In a letter to President Tamás Sulyok, Viktor Orbán informed Hungary's head of state that his government will reject a ruling by the Court of Justice of the European Union regarding the country's 2021 child protection legislation. Gergely Gulyás, the incoming parliamentary group leader of Orbán's Fidesz party, publicly shared the letter on Facebook, stating that "child protection belongs to Hungary" and that such decisions must be made domestically. Orbán is scheduled to leave office on May 9, 2026, following Fidesz's defeat in April parliamentary elections.
The CJEU ruled on April 21, 2026, that Hungary violated EU law through amendments adopted in 2021. The European Commission and the court found that provisions of the legislation unlawfully restricted content relating to LGBTQ+ people, with the court determining that Hungary acted in breach of EU law by adopting measures that "stigmatises and marginalises" LGBTI+ persons. The Commission had argued the legislation was discriminatory and stigmatizing, a position the court accepted.
In his letter, Orbán characterized the CJEU's decision as "political" rather than legal. He contended that the judgment disregarded Hungary's Fundamental Law and conflicted with constitutional provisions enacted under Fidesz's two-thirds parliamentary majority, including clauses defining family and sex as well as language protecting children's identity.
The case emerged from infringement proceedings launched by the European Commission in 2021, shortly after Hungary passed the legislation. When negotiations failed to resolve the dispute, the Commission brought the matter before the CJEU in December 2022. Multiple EU member states intervened in support of the Commission's position.
Orbán's refusal to implement the judgment creates a direct confrontation with EU legal enforcement mechanisms, as CJEU rulings are binding on member states in matters covered by EU law. Under EU procedures, continued non-compliance can lead to financial penalties. The standoff occurs amid Hungary's political transition, with Péter Magyar's Tisza party having won a large parliamentary majority in April elections, ending Orbán's 16-year tenure as prime minister.
