https://en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union
Charter of Fundamental Rights of the European Union
https://fra.europa.eu/en/eu-charter/article/11-freedom-expression-and-information
- Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
I know that this isn't identical to the First Amendment in the US. It doesn't explicitly prohibit laws against assembling, for one:
https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
And legal interpretations from cases won't be the same. But there's gotta be at least some argument that this runs afoul of the EU treaties and should be challenged under those.
The European Convention on Human Rights does explicitly prohibit restrictions on assembly, but it also explicitly has an exception if it's to protect morals, which I assume is the grounds under which Hungary is acting in banning LGBTQ+ groups assembling:
https://en.wikipedia.org/wiki/Article_11_of_the_European_Convention_on_Human_Rights
Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.