Parliamentary question

Written question to the European Commission

Over the last two years, almost 100 Polish municipalities, regions and voivodeships have adopted anti-LGBTI resolutions either declaring themselves free from so-called LGBT ideology or adopting the ‘Regional Charters of Family Rights’. These resolutions have already been declared unlawful by four administrative courts in Poland, which ruled that they are discriminatory against LGBTI people. This means that they violate both Polish and EU law, namely the Charter of Fundamental Rights of the European Union, Article 21 of the Treaty of the Functioning of the European Union and Council Directive 2000/78/EC. In September 2020, ILGA-Europe (the European arm of the International Lesbian, Gay, Bisexual, Trans and Intersex Association) and the Polish LGBTI rights organisations Kampania Przeciw Homofobii (Campaign Against Homophobia) and Fundacja Równośc (The Equality Foundation) submitted a legal complaint to the Commission about the ‘LGBT-free zones’. Over 400 individual complaints have also been sent to the Commission by Polish LGBTI persons who shared their stories of discrimination.

In the light of the above:

1. At what stage of assessment is the complaint submitted by ILGA-Europe, Kampania Przeciw Homofobii and Fundacja Równośc?

2. Which Commission Directorate-General is responsible for evaluating the complaints about the so-called LGBT-free zones?

3. Is the Commission planning to initiate an infringement procedure against Poland on the basis of the complaints? If not, what is holding it back?

Answer given by Commissioner Dalli on behalf of the European Commission

The Commission is strongly committed to combat discrimination against lesbian, gay, bisexual, transgender, non-binary, intersex and queer (LGBTIQ) people across the EU, within the powers conferred to it by the Treaties.

The Commission is aware of the concerns raised by the complaint about the ‘LGBT ideology-free zones’ in Poland submitted by ILGA-Europe, Kampania Przeciw Homofobii and Fundacja Równośc.

In order to thoroughly assess the situation in Poland in the light of EC law, the Commission has started a dialogue with the Polish authorities. The Commission’s assessment of the response by the Polish authorities is ongoing.

The Commission will decide on the next steps based on the outcome of the assessment, including the possibility of launching an infringement procedure.