User:Nagyplaneta2/Hungarian Sovereignty Protection Act LXXXVIII (2023)

The Hungarian Sovereignty Protection Act LXXXVIII (2023) (English-language version: [1]) is a Hungarian law delineating state protection measures against foreign influences. The law received criticism from agencies including the Hungarian Helsinki Committee, the European Commission, and the Venice Commission of the Council of Europe.

Content and Usage

In its introductory section, the Hungarian Sovereignty Protection Act states that its motivation is primarily preventing foreign political or electoral influence in Hungary. According to the Act, "Political power falling into the hands of persons and organisations who are dependent on a foreign power, organisation or person damages Hungary’s sovereignty and, at the same time, poses a major national security risk." The Act cites alleged American influence in Hungarian election politics via support for the Hungarian political opposition as a concern for Hungary's sovereignty. The body of the Hungarian Sovereignty Protection Act details the operational procedures of the Sovereignty Protection Office, which the Act indicates is operated by the Office's President, appointed by the President of Hungary after recommendation by the Hungarian Prime Minister. The Sovereignty Protection Act explains the investigatory obligations and procedures of the Sovereignty Protection Office, noting, among other provisions, the Office's obligation to "develop and apply a sovereignty risk assessment methodology," as well as detailing that an "investigated organisation as well as the requested state or local government organ, organisation or person... shall be obliged to comply with the request of the Office within the time limit set by the Office." The Venice Commission's report (see below) discusses important aspects of the Sovereignty Protection Act and why they are problematic.

The Sovereignty Protection Act has so far been implemented against Péter Magyar, a political challenger to the Fidesz ruling party. In 2024, Magyar emerged as significant political opposition to Hungarian Prime Minister Viktor Orbán's Fidesz party, organizing large demonstrations in Hungary and launching a political campaign targeting the 2024 European elections. Furthermore, there is the potential for the Sovereignty Protection Act to be used against Átlátszó (a "Hungarian investigative journalism nonprofit and a watchdog NGO", according to its website) investigative journalists due to pressure from the CÖF-CÖKA Hungarian government-aligned NGO.

Reactions

According to Radio Free Europe, the United States Department of State, the Venice Commission, and the European Commission have all expressed dissatisfaction with Hungary's Sovereignty Protection Act.

The Venice Commission's opinion on the Hungarian Sovereignty Protection Act ([2]) questions the conformity of the Act with principles of "legality," human rights, and democratic norms. The conclusion of the Venice Commission's opinion from March 2024 criticizes the Sovereignty Protection Office, noting that the Venice Commission:

• does not see the legal need for the Sovereignty Protection Office on constitutional grounds.
• expresses concern for the governmental independence of the Sovereignty Protection Office.
• criticizes that "the powers of the Sovereignty Protection Office extend beyond electoral campaigns".

In its report, among discussion of other aspects of the Sovereignty Protection Act, the Venice Commission expressed concern over the investigative capabilities of the Sovereignty Protection Office created by the Act, noting that investigations outside of "ordinary institutions of the State such as courts and law enforcement" could violate fundamental human rights and freedoms. The Venice Commission also draws attention to the liberty of the Sovereignty Protection Office to act on its investigative capabilities independently, which puts too much power in the hands of the Office, as well as broadly, which endangers the activities of NGOs and other organizations. Among other recommendations, the Venice Commission recommends that the Hungarian government repeal the creation of the Sovereignty Protection Office in light of the dangers it presents to democratic society.

The European Commission announced in February 2024 that it would send begin an infringement procedure against the Hungarian government. This decision was made on the grounds of the Commission's strong reservations against the Sovereignty Protection Act due to the Commission's belief that the Act "[violates] EU law" and the EU Charter of Fundamental Rights. Although Hungary had a deadline of "two months to reply to the... notice" of infringement sent by the Commission, recent English-language news does not confirm whether Hungary has answered the notice as of May 2024. Additionally, the European "Parliament [condemned] the adoption of the Protection of National Sovereignty Act".

In December 2023, the United States Department of State also expressed criticism for the Sovereignty Protection Act because of its "draconian tools that can be used to intimidate and punish those with views not shared by the ruling party."

Additionally, The Hungarian Helsinki Committee and Amnesty International Hungary released an explanatory and analytical document ([3]) on the Sovereignty Protection Act.