Hungary and the EU lock horns, this time over the foreign interference law
Just days after a major confrontation between the European Union and Hungary over aid to Ukraine, the European Commission announced on Wednesday that it has opened a new disciplinary procedure against the Hungarian government over a recently adopted piece of legislation targeting activities of foreigners be considered subversive.
The move comes on top of several other open disciplinary proceedings against Hungary that the European Commission, the EU's executive arm, has conducted against the government of Hungarian Prime Minister Viktor Orbán.
Mr Orbán has long denounced the battle with Brussels, which he says pits an “awakened globalist Goliath” against Hungary's “David”. He has insisted that the European Union is out to punish him for pursuing a Christian conservative agenda, which he says is in line with the wishes of the Hungarian people.
The commission's action focuses on recently passed legislation in Hungary that aims to punish interactions between Hungarian individuals or organizations and foreigners or foreign groups deemed subversive by a newly established Office for the Defense of Sovereignty.
In a statement on Wednesdaythe European Commission said it had opened the infringement procedure after “a thorough assessment” of Hungarian law.
The commission said the Hungarian legislation violates “several provisions” of European law, including internal market rules, democratic values and electoral rights. It also said the legislation violated fundamental rights such as the right to a fair trial and freedom of association.
“The creation of a new authority with far-reaching powers and a strict regime of supervision, enforcement and sanctions also risks seriously damaging democracy in Hungary,” Home Affairs Committee spokeswoman Anitta Hipper said on Wednesday.
Hungary has two months to respond. The disciplinary procedure could lead to the commission taking Hungary to the European Union's Supreme Court and imposing financial sanctions.
The United States in December expressed similar concerns about the Office for the Defense of Sovereignty, saying it “equips the Hungarian government with draconian tools that can be used to intimidate and punish those with views that the ruling party does not share.”
The US State Department said the authority could be used to subject Hungarian citizens, companies and organizations “to intrusive investigations without judicial oversight, even if they have had no contact with or support from a foreign government or foreign entity ', adding: “This new law is contrary to our shared values of democracy, individual freedom and the rule of law.”
The legislation and the authority it creates have also raised concerns among rights groups that have long been pressured by Hungarian authorities.
Dunja Mijatovic, a top official at the Council of Europe, a major human rights organization, said in a statement in November that the plan to create the Office for the Defense of Sovereignty “poses a significant risk to human rights and should be abandoned. ”
The European Commission has withheld more than 20 billion euros, approximately $21.5 billion, from Hungary for various violations of EU rules regarding the independence of the judiciary, corruption and LGBTQ rights.
Asked whether the commission would release any of those funds, Arianna Podesta, a spokeswoman, told reporters on Wednesday: “We're not there yet.”