In a statement published on Wednesday 28 May, the European Union Agency for Fundamental Rights (FRA) expressed its “deep concern” about recent legislative developments in Hungary that could restrict the operating environment for civil society organisations (CSOs).
These measures, one of which has yet to be adopted, risk undermining the fundamental rights guaranteed by the EU Charter, according to the FRA, in particular the freedoms of expression, assembly and association, as well as media pluralism and privacy.
The FRA refers in particular to the draft law adopted on 18 March, which could enable the banning of the ‘Pride March’ in Budapest (see EUROPE 13613/13), and emphasises that such initiatives must be prevented across the EU.
The EU Agency also stresses that a democratic framework respectful of the Rule of law cannot function without an independent and dynamic civil society.
Any legislative changes affecting CSOs must in this sense, comply with European and international legal commitments.
While the developments mentioned relate specifically to Hungary, the FRA is sounding the alarm against a broader trend of shrinking civic space within the European Union.
There is a backward slide in democracy which, in its view, is not taking place in a sudden manner, but through the gradual dismantling of checks and balances by means of restrictions on the right to demonstrate, the use of surveillance technologies, legal or budgetary measures targeting civil society organisations, journalists and human rights defenders, and the spread and trivialisation of stigmatising narratives.
According to the FRA’s reports in 2023 (https://aeur.eu/f/h4x ) and 2024 (https://aeur.eu/f/h4y ), this phenomenon is affecting several Member States.
The EU Agency therefore calls on Member States to ensure that any legislation affecting CSOs respects fundamental rights, to protect defenders of the rights of LGBTQI+ people, to refrain from using administrative rules against civic participation and to guarantee freedom of association, even for entities funded from abroad.
Finally, the FRA urges the European institutions to take firm measures, such as implementation of EU Court of Justice rulings, establishing sustainable funding for CSOs and protecting actors under threat.
“Safeguarding civil society and upholding fundamental rights is not optional”, says the Agency in its statement.
The statement: https://aeur.eu/f/h57 (Original version in French by Nithya Paquiry)