The Council of Europe’s Venice Commission raised severe criticism on Hungary’s recent sovereignty protection law, hinting it as a potential threat to free discourse last Tuesday. Known for its rigorous legal analytical work, the commission has suggested repealing the said law (see Commission’s opinion).
Hungary’s Act LXXXVIII on the Protection of National Sovereignty lies at the center of this disagreement. The national assembly passed this act in December 2023 following an alleged rise in unlawful encroachments on Hungary’s sovereignty. The law establishes the ‘Sovereignty Protection Office’, an independent state administrative body tasked with investigating activities “aimed at influencing democratic discourse and state and social decision-making processes” for the benefit of foreign states, organizations, or individuals. It also restricts the use of foreign funds in election campaigns.
Despite affirming Hungary’s concerns over “foreign funding or other influence” as a valid issue for national constitutional authorities, the Venice Commission argued that the law’s broad scope not only covers the electoral framework but also “political activity in a broader sense and campaigns for social change.” It further warned that such an expansive approach could interfere with the privacy rights of any legal or natural entity and engage in uncontrolled naming and shaming activities, essentially chilling the democratic discussion in Hungary.
The opinion also sheds light on the rushed legislative process where the law was passed only three weeks post the text submission to the Parliament, allowing little room for public or parliamentary debate on its content before adoption.
In its recommendations, besides advocating for the repeal of the law, the Venice Commission called for a clearer definition of “foreign support” to account for multiple kinds of funding streams and political parties that operate internationally. It also proposed more concise defining of banned activities in Hungary’s Act on Election Procedure and suggested renaming the new article of the Criminal Code to better reflect its content.
The Commission isn’t alone in its disapproval of Hungary’s law. Recently, it was met with backlash from the European Commission, which initiated legal proceedings against Hungary, alleging a violation of numerous EU law provisions. Furthermore, Human Rights Watch also expressed its concern in a report that criticized the law for its censoring impacts on NGO’s and independent media.