Extra dignitatem nulla auctoritas. The protection of LGTBI+ people and the red line of article 2 TEU Commentary on the Judgment of the Court of Justice of the European Union in case C-769/22 of 21 April 2026, Commission v Hungary

Abstract

The judgment delivered by the Court of Justice on 21 April 2026 in Commission v Hungary (C-769/22) represents one of the most significant decisions in the recent evolution of European “constitutionalism” and the protection of the fundamental rights of LGBTI+ people within the European Union. This article seeks to examine the reasoning developed by the Court, with particular attention to the relationship between the values enshrined in Article 2 TEU, human dignity and the principle of non-discrimination. The ruling assesses the compatibility with EU law of several provisions of the 2021 Hungarian legislation restricting the dissemination of content related to homosexuality and gender identity under the justification of child protection, also affecting the right to education. The commentary tries to highlights how the Court, through a gradual and structured line of reasoning, consolidates the binding legal force of the Union’s values and strengthens the protection of fundamental rights against discriminatory and stigmatizing national measures. It also examines the constitutional significance of the judgment and its potential impact on the future interpretation of Article 2 TEU.