Verdict Against Hungary: The Evil Morality of the European Judges

The ruling by the European Court of Justice against Hungary, as reported by Die Presse, represents a significant clash between Hungarian national policy and EU fundamental values. The court's decision, which found Hungary's law targeting sexual minorities to be discriminatory and stigmatizing, is viewed through the lens of European legal principles versus national sovereignty. For Austrian readers, familiar with the EU's legal framework and its emphasis on fundamental rights, this judgment is a critical affirmation of those principles.

Die Presse frames the issue by drawing parallels to historical stigmatization, referencing Nathaniel Hawthorne's 'The Scarlet Letter.' This literary comparison underscores the gravity of the court's finding: that Hungary's law, by restricting information and visibility for LGBTQ+ individuals, effectively creates a form of public shaming and marginalization. The article highlights the court's 'innovative' step in identifying violations not just of specific laws, but of the core values enshrined in Article 2 of the EU Treaty, such as respect for human dignity and non-discrimination.

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In an age where seeing and being seen matters, it is not only the compulsion to wear a visible sign that stigmatizes, but also the prescribed invisibility.

The Hungarian government's defense, arguing that its law was intended to protect minors and that EU laws should merely articulate and realize these values, was dismissed. The ECJ asserted that the values themselves are paramount and that violations thereof, particularly when 'manifest and particularly serious,' warrant strong condemnation. This aspect of the ruling is crucial, as it elevates the protection of fundamental rights to the highest level of EU legal concern.

From a Central European perspective, this case is particularly sensitive. It touches upon debates about national identity, cultural values, and the extent to which EU law should supersede national legislation, especially on social issues. Die Presse's critical tone towards Hungary's law, while aligning with the ECJ's judgment, also reflects a broader European discourse on the rule of law and the protection of minority rights within the Union. The implication is that a member state's 'non-conformity' can render it 'suspect' in the eyes of the EU, raising questions about Hungary's future standing within the bloc.

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The values are normatively significant precisely because of their radiating manifestation in the lower legal strata.