The European Commission has decided to sue the European Court of Justice in Luxembourg over Hungary's “Protection of National Sovereignty” law, reports UNN.
Details
Today, the European Commission decided to refer Hungary's case (INFR(2024)2001) to the Court of Justice because it considers that its national law on the “Protection of Sovereignty” violates EU law. This national law establishes an “Office for the Protection of Sovereignty” charged with investigating specific acts allegedly carried out for the benefit of another State or foreign authority, organization or individual allegedly capable of violating or endangering Hungary's sovereignty; and organizations whose activities using foreign funding are alleged to influence the outcome of elections or the will of the electorate.
In February 2024, the Commission sent a letter of formal notification to Hungary expressing its concerns. Finding that Hungary's response to its formal notification was unsatisfactory, in May 2024 the Commission sent a reasoned opinion in which it reiterated the complaints concerning the infringement of fundamental rights under the EU Charter of Fundamental Rights, the fundamental freedoms of the internal market and EU data protection law. In response to that reasoned opinion, Hungary stated that the Sovereignty Protection Act did not violate EU law and that the concerns raised were unfounded.
After a thorough assessment of the response of the Hungarian authorities, the Commission submits that most of the complaints identified have not yet been addressed. These complaints concern several fundamental rights enshrined in the EU Charter of Fundamental Rights: the right to respect for private and family life, freedom of expression and information, freedom of association, the right to legal professional privilege, and the presumption of innocence, which implies the right not to testify against oneself. The Commission also considers that the law violates several fundamental freedoms of the internal market, the E-Commerce Directive, the Services Directive, and EU data protection legislation.
Background
On December 12, 2023, the Hungarian National Assembly passed the Act on the Protection of Sovereignty, authorizing the new Office to conduct investigations, including into “any activity that is financed from abroad and may influence the results of elections, the will of voters or support such activities”. According to its preamble, the Act was passed in response to increasing illegal attacks on Hungary's sovereignty by foreign organizations and individuals seeking to promote their own interests in Hungary as opposed to Hungarian interests and regulations. The Act gives the Office very broad discretionary powers over investigations, in particular with regard to access to information, which gives the Office the right to intervene in investigations in an intrusive manner. The Act requires extensive publicity of individual investigations and their findings. This will have negative consequences for the actors involved, including a stigmatizing effect. The situation is further exacerbated by the fact that the Office will send an annual public report to the Parliamentary Standing Committee on National Security and to the Government for their response on how they will respond to its findings.
The broad powers and discretion of the Office will have a disproportionate impact on a wide range of individuals and organizations, including civil society organizations, the media and journalists.