Drawing the line on the Union’s values: Commission v Hungary (C-769/22) and the (queer) politics of LGBTQ+ rights in the EU. Assessing the promises and uncertainties of the self-standing article 2 TEU
| dc.contributor.advisor | Vial, Claire | |
| dc.contributor.author | Theunis, Janne Marie F. | |
| dc.date.accessioned | 2026-09-28T07:48:32Z | |
| dc.date.issued | 2026 | |
| dc.description | Second semester University: Université de Montpellier. Awarded thesis | |
| dc.description.abstract | In 2021, the Orbán-led government adopted an anti-LGBTQ+ law prohibiting the promotion and portrayal of LGBTQ+ content across several domains in the name of child protection. Against the background of sixteen years of constitutional backsliding in Hungary and a contrasting expansion of LGBTQ+ protection at EU level, the European Commission initiated an infringement action before the Court of Justice, invoking not only secondary EU law and Charter rights but, most significantly, a breach of Article 2 TEU, containing the core values of the Union. This thesis examines the resulting landmark judgment, Commission v Hungary C-769/22, through a dual methodology, combining a doctrinal analysis with Queer Legal Theory as a critical lens. It traces the Court’s argumentative logic in earlier LGBTQ+ case law together with the political developments in Hungary leading up to the anti-LGBTQ+ law. The thesis further reveals the fundamental rights dimension underlying the Court’s reasoning on secondary law and Charter rights and addresses the novelties, uncertainties and questions raised by the first-ever finding of an Article 2 TEU breach. The analysis is completed by adding a political dimension to assess the paradoxical effects this judgment generates and the queer experiences that remain unaddressed within a rights-protective framework. | |
| dc.identifier.uri | https://repository.gchumanrights.org/handle/20.500.11825/3423 | |
| dc.identifier.uri | https://doi.org/10.25330/3326 | |
| dc.language.iso | en | |
| dc.relation.ispartofseries | Global Campus Europe (EMA) theses 2025/2026 | |
| dc.subject | Hungary | |
| dc.subject | European Union | |
| dc.subject | LGBTI rights | |
| dc.subject | Court of Justice of the European Union | |
| dc.subject | case law | |
| dc.subject | Charter of Fundamental Rights of the European Union | |
| dc.title | Drawing the line on the Union’s values: Commission v Hungary (C-769/22) and the (queer) politics of LGBTQ+ rights in the EU. Assessing the promises and uncertainties of the self-standing article 2 TEU | |
| dc.type | Thesis |