By: Lena Marie Christnacht

 A controversial debate took place over the idea of showing the Allianz Arena in Munich in the colors of a rainbow. Ultimately, UEFA prohibited the so-called “rainbow protest” because of its “neutral and apolitical character.” But what is the context of this story?

The Hungarian Parliament just recently passed a law that prohibits the depiction of homosexuality in the media. The president of the EU-Commission, Ursula von der Leyen, called it a shame, and many other member-states of the EU criticized the new law. However, Hungary persists in the criticism leaving everyone wondering what will happen next.

Each state that has joined the EU must follow the laws of the Treaty on the European Union (TEU). Article 2, one of the most important, provides us with a rundown of the values the EU considers essential regarding human rights and the rights of minorities. Enumerated are tolerance, justice, and non-discrimination. Generally, the member-states of the EU are sovereign countries meaning that they are independent and powerful countries. However, as the European Union evolved, its influence on national law and procedures has increased. Therefore, according to article 7 of the Treaty on European Union, the council of the EU can determine a violation of the aforementioned mentioned principles. A Member-state that violates the principles of the EU may face the suspension of its voting rights in the EU as a last resort. It is required that every EU member state, except the state violating the principles, accepts the suspension of the state’s voting rights. Therefore, Hungary might face the loss of its voting rights in the EU. An obstacle to such an outcome is Poland, as its ruling party supports the Hungarian law. Poland has the right to interfere in this procedure as a member of the European Union. It is therefore not surprising that they have publicly announced that they would not vote against Hungary. As a consequence of this decision, the voting rights of Hungary are not going to be suspended.

Right now, the only possibility at the EU’s disposal is to file an action against Hungary at the European Court of Justice due to violation of the TEU, which will most likely lead to monetary fines. 

  In conclusion, Hungary does violate fundamental principles of the EU, but at the same time, its elected national Government legally passed the new law through the Parliament. Different values and procedures are being confronted and neither wants to back down.