By 
06-10-2024
Maria Pilarczyk
Europe Researcher,
Global Human Rights Defence
This week, the European Commission announced that it will take Hungary’s right-wing government to court. Legal action began over a national law that breaches the human rights and provisions that lie at the core of the EU law.
The ‘Defence of Sovereignty’ act was already approved in December, backed by Viktor Orbán’s party under the pretence of protecting national sovereignty. The law established a ‘Sovereignty Protection Office (SPO)’ that has been tasked with investigating people and organisations threatening the constitutional sovereignty of the state (Liboreiro, 2024). The office is authorised not only to investigate but also to prosecute for undermining national sovereignty. Moreover, the Hungarian secret services assist in the process of gathering information on any individual organisation (AP News, 2024). The Hungarian right-wing government claimed that the law had been imposed to prevent political parties from receiving funding from abroad. In their explanations, the law is supposed to protect the democratic debate and electoral process in Hungary by not letting foreign funding act in favour of the interests of another state or foreign organ.
Despite these explanations, the law has been compared to Russia’s ‘foreign agent’ law, according to which receiving foreign funds makes any person, even journalists or advocacy groups, another country’s agent (AP News, 2024). Meanwhile, Viktor Orban has already been known for naming his opposition ‘Western-paid’ agents (Liboreiro, 2024). The new Hungarian law is broad and leaves space to be used to target those criticising the government, in line with the ruling party’s rhetoric. Now, journalists or workers of non-governmental organisations can be convicted and sent to prison for up to three years, thanks to the new law.
The European Commission issued an official statement that the ‘Defence of Sovereignty’ act clearly violates multiple rights and freedoms that are enshrined in the European Union law. The law gives unproportional competencies and reach to the new office which overpowers its effect on civil society organisations, media outlets, and journalists (Al Jazeera, 2024). In the context of Hungarian undemocratic politics, it is feared to be a tool against opposition voices in the country. As a consequence, the Hungarian government violates the right to respect for private and family life, freedom of expression, and freedom of association, for which it will be taken to the Court of Justice.
The action started in February with an official notice. But upon insufficient and “unsatisfactory” (Liboreiro, 2024) answers from the Hungarian government, the executive body of the EU has now announced a lawsuit which is already the next step in the legal procedure in this case.
Sources and further readings:
Al Jazeera. (2024, October 3). EU takes Hungary to court over “sovereignty” laws. https://www.aljazeera.com/news/2024/10/3/eu-takes-hungary-to-european-court-of-justice-over-soverignty-laws
AP News. (2024a, February 7). The EU launches legal action against Hungary over new law accused of targeting critics. AP News. https://apnews.com/article/european-union-hungary-sovereignty-law-democracy-funds-f0024283a6bf6f4bc78b567f59d8e3ee
AP News. (2024b, October 3). Eu is taking Hungary to court. it says a law targeting foreign influence really targets basic rights. AP News. https://apnews.com/article/eu-hungary-court-foreign-influence-rights-law-0575741ffb5369326f4d1795a2d298fa
Infringement procedure. European Commission. (n.d.). https://commission.europa.eu/law/application-eu-law/implementing-eu-law/infringement-procedure_en
Liboreiro, J. (2024, October 3). Brussels takes Hungary to court over “national sovereignty” law. euronews. https://www.euronews.com/my-europe/2024/10/03/brussels-takes-hungary-to-court-over-its-controversial-national-sovereignty-law
Wires, N. (2024, October 3). EU sues Hungary for criminalising groups that receive foreign funding, including ngos. France 24. https://www.france24.com/en/europe/20241003-eu-takes-hungary-to-court-over-sovereignty-law-seen-as-silencing-critics-viktor-orban
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