete actions are expected immediately, the mounting pressure on Hungary is evident.

This legal battle is not just about political ideology—it has significant financial implications. Hungary has already lost access to €600 million in EU cohesion funds, with the EU citing breaches of its Charter of Fundamental Rights. Depending on the outcome, this case could either exacerbate those financial losses or pave the way for the restoration of much-needed funds. Either way, the stakes are high, particularly as Hungary’s economy continues to face difficulties.

Photo: depositphotos.com

A really bad timing

This case comes during a period of heightened tensions between the EU and Hungary’s government. While Brussels accuses Hungary of undermining democracy and fundamental freedoms, the Hungarian government has doubled down on its narrative, with pro-government think tanks such as the Nézőpont Institute deflecting blame onto the EU itself. The result is a fraught political tug-of-war, making consensus increasingly elusive.

Beyond the political and legal wrangling, a more fundamental question looms: what happens when a member state openly defies the Union’s core principles?

What comes next for Hungary and the case?

The ECJ’s decision could have far-reaching implications for the EU’s ability to enforce its values, not just with Hungary but with any member state that challenges its rules. This moment is critical for Hungary, which is facing increasing isolation within the Union.

In the coming months, the debate is set to intensify. Whether the outcome promotes unity or deepens divisions remains uncertain, but one thing is clear: the EU’s identity and future direction are as much on trial as Hungary’s law.

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