The European Commission has initiated an infringement procedure against Hungary concerning the country’s national sovereignty law that was passed last December. The Commission alleges the new legislation is in violation of EU law. This legislation, known as the law on the protection of national sovereignty, was introduced by the Hungarian national assembly on December 12, 2023, and entered into force on December 22, 2023.
The law establishes a standalone, autonomous state administrative body, dubbed the “Sovereignty Protection Office,” presenting far-reaching authority to scrutinize specific regimes undertaken in the interest of another state or overseas entity, organization, or individual. The office can assert national sovereignty by “evaluating the information and data obtained from the organizations subject to investigation, state and local government bodies, and other organizations or persons.”
Earlier, in July 2022, Hungary introduced another contentious legislation which was seen by the Commission as discriminatory against LGBTQ people, prompting the case to be taken to the European Court of Justice (ECJ) for Hungary’s inadequate response to concerns about the law. Subsequently, the European Commission withheld €22 billion earmarked for Hungary under the EU Cohesion Fund due to alleged breaches of the rule of law and the EU Charter of Fundamental Rights.
In its recent announcement, the European Commission underlined the Hungarian law contravenes various provisions of both primary and secondary EU law and other significant democratic principles intrinsic to the union. The Commission claimed that such investigations are inconsistent with EU law’s requirements concerning data protection and the right to protection of personal data, as per the EU Charter of Fundamental Rights.
The controversial law has also been questioned by the US government. Matthew Miller, a spokesperson for the US State Department, asserted the law doesn’t align with shared values of democracy, individual liberty, and adherence to the rule of law.
As per the statement released, Hungary has a two-month deadline to respond to the formal notice. If the Commission’s issues are not addressed, a reasoned opinion will be sent as part of the next procedural step. You can find more information in this detailed report on JURIST – News.