The European Commission has decided to file a lawsuit against Hungary at the Court of Justice of the European Union. She believes that the country's law on "protection of sovereignty" violates the law of the European Union.
Points of attention
- The European Commission has filed a lawsuit against Hungary over its 'protection of sovereignty' law, citing violations of EU legislation.
- The lawsuit highlights concerns about fundamental rights, such as the right to privacy, freedom of expression, and the presumption of innocence, as outlined in the EU Charter of Fundamental Rights.
- Hungary's 'protection of national sovereignty' law includes provisions for penalties on prohibited foreign financing and restrictions on organizations perceived to influence elections.
- The European Commission's legal action signifies a clash between Hungarian national law and EU principles, particularly pertaining to internal market freedoms and data protection regulations.
- The lawsuit reflects ongoing tensions between the European Commission and Hungary's government regarding the balance between national sovereignty and adherence to EU laws and values.
The European Commission will sue Hungary
This national law establishes the "Office for the Protection of Sovereignty", whose task is to investigate activities that are allegedly carried out in the interests of another state or foreign institutions, organizations or individuals, which are believed to be involved in the violation of Hungary's sovereignty, the message says. European Commission.
As noted, the restrictions provided by this Hungarian national law also apply to organizations that operate with foreign funding and, as it is assumed, may influence the results of elections or the will of voters.
In February 2024, the commission sent a letter to Hungary with an official notification of its concerns.
Recognizing Hungary's response as unsatisfactory, in May 2024 the commission sent a reasoned opinion in which it repeated its complaints regarding the violation of EU legislation by this law.
In response to this reasoned conclusion, Hungary stated that the "sovereignty protection" law does not violate EU rights and that the concerns expressed are unfounded.
After a thorough evaluation of the response of the Hungarian authorities, the commission believes that the majority of the identified complaints remain unanswered.
It is noted that these complaints relate to several fundamental rights enshrined in the Charter of Fundamental Rights of the EU: the right to respect for private and family life, freedom of expression and information, freedom of association, the right to lawyer confidentiality, as well as the presumption of innocence, which provides for the right do not testify against yourself.
The commission also believes that the law violates several fundamental freedoms of the internal market, the e-commerce Directive, the Services Directive, as well as EU data protection law.
"Protection of national sovereignty" in Hungary: what is known
In November 2023, the ruling Fidesz party of Hungarian Prime Minister Viktor Orbán submitted to the parliament a draft law on the "protection of national sovereignty" directed against improper political interference by foreign individuals or groups.
The project envisages the creation of a separate body for studying and monitoring the risks of political interference and recommendations for changes in legislation.
It also provides for a penalty of up to three years in prison for prohibited foreign financing of parties or groups participating in elections.
