Procedure for laws against LGBTIQ people. Budapest referred to the EU Court of Justice for asylum seekers. Polish Prime Minister Morawiecki says his reform is no different from those of Berlin and Madrid
The president of the EU Commission, Ursula von der Leyen, had said it before the MEPs gathered in plenary on 7 July last: Europe will never allow parts of our society to be stigmatized: both because of those they love, because of their age, their ethnicity, their political views or their religious beliefs. And yesterday the Commission started one infringement procedure against Hungary and another against Poland for the violation of the fundamental rights of LGBTIQ people.
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Brussels has sent a letter of formal notice and now Budapest and Warsaw have two months to respond to the Commission’s observations, after which the Community executive can decide to send reasoned opinions and subsequently refer the cases to the Court of Justice of the EU. Therefore, the clash continues between the Commission on the one hand and Poland and Hungary led by nationalist right-wing forces on the other, which are breaking the rule of law in several fields. The Commission also referred Hungary to the EU Court of Justice for unlawfully restricting access to the asylum procedure and Italy for gaps in information sharing to combat terrorism and crime..
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Budapest ended up under infringement procedure for two reasons: the law, now in force despite the requests to cancel it by the EU institutions, which prohibits or limits access to content aimed at minors in which the divergence between its own personal identity and sex attributed at birth, sex change and homosexuality; the disclaimer clauses imposed on a children’s book with LGBTIQ content. For the Commission, the anti-Lgbtiq law violates the values contained in Article 2 of the EU Treaty, including the prohibition of discrimination, the directive on audiovisual media services, the directive on electronic commerce, the right to data protection. Hungary went on the attack: Gergely Gulyas, Prime Minister Viktor Orbn’s chief of staff, said at a press conference that Brussels clearly has no say in Hungary’s anti-LGBTI law and must not interfere in areas of national jurisdiction and that its reasoning for legal action is more political than legal, that Budapest sees no violation. of freedom of commerce and are absolutely suspect topics. He then added that if the EU wants to interfere in the sectors covered by the national constitutions, it could shatter the whole Union.
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This latter issue has already been questioned by Warsaw with the ruling of the Polish Constitutional Court of two days ago who claimed that the decisions of the EU Court of Justice on the independence of the judiciary are not compatible with the Polish Constitution. The EU Commission reiterated yesterday that EU law has primacy over national law. All decisions of the EU Court of Justice, including interim measures, are binding and must be applied, otherwise the Commission will use its powers. The Polish premier, Mateusz Morawiecki, complained of discriminatory treatment, arguing that his justice reform does not differ from that of Germany and Spain. The infringement procedure opened yesterday believes that the Polish authorities have not fully responded to his requests for clarification on the nature and impact of the LGBT free zones established since March 2019 by various Polish regions and municipalities.
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July 15, 2021 (change July 15, 2021 | 21:42)
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