European Commission opens infringement procedure after adoption of criticized sovereignty law

For the Commission, the legislative package adopted by the Hungarian Parliament in December is incompatible with European law. NGOs see it as a new offensive aimed at muzzling counter-powers.

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Hungarian Prime Minister Viktor Orban at the extraordinary summit of the European Council, February 1, 2024 in Brussels (Belgium).  (LUDOVIC MARIN / AFP)

Budapest once again in the sights of the European Union. The European Commission launched an infringement procedure against Hungary on Wednesday February 7, after the adoption of legislation in mid-December establishing a supervisory authority intended to prevent “foreign interference” in the electoral process and “protect sovereignty” from the country. This legislative package is denounced by NGOs and critics of nationalist Prime Minister Viktor Orban, who see it as a new offensive aimed at muzzling counter-powers.

This authority, the “independent office for the protection of sovereignty”, will be headed by someone close to Viktor Orban. These investigations could lead to the opening of legal investigations, with possible prison sentences for any candidate in the elections involved. Another concern: its unlimited and non-recourse power to request sensitive data and private information. Several human rights NGOs, including Amnesty International, have denounced the government’s desire to “silence critical voices”, considering that could be targeted “journalists, businesses, unions, churches and municipalities”.

The European executive said it had sent Budapest a letter of formal notice for violations of EU law. The Hungarian government now has two months to respond. After “an in-depth assessment”, “The Commission raises serious concerns about compliance [de la nouvelle loi] with EU law“, particularly regarding “the principle of democracy, electoral rights, respect for the EU Charter of Fundamental Rights, EU data protection and several rules applicable to the internal market”specifies a spokesperson.


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