Lgbt, EU infringement procedures for Poland and Hungary

Double response of the European Commission to Poland and Hungary, for the regulations concerning the LGBT community. The EU executive in the July package launched two infringement procedures, with two letters of formal notice, for the protection of equality and fundamental rights: one against Budapest for the law, recently adopted, which prohibits or limits the ‘access by minors to content that promotes or represents the so-called “gender identity divergence at birth, sex change or homosexuality” and against a’ disclaimer ‘imposed on children’s books with LGBT content. As regards Poland, on the other hand, the Commission considers that the Polish authorities have not responded fully and completely to its requests for clarification on the nature and impact of the so-called “zones free of LGBT ideology”, established by various regions and Polish municipalities. The two Member States now have two months to reply to the arguments put forward by the Commission; otherwise, it could move on to the second stage of the procedure, the reasoned opinion and then refer them to the EU Court of Justice. Meanwhile, the European Commission is “deeply concerned” by the decision taken by the Polish Constitutional Court, which established that a decision of the Court of EU Justice must be ignored, a decision that “confirms our concerns for the rule of law in Poland”. The executive “expects Poland to ensure that all decisions of the EU Court of Justice are correctly implemented”. This was stated by the chief spokesman of the European Commission Eric Mamer, during the press briefing in Brussels. Yesterday the EPP commented on the move by the Polish Constitutional Court as the first step towards exiting the EU. “EU law takes precedence over national law – recalls Mamer – all decisions of the EU Court of Justice are binding” for the authorities and courts of the member states, given that “EU citizens must be protected in the same way “across the EU. “We will not hesitate to make use of the powers that are attributed to us by the treaties to safeguard EU law”, concludes Mamer. The decision of the EU Court “The new disciplinary regime adopted by Poland towards the judges of the Supreme Court and the judges of the ordinary courts is “incompatible” with EU law. This is what was established by the Court of Justice of the European Union, which accepts the Commission’s appeal, declaring that Warsaw “has not respected its obligations under EU law”. Poland now “must take the necessary measures to rectify the situation”.