What is the Sovereignty Protection Act?
In December 2023, the Hungarian Parliament adopted Act LXXXVIII of 2023 on the Protection of National Sovereignty. The Act consists of two main pillars: establishing a new Sovereignty Protection Office (SPO) to carry out investigations, and amending the Criminal Code to sanctions electoral candidates and representatives of nominating organisations using prohibited foreign funds for campaigning purposes with up to three years of imprisonment.
Over 100 civil society organisations, more than 15,000 citizens, and 10 independent media outlets strongly criticised the new law. The Council of Europe Commissioner for Human Rights called for the abandonment of the proposal, the UN Special Rapporteur on Freedom of Expression and the Special Rapporteur on Human Rights Defenders noted the imminent negative implications of the adoption of the proposal in their joint communication to the Hungarian Government. The Monitoring Committee of the Parliamentary Assembly of the Council of Europe seized the Venice Commission to provide an opinion on the proposal.
On 7 February 2024 the European Commission announced that it decided to launch an infringement procedure against Hungary for violating EU law on the Defence of Sovereignty.
The Hungarian Helsinki Committee, together with Amnesty International Hungary, prepared a Q&A to clarify what the Act is and what it is not.
The Q&A is available here.
The HHC and Amnesty International Hungary also prepared a joint analysis of how the Act breaches EU law, available here.
HHC’s statement on the adoption of the Act is available here.