- Hungary's foreign agent's law finds favor with the EC
- The Office for the Protection of Sovereignty will collect information on agents and have access to classified data
- NGOs dissatisfied with Hungary's Foreign Influence Law receive support from foreign entities
Hungary's foreign agent's law finds favor with the EC
Brussels has decided to step up legal action against Hungary's foreign influence law. On Thursday, the European Union (EU) announced that it will refer Hungary's so-called foreign agents law to the European Court of Justice (ECJ). Although the law is intended to limit the influence of foreign powers in the country, some critics argue that the law is designed to silence opponents of the Hungarian government[1].
"The European Commission has decided to refer Hungary... to the Court of Justice because it considers that its national law on the 'defense of sovereignty' violates EU law," the EU's top executive said.
Thursday afternoon's announcement is the next step taken by the European Commission after it launched legal proceedings against Hungary in February. The Commission received "unsatisfactory" responses from Budapest to the new law.
"After careful assessment of the Hungarian authorities' response, the Commission considers that most of the complaints identified are still pending," the Commission said on Thursday.
The decision effectively moves the case from Brussels to Luxembourg, where the EU's highest court is based. It should be noted that the executive is not asking the judges to impose interim measures, such as suspending the law, as some civil society organizations have requested. A decision is expected within the next year.
The Office for the Protection of Sovereignty will collect information on agents and have access to classified data
The highly controversial law, adopted in December with the support of Viktor Orbán's ruling party, establishes the so-called Sovereignty Protection Office (SPO). This office investigates individuals and organizations suspected of undermining the country's "national sovereignty" and "constitutional identity." The Hungarian authorities claim that this will protect the country from inappropriate political interference in its internal affairs[2].
The SPO has the right to collect information on groups or individuals who receive foreign funding and are suspected of influencing democratic debates and electoral processes by representing the interests of "another state" or "a foreign body". The Hungarian secret services are obliged to assist this office, which has access to classified documents. Once the investigation is completed, the SPO publishes its findings, but the law does not provide for any remedies to challenge these findings.
In addition, the Foreign Agents Law requires organizations receiving foreign funding to declare their donors and to make public information on their funding sources. This allows the authorities and the public to monitor and analyze foreign influence in domestic politics and public affairs. And the supposedly independent organizations themselves can thus no longer lie that their behavior is completely uninfluenced by any suspicious donors.
However, the EC launched legal proceedings in February, pointing out that Hungary's law on national sovereignty and the creation of SGOs allegedly violate many of the EU's fundamental values and legal guarantees. The Commission stated that the law threatens democratic principles, the individual's right to privacy, personal data protection, freedom of expression and information, freedom of association and the presumption of innocence. The law's impact is said to raise serious concerns about its compatibility with the principles of EU law[3].
NGOs dissatisfied with Hungary's Foreign Influence Law receive support from foreign entities
While the Hungarian authorities are convinced that the foreign agent's law is necessary to protect national sovereignty, both some EU politicians and various non-governmental organizations (NGOs) are fiercely criticizing Budapest's actions. NGOs argue that the Foreign Influence Law is merely a dangerous tool to suppress and ultimately silence the opposition. Critics of the law often mention Orbán's own name, pointing out that he constantly reproaches all his opponents and calls them Western-paid agents[4].
Journalists and NGOs claiming to be independent say they dislike the law's broad powers, vague definitions, and lack of legal oversight. They fear that they will be falsely accused if they refuse to endorse Orbán's policies and are left powerless to defend themselves against the SPO's public conclusions[5].
The United States has also strongly condemned Hungary's national sovereignty law. In a statement, the US said that "the Hungarian government's efforts to harass, intimidate, and punish independent organizations are contrary to the principles of democratic governance based on the rule of law."
Interestingly, the fiercest critics of the law are the same individuals and organizations that have been closely associated with and receiving funding from abroad for years. For example, Hungarian officials have already taken an interest in Transparency International Hungary. As you know, Transparency International is supported not only by various international institutions, but also by Soros's Open Society Foundations.
Áátszó has also already attracted interest. Various sources support this investigative journalism organization, but among the main supporters that have emerged since the organization's inception are, once again, Soros's Open Society Foundations. Since 2011, the organization has received an average of HUF 30 million annually from the Soros Foundations. This funding has constituted a large part of the organization's budget and has helped Átlátszó to be active for 13 years.
