HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

regulation, administrative action, or lack thereof, taken by the Member State that they believe violates EU law. However, the EC can only address complaints concerning violations of Union law by authorities in an EU country. If your complaint pertains to actions by a private entity and does not involve national authorities, an individual must seek resolution at the national level. Just like with the Ombudsman, data regarding the number of complaints concerning breaches of LGBTQ+ rights and their success rates are currently unavailable. Conclusion This article started from a question about the EU’s approach towards LGBTQ+ friendly identity with the aim to get a better understanding of the current situation. The origin of this politics to be put in the forefront dates back to the enlargement process that has shaped the development of the EU remarkably. This theory, which underpins this approach, is extremely valuable because it determines the response of new member states, whose resistance to this policy can still be seen today, as is the case with Poland and Hungary, for example. While it is thrilling to see the EU making significant progress in promoting LGBTQ+ rights, the negative reaction of the Eastern Member States, centered mainly around concerns about their sovereignty, proved counterproductive. The protection of LGBTQ+ individuals has many levels. Starting off the legal framework serving as a substantive mechanism of protection, the primary law provides a good basis with the Treaties itself that guarantee a sort of constitutional form of protection in more abstract provisions that are focused on the EU’s values. After 2009, the Charter helped to strengthen the role of equality in the EU. However, sexual orientation is predominantly protected in the realm of employment, unlike other forms of discrimination. While race, sex, and other categories are more comprehensively protected by numerous provisions across Union law, this discrepancy may suggest a hierarchical approach to the protection of vulnerable groups, which does not paint a favorable picture for the LGBTQ+ minority. As the above-mentioned mechanisms show, there are various ways to protect LGBTQ+ rights. The analysis demonstrated that making tools such as peer review binding has the potential to enhance the overall situation of the LGBTQ+ community in Member States. From the perspective of LGBTQ+ individuals, the EU does offer certain forms of protection in seeking justice and remedies through various EU institutions. The issue with the tools available to individuals is their narrowness, specifically the very limited ability to appeal, which is restricted to specific situations involving the infringement of rights in dealings with EU institutions. The emphasis on its limitations highlights a significant need for improvement. Addressing the

under EU law. While this article directly refers to the Commission’s ability to act, it implicitly allows individuals to bring potential violations to the Commission’s attention.

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