Thread by @StevePeers

Some points on the Commission's letter to Hungary re its LGBT law

First of all, it's not explicit what the next step would be, although it's implied that the next step would be infringement proceedings against Hungary, if the law enters into force.

https://twitter.com/EU_Commission/status/1407704051416973314?s=20

On the substance, the letter is carefully drafted. Yes, the EU Charter provides for non-discrimination on grounds of sexual orientation, but the Charter, as confirmed by case law, applies to Member States only where they are implementing EU law.

Hence the need for the Commission to argue that the Hungarian law would affect free movement of services and the EU's e-commerce and audio-visual services Directives.

There's EU law that explicitly provides for non-discrimination *in employment* on grounds of sexual orientation, and CJEU case law on LGBT asylum cases and free movement law, but no case law AFAIK on these further issues yet.

In terms of process, an infringement proceeding, if it starts formally (which it hasn't yet) consists of a letter, followed by a reasoned opinion, followed by a referral to the CJEU. The pre-litigation stages can take a couple of months each, but they can be fast tracked a bit.

The Court action might take 18 months to 3 years, but the Commission can ask for interim measures in the meantime. If Hungary loses and doesn't implement the judgment, the Commission can start a second infringement action, requesting fines be imposed.

This is separate from the question of whether the Commission should invoke the EU law on budget conditionality - which provides that EU funds can be withheld if there are rule of law breaches *affecting EU financial interests*.

What do I think of the merits? Well, you can never be certain what a court will rule. The Commission would have to prove that there is some impact on broadcasting, intermediary liability, or service provision.

https://twitter.com/ConcreteNoun/status/1407720083678507013?s=20