Associated Press
Thu, October 3, 2024
Hungarian Prime Minister Viktor Orban speaks during a conference at the Ludovika University of Public Service, in Budapest, Hungary, Wednesday, Sept. 25, 2024. (Szilard Koszticsak/MTI via AP)
BRUSSELS (AP) — The European Union announced on Thursday that it is taking Hungary’s right-wing government to court over laws that could allow the authorities to investigate and prosecute people accused of undermining the country’s sovereignty.
The “ sovereignty protection act ″ took effect in December. It created a government authority with the power to gather information on any groups or individuals that benefit from foreign funding and influence public debate. Hungary’s secret services can assist in the authority’s investigations.
Hungarian Prime Minister Viktor Orbán’s government maintains that the act is designed to prevent political parties from receiving funding from abroad for election campaigns.
But opponents have compared it to Russia’s “foreign agent” law, which considers anyone receiving financial support from abroad, including journalists and advocacy groups, to be an agent of another country.
They believe the broad language of the Hungarian law can be used to arbitrarily target government critics including non-governmental organizations and journalists. Anyone convicted of a violation can face prison terms of up to three years.
The EU’s executive branch, the European Commission, said that it was referring Hungary to the Court of Justice because it had failed to address concerns over likely breaches of the bloc’s fundamental rights, including the right to privacy and to freedom of expression and association.
In June, the authority tasked with defending against foreign influence launched an investigation into the Hungarian branch of anti-corruption organization Transparency International. Media have also been targeted.
The commission said the sovereignty protection office has such broad powers that it can “intervene in an intrusive manner in investigations.” Its probes and findings must be given extensive publicity, which is likely to have “a stigmatizing effect” on those targeted.
“The broad powers and discretion of the office will affect a wide range of persons and entities, including civil society organizations, media outlets and journalists in a disproportionate manner,” it said.
The court action is just the latest salvo in a long-running battle between Brussels and Budapest.
In 2022, the commission blocked substantial amounts of money out of concern that democratic backsliding by Orbán’s government could put the bloc’s common budget at risk.
Hungary currently holds the EU’s rotating presidency, until the end of December. Right at the start of its term, Orbán visited Moscow to discuss prospects for a peaceful settlement in Ukraine with Russian President Vladimir Putin, deeply angering his EU partners.
Many countries are protesting by only sending lower-level officials to meetings held in Hungary.
Brussels takes Hungary to court over its controversial 'national sovereignty' law
Jorge Liboreiro
DPA
Thu, October 3, 2024
Brussels takes Hungary to court over its controversial 'national sovereignty' law
The European Commission has taken Hungary to court over a highly controversial law Budapest says is necessary to protect "national sovereignty," but that NGOs have denounced as a dangerous tool to target and eventually silence opposition voices.
The lawsuit, announced on Thursday afternoon, represents the next step in the legal action the Commission launched in February and comes in reaction to the "unsatisfactory" answers provided by Budapest.
The decision effectively transfers the matter from Brussels to Luxembourg, where the EU's top court is based. Notably, the executive does not ask the judges to impose any interim measures, such as the temporary suspension of the law that some civil organisations had requested. A ruling is expected in the coming years.
"After carefully assessing the reply of the Hungarian authorities, the Commission maintains most of the grievances identified, which have still not been addressed," the Commission said on Thursday.
The contentious act, approved in December thanks to the backing of Viktor Orbán's ruling party, establishes the so-called Sovereignty Protection Office (SPO) to investigate people and organisations suspected of undermining the country's "national sovereignty" and "constitutional identity."
The SPO can collect information on individuals or groups that receive funding from abroad and are perceived to influence the democratic debate and electoral processes "in the interest of another state" or "foreign organ." Hungary's secret services are compelled to assist the office, which is entitled to access classified documents.
Once its investigation is concluded, the SPO publishes its conclusions. The law does not foresee any remedial measures to contest the findings.
Orbán, who frequently lashes out against his detractors as Western-paid agents, says the act is necessary to shield Hungary from undue political interference.
But the act's broad mandate, vague definitions and lack of judicial oversight have sparked serious concerns among civil society and independent journalists, who fear they will be unfairly name-shamed for refusing to follow Orbán's political dogma and left powerless to challenge the SPO's public conclusions.
Transparency International Hungary and Átlátszó, an investigative non-profit supported by international donations, have already been targeted by the office.
The Commission echoed these considerations when it launched the legal action in February, saying the law violates a wide range of fundamental values and legal guarantees, such as the principle of democracy, the right to private life, the protection of personal data, freedom of expression, information and association, and the presumption of innocence, among others.
The United States has also censured the "draconian" law, saying "the Hungarian government's attempt to harass, intimidate, and punish independent organizations runs counter to the principles of democratic governance rooted in the rule of law."
Further criticism has been voiced by the European Parliament, the Venice Commission, Amnesty International and the Hungarian Helsinki Committee, as well as dozens of civil society organisations and independent media outlets.
