Fresh from his landslide win in a vote that ousted the 16-year-rule of nationalist Viktor Orbán, Péter Magyar is facing a new test in his incoming government, just before he assumes office in May, after the European Union's top court ruled on Tuesday that the country's LGBTQ law violates the EU rules.
ECJ Reports Violation in Article 2 of the EU Treaty Rules
In a landmark judgment, the European Court of Justice (ECJ) ruled that the law, which was passed in 2021 under Orban's government, breaches fundamental EU rights, including non-discrimination and human dignity.
The ECJ particularly noted that the law violated Article 2 of the European Union treaty, which states that 'the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities'.
It was the first time an EU member country has been found guilty of having violated this provision of the bloc's law.
The ECJ said the law 'is contrary to the very identity of the Union as a common legal order in a society in which pluralism prevails'.
'Hungary cannot validly rely on its national identity as justification for adopting a law which is in breach of the values referred to above', the court added.
What is the LGBTQ Law, and What Are Its Controversial Provisions?
In 2021, the government, under the leadership of Orban, passed the legislation in the guise of tightening the child protection law. Under this, the government restricted the promotion of homosexuality to under-18s.
Critics of the law have long been arguing that the legislation stigmatises LGBTQ individuals by confounding them with harmful content.
In 2025, the government introduced new laws and a constitutional amendment that banned the Budapest Pride March, arguing that the move aims to protect children from 'sexual propaganda', Al Jazeera reported.
The ECJ said the Hungarian law broke several rights, including the right to equal treatment regardless of sex or sexual orientation, the right to privacy and family life, and the right to free expression and access to information.
Pressure Is On For Péter Magyar As He Assumes Position in May
With Orbán set to leave and Magyar's leadership beginning in May, Hungary's new government is under strong pressure over whether it will amend or repeal the law or continue to challenge the EU ruling.
During his election campaign, Magyar, also a conservative, did not take a clear stance on LGBTQ rights. But in his victory speech, the new leader said he wants Hungary to be a country 'where no-one is stigmatised for thinking differently than the majority, or loving differently than the majority'.
He also promised to take a much more pro-European stance in Hungary's relationship with the EU, the BBC reported.
'If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office', said Katja Stefanec Gärtner of LGBTQ rights group Ilga-Europe.
She added that with the landmark EU ruling, there is enough reason for the European Commission to demand the country to scrap the law.
According to the European Commission, one of the issues it will tackle with the new government is the anti-LGBTQ law once Magyar officially starts.
