Hungary’s ‘Defence of Sovereignty’ law challenged in EU’s top court

A Hungarian "Defence of Sovereignty" law allowing the state to investigate foreign-funded organizations is being challenged in the European Union's top court by the European Commission, the EU executive announced on Thursday (3 October).

The Commission says the law, passed in December 2023, violates the rights to privacy, freedom of speech, freedom of assembly and the presumption of innocence, among other problems.

The Hungarian statute creates a national body with powers to investigate "any activity that is foreign-funded and that may influence the outcome of elections, the will of voters or supports such activities," according to an English-language excerpt cited by the Commission. Brussels says the body's investigative powers are "very broad" and "intrusive," particularly when it comes to access to information.

Investigations can target "a wide range of persons and entities, including civil society organisations, media outlets and journalists," a Commission statement said.

Brussels submitted its first formal objections - officially called "infringement proceedings" - on 7 February.

The procedure for the Commission to challenge national laws that it believes violate EU law always begins with a complicated and bureaucratic back-and-forth between Brussels and the government concerned, which usually resolves disputes before they get to court.

Such infringement proceedings are extremely common - every single EU country faces them - so much so that the Commission publishes them in huge batches every month.

But if the Commission believes its concerns are not being addressed, it can ultimately file a complaint in the Court of Justice of the European Union, which is the bloc's highest court.

If the Court of Justice finds that Budapest has violated EU law, it can issue a fine. In June, the Court fined Hungary over its handling of migrants and asylum seekers.

[Edited by Owen Morgan]