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European Commission suing Hungary: What's the reason

European Commission suing Hungary: What's the reason Photo: The European Commission is suing Hungary over the "sovereignty protection" law (Getty Images)

The European Commission has decided to file a lawsuit against Hungary in the EU Court. It believes that the country's law on "protecting sovereignty" violates EU law, according to the press service of the European Commission.

"This national law establishes an 'Office for the Defence of Sovereignty', tasked with investigating specific activities said to be carried out in the interest of another State or a foreign body, organization or natural person, allegedly liable to violate or jeopardize the sovereignty of Hungary," the European Commission stated.

It is noted that the restrictions imposed by this national legislation in Hungary also apply to organizations operating with foreign funding that are believed to influence election outcomes or voter will.

In February 2024, the Commission sent Hungary a letter with an official notification of its concerns.

Finding Hungary's response unsatisfactory, in May 2024, the Commission issued a reasoned opinion reiterating its complaints regarding the law's violations of EU legislation.

In response to this reasoned opinion, Hungary claimed that the "sovereignty protection" law does not violate EU rights and that the expressed concerns are unfounded.

After a thorough assessment of the Hungarian authorities' response, the Commission believes that most of the identified complaints remain unaddressed.

These complaints relate to 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 privilege, and the presumption of innocence, which includes the right not to testify against oneself.

The Commission also considers that the law violates several fundamental freedoms of the internal market, the Directive on electronic commerce, the Services Directive, and EU data protection legislation.

In November 2023, the ruling party Fidesz, led by Hungarian Prime Minister Viktor Orbán, submitted a draft bill on "national sovereignty protection" to parliament aimed at preventing undue political interference by foreign individuals or groups.

The draft proposes the creation of a separate body to study and monitor risks of political interference and provide recommendations for legislative changes. It also includes penalties of up to three years in prison for prohibited foreign funding of parties or groups participating in elections.