Commission opens infringement procedure against Hungary
Today, the European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary for violations of EU law.
This decision follows a thorough assessment by the Commission of the new law on the Defence of National Sovereignty, which was adopted by the Hungarian Parliament on 12 December 2023 and has been in force since 22 December 2023.
The Law establishes the so-called Office for the Defence of Sovereignty, tasked with investigating specific activities carried out in the interest of another State or a foreign body, organisation or natural person, if they are likely to violate or jeopardise the sovereignty of Hungary; and organisations whose activities using foreign funding may influence the outcome of elections or the will of voters.
It also contains provisions and amendments to existing Hungarian legislation that prohibit candidates, political parties and associations participating in elections from using foreign funding to influence or attempt to influence the will of voters for the elections in question, and to punish under criminal law the use of foreign funding in the context of elections.
The Commission considers that the Hungarian legislation at stake violates several provisions of primary and secondary EU law,
among others
- the democratic values of the Union;
- the principle of democracy and the electoral rights of EU citizens;
- several fundamental rights enshrined in the EU Charter of Fundamental Rights, such as the right to respect for private and family life, the right to protection of personal data, the freedom of expression and information, the freedom of association, the electoral rights of EU citizens, the right to an effective remedy and to a fair trial, the privilege against self-incrimination and the legal professional privilege;
- the requirements of EU law relating to data protection and
- several rules applicable to the internal market.
Hungary has two months to reply to the letter of formal notice.
If it does not address the grievances identified by the Commission, the Commission may decide to send a reasoned opinion as the next step in the infringement procedure.
Stages of an infringement procedure
If the EU country concerned fails to communicate measures that fully transpose the provisions of directives, or doesn’t rectify the suspected violation of EU law, the Commission may launch a formal infringement procedure. The procedure follows a number of steps laid out in the EU treaties, each ending with a formal decision:1. The Commission sends a letter of formal notice requesting further information to the country concerned, which must send a detailed reply within a specified period, usually 2 months.2. If the Commission concludes that the country is failing to fulfil its obligations under EU law, it may send a reasoned opinion: a formal request to comply with EU law. It explains why the Commission considers that the country is breaching EU law. It also requests that the country inform the Commission of the measures taken, within a specified period, usually 2 months.3. If the country still doesn't comply, the Commission may decide to refer the matter to the Court of Justice. Most cases are settled before being referred to the court.4. If an EU country fails to communicate measures that implement the provisions of a directive in time, the Commission may ask the court to impose penalties.5. If the court finds that a country has breached EU law, the national authorities must take action to comply with the Court judgment.
U.S. sanctions pending
Earlier this month, U.S. Senator Ben Cardin, Chair of the Senate Foreign Relations Committee, issued a statement on his meeting with the U.S. Ambassador to Hungary David Pressman and his concerns with the direction Hungary has taken under Prime Minister Viktor Orbán.
The Senator said he has "deep concerns over the direction of the current Hungarian government, whose officials have repeatedly attacked President Biden and Ambassador Pressman in ways that should be unthinkable for an American ally."
The Biden Administration should be examining whether Hungary truly is a trusted partner deserving of participating in the Visa Waiver Program – and given the level of corruption, whether it is appropriate to initiate sanctions under the Global Magnitsky Act,
he added.
Cardin noted that PM Orbán has in recent days once again "shown himself to be the least reliable member of NATO, in addition to unnecessarily delaying, until today, the European Union’s effort to provide much-needed economic assistance to Ukraine."
Orbán has since then caved in and nodded on the EUR 50 billion aid to Ukraine, while his government boycotted an extraordinary session called by the opposition in Parliament to ratify Sweden's NATO membership pending since the summer of 2022. While Orbán promised several times that Hungary would not be the last to let the Swedes in, it reneged on his pledge as Türkiye, which was also holding out on the vote, approved Stockholm's bid.
Germany is putting pressure on Viktor Orbán to speed up the ratification of Sweden's accession to NATO, Politico reported on Tuesday, citing a senior German government official.
“The ongoing erosion of democratic norms in Hungary continues to be alarming," Cardin continued.
The recently enacted 'Sovereignty Protection Act’ — which goes into effect today with the launching of the so-called ‘Sovereignty Protection Authority’ — is a direct assault on the rights of journalists, civil society, political figures, and anyone who criticizes the Orban regime, directing the state's intelligence agencies and law enforcement to surveil, detain, depose and imprison those who voice dissent. It’s nothing short of draconian and unlike anything we’ve seen in a modern democracy,
he concluded.
Cover photo: Getty Images
