European Commission calls on Hungarian government to withdraw Russian-style bill

The European Commission is reportedly asking Viktor Orbán's government to withdraw its draft law entitled “on transparency in public life”, as its adoption in its current form would constitute a serious breach of EU principles and legislation, according to a Commission spokesperson quoted by Népszava. After the article was published, Telex also contacted the Commission, whose spokesperson confirmed to our newspaper that

the Commission has serious concerns about the draft law and is therefore asking the Hungarian government to withdraw it.

The European Commission had previously declined to comment on the draft, but indicated that it had “the tools” to act if it were adopted. An extraordinary European Parliament debate was held on Wednesday on the proposed law, during which Michael McGrath, the European Commission's member responsible for justice, democracy and the rule of law, said that “many aspects of the draft in its current form are the subject of serious concerns”.

McGrath said that the draft law appears to impose “serious restrictions and consequences” on organizations that, according to the Sovereignty Protection Office, have received foreign funding. The European Commission is monitoring the situation and “will not hesitate to take the necessary steps to ensure that EU law is respected,” including fundamental rights.

The spokesperson for the European Commission also told Telex that they attach great importance to the role of civil society and are committed to promoting the right of association, including its funding. Previously, when contacted by journalists about the bill, the body was not willing to provide a comment in more detail, given that that the law has not been adopted yet.

Compared to this, the request that the Orbán government should withdraw the proposal seems like a serious step forward.

The body already launched infringement proceedings last year against the law establishing the Sovereignty Protection Office, arguing that it violated EU law. As we previously reported, while it is technically possible, based on previous examples, it is highly unlikely that the European Commission will – in response to the current bill request temporary, immediate measures as part of the infrignement proceedings which are already ongoing. And starting a whole new procedure could take years.

On Thursday, more than 320 NGOs called on the European Commission to take immediate action against the draft law, which they say threatens the independent media, civil society organizations, and the rule of law in Hungary. In a letter sent on Thursday, the signatories asked Ursula von der Leyen, the President of the European Commission, to initiate interim measures through the Court of Justice of the European Union to prevent the implementation of the draft law entitled “on transparency in public life.”

A general debate on the draft law, which affects the general public and the civil society, potentially makes financing very difficult and stigmatizes organizations, took place in the Hungarian Parliament on Tuesday, and is expected to be voted on during the week of 10 June.

Dozens of medial outlets from twenty-two countries have also expressed their solidarity with those affected by the law. The representatives of the bigger governing party, Fidesz, however, claim that those who are protesting the proposal have misunderstood the whole situation and that those who are not guilty of serving foreign interests have nothing to fear. We previously explained why the bill, which is supposedly intended to increase transparency, is in fact a threat to democratic public discourse in Hungary.