Historic Opinion confirms Hungary infringed EU law and Article 2 TEU

On 5 June 2025, the Advocate General Ćapeta of the Court of Justice of the EU (CJEU) delivered a landmark opinion in the case against Hungary’s 2021 ‘anti-LGBTQI+ propaganda’ law — a key milestone in Europe’s fight for LGBTIQ+ rights and for the defence of EU values.

The Opinion confirms what civil society and 16 Member States have argued for 4 years: Hungary’s law violates EU law at multiple levels, including:

  • Violations of the Charter of Fundamental Rights (freedom of expression and information, non-discrimination on grounds of sex and sexual orientation, respect for private and family life, right to human dignity);
  • Violations of freedom to provide and receive services;
  • And crucially, for the first time in history— a self-standing violation of Article 2 TEU, the article that defines the Union’s core values of democracy, equality, and human rights.

“This is a major legal step,” said Rémy Bonny, Executive Director of Forbidden Colours. “For the first time, the Court is invited to confirm a self-standing Article 2 violation. It proves that Hungary’s actions are not a policy disagreement — they are an attack on the very foundations of the Union.”

 

The significance of this Opinion

This case has become the largest human rights case in EU history, supported by 16 Member States and the European Parliament. The Advocate General considers that the action of the European Commission is well founded in relation to all grounds, fully endorsing the Commission’s case: Hungary’s law violates EU law and EU values.

“The Advocate General is clear: LGBTIQ+ equality is not up for debate in the EU,” said Esther Martinez, Executive Director of Reclaim. “Discrimination and marginalisation of LGBTIQ+ people cannot be justified — they breach the core values of the Union.”

If the Court follows the Advocate General opinion in considering that Article 2 has been breached by Hungary, this would break the paralysis of the Article 7 political process, which has stalled since2018. Member States would have to act.

 

Implications for Hungary’s Pride ban

The 2025 ban on Budapest Pride is a direct extension of the 2021 ‘anti-LGBT propaganda’ law’s logic.

By confirming that the 2021 framework violates EU law and Article 2 TEU, the Advocate General’s Opinion undermines the legal basis for Hungary’s Pride ban — and strengthens the case for immediate Commission action.

“This Opinion should be a wake-up call,” said Vincent Reillon, Senior Advocacy Officer at Forbidden Colours. “The Commission cannot remain silent while Hungary bans Pride. It must act now: launch infringement, request interim measures, and block EU funds with conditionality mechanisms.”

 

Next steps

  • The Advocate General’s Opinion is not binding but is highly influential — the Court’s final ruling is expected later this year.
  • Forbidden Colours and Reclaim call on the Commission and Member States to:
    • Act on the Pride ban immediately by opening a new infringement procedure and requesting interim measures to suspend the law;
    • Be ready to implement a Court ruling on Article 2 TEU

“This is no longer about Hungary alone,” said Bonny. “It is about the EU’s credibility as a Union of values. The Court has been given a clear path. We call on the 27 judges to rule following the opinion of the Advocate General. When the Court confirms the Opinion, the Commission and the other Member States will have no choice but to act — politically and legally.”

 

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