Laszlo Dornfeld: Child Protection Law Case Sends a Message to Hungary’s New Government

The ruling by the Court of Justice of the European Union on Hungary's child protection law goes beyond a legal dispute: it could serve as yet another instrument of political pressure from Brussels against the country, Laszlo Dornfeld told Magyar Nemzet. Both the timing and the substance of the ruling send a clear message to the new Hungarian government regarding the expectations the European Commission has, the senior analyst at the Center for Fundamental Rights pointed out.

According to the analyst, this is not the first case where political considerations may have influenced the timing of EU decisions. As an example, he mentioned the issue of phasing out Russian energy, which the European Parliament had initially planned to debate in mid-April.

Although the debate was ultimately taken off the agenda due to the situation in Iran, there is little doubt that the issue will resurface,

he noted.

Hungary’s new government may find itself in a difficult political position regarding child protection regulation, said Laszlo Dornfeld.

The Tisza Party’s two-thirds victory surprised decision-makers in Brussels, who likely did not expect this scenario. That is precisely why they may now set increased expectations for the new government,

the analyst said, adding that the European Commission may expect not only the fulfillment of previously defined super milestones, but also alignment of migration and child protection rules with EU expectations.

It is quite conceivable that the release of further EU funds will also be tied to these decisions,

he emphasized.

Laszlo Dornfeld also highlighted that the Tisza party had deliberately avoided taking clear positions on major civilizational issues in the past.

“This made it possible for right-wing voters to open toward the party, even if they tended to support Fidesz’s position on these issues. Now, however, the Tisza will have to make clear decisions on these matters as well,” he said.

This means the new government will face serious political balancing in the coming period, the expert pointed out.

For Peter Magyar, it will be a serious challenge to meet Brussels’ expectations while not losing a significant portion of his ideologically diverse voter base,

Laszlo Dornfeld concluded.

As is known, shortly after the Hungarian elections, the Court of Justice of the European Union issued a condemning ruling in the case of Hungary’s child protection law in proceedings initiated by Brussels. According to the Luxembourg court, the regulation violates EU law in several respects, particularly provisions relating to fundamental rights and the functioning of the internal market.

According to the decision, the court objected to restrictions on content related to gender identity appearing in media and advertisements, finding them incompatible with EU regulations. It also found certain elements of the registry of individuals convicted of pedophile crimes to be unlawful.

The procedure was launched in 2021 by the European Commission, which argued that the Hungarian law violates several EU norms. According to the Commission’s position, the regulation conflicts not only with the provisions of the EU Charter of Fundamental Rights, but also affects the free movement of services and data protection rules. At the same time, the court emphasized that child protection is in itself a legitimate objective, but the tools applied by the Hungarian regulation do not meet the necessity and proportionality test required by EU law. According to the ruling, the contested provisions are overly general and are not tailored to specific, individual risks.

Cover photo: Illustration (Photo: MTI)