Hungary will not implement a recent ruling by the Court of Justice of the European Union concerning its child protection law, Prime Minister Viktor Orbán said in a letter addressed to President Tamás Sulyok.
The letter, dated 30 April and published by Gergely Gulyás, argues that the court’s decision was ‘clearly political’ and raises serious legal and constitutional concerns within the European Union framework.
According to Orbán, Hungary is obligated to defend its sovereignty and constitutional identity, which he described as fundamental limits on the joint exercise of powers within the EU. He said the ruling infringes on both principles.
The dispute stems from a case launched by the European Commission in December 2022, which challenged Hungary’s legislation aimed at strengthening measures against paedophile offenders and regulating content related to sexuality and gender identity. The EU court ruled against Hungary on 21 April 2026.
Orbán criticized the legal basis of the ruling, noting that the court relied largely on internal market regulations. He argued that the decision extends such rules beyond their intended scope, including into education policy, an area traditionally under national jurisdiction.
The court found that restrictions on content depicting or promoting deviations from birth gender identity, gender reassignment, or homosexuality constitute direct discrimination based on sex and sexual orientation. It also concluded that such content cannot automatically be considered harmful to children.
Orbán rejected this interpretation, stating that the ruling undermines parental rights and national authority over education. He emphasized that Hungary’s constitution guarantees parents the right to raise their children according to their moral and educational beliefs.
He further argued that the decision conflicts with Hungary’s constitutional framework, which defines family as based on marriage and parent-child relationships, and affirms a binary concept of gender. The constitution also prioritizes children’s rights to physical, intellectual, and moral development above other fundamental rights.
The prime minister said the court’s reasoning effectively subordinates child protection to anti-discrimination principles, which he considers incompatible with Hungary’s legal order.
Orbán also warned that the ruling sets a precedent within the EU by invoking fundamental values under Article 2 of the EU treaties in a way that could broaden the scope of future legal challenges against member states.
The government’s position signals a deepening legal and political conflict between Hungary and EU institutions over the balance between national sovereignty and European law.
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