On 27 April 2022, the Romanian Senate adopted tacitly a draft bill proposed by a Hungarian minority party (UDMR), a government coalition partner with PSD (S&D) and PNL (EPP).
It provides for «protecting the child against the dissemination by any means of content regarding the deviation from the sex established at birth or the popularisation of sex change or homosexuality».
A tacit adoption happens only in the first chamber, in this case the Senate. Wherever the law is first tabled, a tacit adoption can follow. The second chamber is the deciding one, where the debate and vote on the bill happen. Since the bill was not voted on or debated during 45 days, it was adopted and moves to the Chamber of Deputies. The bill amends Law no. 272/2004 on the protection and promotion of the rights of the child.
The initiators argue in a memorandum that «in the societies of Western Europe we are witnessing today an assault on new ideologies, such as gender theory, which endanger traditional values, based on Christianity, and the very core of society – the Christian family»1. The bill represents a deviation from the Romanian Constitution and the Constitutional Court’s decisions.
Malin Björk MEP (Left), LGBTI Intergroup Vice-President, comments:
Hungarian tactics have spread to Romania through the vehicle of the Hungarian minority UDMR party, who draws inspiration from the Fidesz playbook. This bill, which frighteningly mimics that of Hungary, is but another attempt to galvanise hatred in Romania. This bill has no human rights compliance and serves no societal purpose but to ostracise further those already discriminated against. We urge Members of Parliament to be clear and resolute in striking it down.
Marc Angel MEP (S&D), LGBTI Intergroup Co-Chair, concludes:
We have been around for long enough to know that hatred spreads fast and through borders. This bill bears uncanny resemblance to Russia’s policy of encouraging anti-LGBTI movements. Despite a failed referendum in 2018, the Romanian right-wing does not cease its efforts to campaign against what it disingenuously calls ‘LGBTIQ ideology’ and ‘propaganda’. Conflating paedophilia, homosexuality and gender diversity is despicable, but if that is not enough, let us realise which government the bill draws inspiration from. We call on our fellow legislators to consider seriously the human rights implications of this bill and to reject it at the first opportunity.
Background information:
On 15 July 2021, the Commission initiated infringement procedures against Hungary due to the ‘anti-LGBTIQ’ law adopted in Parliament2. On December 2021, the Commission sent a letter of reasoned opinion to the Hungarian government laying out the legal arguments that establish lack of compliance of the Hungarian law with EU law. On 3 April 2022, the referendum held by the Hungarian government on LGBTIQ issues was categorically invalid, as it did not reach the minimum threshold of 50% for either answer to any of its four questions (‘yes’ or ‘no’).
1 HotNews.Ro (28 April 2022), “Senatul a adoptat tacit un proiect de lege anti-LGBT depus de șapte parlamentari UDMR și similar celui din Ungaria lui Viktor Orban”, accessible at www.hotnews.ro/stiri-politic-25523895-senatul-adoptat-tacit-proiect-lege-anti-lgbt-depus-sapte-parlamentari-udmr-similar-celui-din-ungaria-lui-viktororban.htm.
2 European Commission (15 July 2021), “EU founding values: Commission starts legal action against Hungary and Poland for violations of fundamental rights of LGBTIQ people”, accessible at
ec.europa.eu/commission/presscorner/detail/en/ip_21_3668.