The latest development comes amid an extremely fraught chapter in the decade-long showdown between Brussels and Budapest. In recent weeks, Hungary has been under fire for refusing to pay a €200 million fine, threatening to bus migrants to Belgium and easing work permits for Russian and Belarusian citizens.
Orbán is scheduled to address the European Parliament next week as part of Hungary's six-month presidency of the EU Council, which is under a boycott in response to the prime minister's meeting with Vladimir Putin in July.
EU Commission sues Hungary over alleged fundamental rights breach
Thu, October 3, 2024
Brussels takes Hungary to court over its controversial 'national sovereignty' law
The European Commission has taken Hungary to court over a highly controversial law Budapest says is necessary to protect "national sovereignty," but that NGOs have denounced as a dangerous tool to target and eventually silence opposition voices.
The lawsuit, announced on Thursday afternoon, represents the next step in the legal action the Commission launched in February and comes in reaction to the "unsatisfactory" answers provided by Budapest.
The decision effectively transfers the matter from Brussels to Luxembourg, where the EU's top court is based. Notably, the executive does not ask the judges to impose any interim measures, such as the temporary suspension of the law that some civil organisations had requested. A ruling is expected in the coming years.
"After carefully assessing the reply of the Hungarian authorities, the Commission maintains most of the grievances identified, which have still not been addressed," the Commission said on Thursday.
The contentious act, approved in December thanks to the backing of Viktor Orbán's ruling party, establishes the so-called Sovereignty Protection Office (SPO) to investigate people and organisations suspected of undermining the country's "national sovereignty" and "constitutional identity."
The SPO can collect information on individuals or groups that receive funding from abroad and are perceived to influence the democratic debate and electoral processes "in the interest of another state" or "foreign organ." Hungary's secret services are compelled to assist the office, which is entitled to access classified documents.
Once its investigation is concluded, the SPO publishes its conclusions. The law does not foresee any remedial measures to contest the findings.
Orbán, who frequently lashes out against his detractors as Western-paid agents, says the act is necessary to shield Hungary from undue political interference.
But the act's broad mandate, vague definitions and lack of judicial oversight have sparked serious concerns among civil society and independent journalists, who fear they will be unfairly name-shamed for refusing to follow Orbán's political dogma and left powerless to challenge the SPO's public conclusions.
Transparency International Hungary and Átlátszó, an investigative non-profit supported by international donations, have already been targeted by the office.
The Commission echoed these considerations when it launched the legal action in February, saying the law violates a wide range of fundamental values and legal guarantees, such as the principle of democracy, the right to private life, the protection of personal data, freedom of expression, information and association, and the presumption of innocence, among others.
The United States has also censured the "draconian" law, saying "the Hungarian government's attempt to harass, intimidate, and punish independent organizations runs counter to the principles of democratic governance rooted in the rule of law."
Further criticism has been voiced by the European Parliament, the Venice Commission, Amnesty International and the Hungarian Helsinki Committee, as well as dozens of civil society organisations and independent media outlets.
The latest development comes amid an extremely fraught chapter in the decade-long showdown between Brussels and Budapest. In recent weeks, Hungary has been under fire for refusing to pay a €200 million fine, threatening to bus migrants to Belgium and easing work permits for Russian and Belarusian citizens.
Orbán is scheduled to address the European Parliament next week as part of Hungary's six-month presidency of the EU Council, which is under a boycott in response to the prime minister's meeting with Vladimir Putin in July.
EU Commission sues Hungary over alleged fundamental rights breach
DPA
Thu, October 3, 2024
A general view of the weekly meeting of the EU Commission in Brussels. Christophe Licoppe/European Commission/dpa
The European Commission decided on Thursday to take Hungary to court over an alleged breach of the European Union's fundamental rights.
The move comes after Budapest failed to dispel concerns over a relatively new Hungarian law intended to restrict foreign funding for political campaigns, a press release said.
The announcement is the latest in a series of reprimands for Hungary, where the nationalist government of Prime Minister Viktor Orbán has often been criticized by the commission for its restrictive policies.
The commission suspects that the law violates the freedom of expression, the presumption of innocence, and several principles of the EU's internal market.
The bill extends an existing ban on foreign funding for political parties to associations and other organisations. Offences are punishable by up to three years in prison.
If the European Court of Justice (ECJ) sides with the commission, Hungary could again face a heavy fine.
German EU lawmaker Daniel Freund welcomed the commission's decision, which he called "the right step and long overdue."
"This law is straight out of [Russian President] Vladimir Putin's textbook and is being used very specifically against civil society in Hungary," Freund said.
The ECJ already imposed a €200 million ($221 million) fine in June over a breach of EU asylum law. As Budapest has missed the deadline to pay the fine, the commission decided to deduct the sum from Hungary's EU funds.
The commission, charged with proposing and enforcing EU legislation, is currently conducting more than 70 investigations into Hungary for alleged breaches of EU law.
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