The European Commission has announced its decision to take legal action against the right-wing government of Hungary over laws that potentially target individuals accused of undermining the country’s sovereignty. The controversial “sovereignty protection act” came into effect in December, establishing a government body with the authority to investigate and prosecute those deemed to be benefiting from foreign funding and influencing public discourse. The Hungarian Prime Minister, Viktor Orbán, asserts that the law is aimed at preventing political parties from receiving overseas funding for election campaigns.
Critics, however, draw parallels between Hungary’s law and Russia’s “foreign agent” legislation, which labels individuals receiving foreign financial support as agents of other countries. Concerns have been raised about the broad scope of the Hungarian law, suggesting that it could be misused to target government critics, including NGOs and journalists. Violators could face prison sentences of up to three years.
The European Commission, the executive arm of the EU, expressed dismay over Hungary’s failure to address fundamental rights violations within the bloc, notably privacy, freedom of expression, and association. The Commission highlighted that the extensive powers bestowed upon the sovereignty protection office could lead to intrusive investigations, potentially infringing on the rights of various entities, including civil society organisations, media outlets, and journalists.
This legal action is the latest development in an ongoing conflict between Brussels and Budapest. In 2022, the European Commission withheld significant funds due to concerns about the Orbán government’s democratic decline, which posed a threat to the EU’s budget. Currently holding the EU’s rotating presidency, Hungary’s actions, such as Prime Minister Orbán’s visit to Moscow to engage with Russian President Vladimir Putin on Ukraine, have caused friction among EU member states. Some countries have responded by sending lower-level officials to meetings in Hungary in protest.
The clash between the EU and Hungary underscores a broader struggle within the bloc regarding the rule of law and democratic values. As the legal proceedings unfold, the outcome could have far-reaching implications for the enforcement of fundamental rights in the EU member states.