On Thursday 3 October, the European Commission once again referred Hungary to the Court of Justice of the EU, this time over the Hungarian law on the ‘defence of sovereignty’, which “infringes EU law”, according to a press release.
The 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, organisation or natural person, allegedly liable to violate or jeopardise the sovereignty of Hungary.
It can also investigate organisations supported by foreign funds that may influence elections.
In February 2024, the Commission sent a letter of formal notice to Hungary, followed by a reasoned opinion in May 2024 reiterating the grievances “concerning the violation of the fundamental rights enshrined in the EU Charter of Fundamental Rights, the Internal Market Fundamental Freedoms, and EU Data protection legislation”.
Hungary deemed the concerns unfounded.
However, the Commission maintains “most of the grievances identified, which have still not been addressed. Those grievances concern several fundamental rights enshrined in the EU Charter of Fundamental Rights: the right to respect for private and family life, the freedom of expression and information, the freedom of association, the right to legal professional privilege, as well as the presumption of innocence, which implies the right not to incriminate oneself”.
The Commission also believes that the law violates a number of European laws, such as the e-commerce directive and the services directive. (Original version in French by Solenn Paulic)