Brussels has escalated its legal action against Hungary’s controversial “national sovereignty law,” which has been criticized for violating fundamental rights. The European Commission has taken Hungary to court over the law, which Budapest argues is necessary to protect national sovereignty, but NGOs have denounced as a tool to silence opposition voices. The lawsuit, announced on Thursday, is the next step in the legal action initiated by the Commission in February. The decision transfers the matter to Luxembourg, where the EU’s top court is based, with a ruling expected in the coming years.
The contentious law, approved in December with the support of Viktor Orbán’s ruling party, establishes the Sovereignty Protection Office (SPO) to investigate individuals and organizations suspected of undermining the country’s national sovereignty and constitutional identity. The SPO can collect information on those who receive foreign funding and influence democratic debate and electoral processes in the interest of another state. Hungary’s secret services are obligated to assist the office, which can access classified documents. Once the investigation is complete, the SPO publishes its findings without providing any opportunity for contestation. Critics have raised concerns about the broad mandate, vague definitions, and lack of judicial oversight of the SPO, fearing unfair targeting of civil society and independent journalists.
The Commission’s legal action in February highlighted the violation of fundamental values and legal guarantees by the law, such as democracy, the right to privacy, protection of personal data, freedom of expression, information and association, and the presumption of innocence. The United States and various international organizations have also criticized the law, calling it “draconian” and a threat to democratic governance based on the rule of law. The European Parliament, the Venice Commission, and Amnesty International, among others, have joined in condemning the law, as well as numerous civil society organizations and independent media outlets.
This legal development comes amidst heightened tensions between Brussels and Budapest, with Hungary facing criticism for various actions including refusing to pay a €200 million fine, threatening to transport migrants to Belgium, and easing work permits for Russian and Belarusian citizens. Orbán’s upcoming address to the European Parliament, as part of Hungary’s EU Council presidency, is under a boycott due to the prime minister’s meeting with Vladimir Putin in July. The ongoing confrontation between Brussels and Budapest reflects a decade-long struggle over issues of democracy, rule of law, and fundamental rights within the EU.
In response to Hungary’s controversial “national sovereignty law,” the European Commission has escalated its legal action against the country, citing violations of fundamental rights. The law, which establishes the Sovereignty Protection Office (SPO) to investigate individuals and organizations suspected of undermining national sovereignty, has faced criticism for its broad mandate and lack of judicial oversight. Critics fear unfair targeting of civil society and independent journalists, while the Commission and international organizations have condemned the law as a threat to democracy and the rule of law. The ongoing confrontation between Brussels and Budapest reflects longstanding tensions over fundamental values within the EU.
Despite Budapest’s arguments that the law is necessary to protect national sovereignty, concerns have been raised about the potential for abuse and silencing of dissenting voices. The SPO’s ability to collect information on individuals receiving foreign funding and influence electoral processes has raised alarm among those fearing political interference. The lack of recourse to contest the SPO’s findings and the broad definitions within the law have fueled concerns about its impact on fundamental rights and legal guarantees. As the legal action progresses, the European Commission and international actors continue to raise awareness of the implications of Hungary’s controversial law and its potential threat to democratic governance within the EU.
