Ireland Joins EU Infringement Case Against Hungary: A Step Toward Upholding Values and Laws

Ireland Joins EU Infringement Case Against Hungary: A Step Toward Upholding Values and Laws

Ireland Joins EU Case Against Hungary’s Sovereignty Law

Ireland has officially joined a European Commission infringement case against Hungary at the Court of Justice of the European Union, escalating concerns over the contry’s “Sovereignty Protection Law.” The law, enacted in December 2023, has drawn widespread criticism for its potential impact on civil society and freedom of expression.

Concerns Over the Sovereignty Protection law

The core of the controversy lies in the establishment of the Office for the Defence of Sovereignty (SPO). this government body is empowered to investigate organizations and individuals receiving foreign funding, including independent media outlets. Critics argue the SPO, whose president is nominated by Hungary’s Prime Minister and President, could stifle dissent and limit the activities of civil society organizations.

Tánaiste Simon Harris stated that Ireland has “consistently raised our concerns about Hungary’s Sovereignty Protection Law, and its negative impact on civil society space in Hungary.” He also noted that there is “an appetite for a significant number” of other member states to join the case.

Echoes of Russia’s “Foreign Agent” Law

The legislation has been likened to Russia’s “foreign agent law,” which requires institutions receiving foreign funding to register accordingly, often creating a chilling effect on thier operations. The comparison raises fears that Hungary’s law could be used to marginalize and silence critical voices.

EU Fundamental Rights at Stake

The European Commission’s infringement case, referred to the EU’s top court in October, argues that the Hungarian law violates fundamental rights enshrined in the EU Charter of Fundamental Rights. These include:

  • The right to respect for private and family life
  • The freedom of expression and information
  • The freedom of association

Previous Concerns and Actions

The UN Special Rapporteur on Freedom of Expression and the Council of Europe Commissioner for Human Rights have also voiced concerns regarding the law. Ireland previously joined a separate European Commission infringement case in 2023 against Hungary related to the country’s Child Protection Law, which prohibits depictions of homosexuality and gender reassignment in media and educational content for minors – a law widely criticized as anti-LGBTQ.

Czech Republic Takes a Stand

The Czech Republic became the frist EU member state to formally join the case earlier in February 2025, signaling growing unease within the bloc regarding Hungary’s policies.

The Infringement Procedure Explained

An infringement procedure is a mechanism that allows the European Commission to take formal action against an EU member state suspected of violating EU law, potentially leading to significant legal and financial repercussions.

The situation remains fluid, and the outcome of the case at the Court of Justice of the European Union could have far-reaching implications for the protection of fundamental rights and the rule of law within the EU. Stay informed on this critical issue and advocate for policies that promote openness, accountability, and the protection of civil society.

do you think Hungary’s “Sovereignty Protection Law” poses a threat to democratic values and basic rights within the European Union?

Ireland Joins EU Case Against Hungary’s Controversial Law: Interview with European Affairs Expert, Dr. Éamonn Ó Riain

Welcome, Dr. Éamonn Ó Riain, we’re thrilled to have you share your insights with our Archyde audience today.

Dr. Éamonn Ó Riain is a renowned European affairs expert and director of the european Studies Institute at Trinity College Dublin. In light of Ireland’s decision to join the EU case against Hungary’s controversial “Sovereignty Protection Law,” we sought his expert opinion.

European Affairs Expert Reacts to Ireland’s Move

Archyde: Dr. Ó Riain, thank you for joining us today. Ireland has finally decided to join the EU infringement case against Hungary’s “Sovereignty Protection Law.” How significant is this move, and what prompted Ireland to take this step?

Dr. Éamonn Ó Riain: Thank you for having me. Ireland’s decision is indeed significant because it signals a growing concern among EU member states regarding Hungary’s trajectory on democratic norms and fundamental rights. The Tánaiste’s statement that many other member states are eager to join reflects a collective unease within the EU.Ireland’s action is not only about defending its own interests but also upholding the shared values of the European Union.

Concerns Over the Sovereignty Protection Law

Archyde: Critics argue that the Office for the Defense of Sovereignty (SPO) established by this law could be used to stifle dissent and limit civil society activities. How does this law compare to other contentious legislation, such as Russia’s “foreign agent” law, and what are the potential implications?

Dr. Éamonn Ó Riain: Indeed, the SPO’s broad powers, coupled with its political leadership, raise serious concerns about its impartiality. The law echoes Russia’s “foreign agent” legislation, which has been used to silence critical voices and clamp down on civil society. If Hungary’s law follows a similar trajectory, it could mark a significant setback for democratic values and fundamental rights, not just in Hungary, but across the EU, as it may embolden other governments to adopt similar measures.

EU Fundamental Rights at Stake

Archyde: The infringement case argues that this law violates several fundamental rights enshrined in the EU Charter. How solid is the EU’s legal foundation for challenging Hungary on this matter, and what role have other international bodies played in expressing concerns?

Dr. Éamonn Ó Riain: The EU Charter of Fundamental Rights provides a robust legal basis for the European Commission’s challenge. the UN Special Rapporteur on Freedom of Expression and the council of Europe Commissioner for Human Rights have already expressed grave concerns, lending external credibility to the EU’s position. The strength of the EU’s legal arguments,combined with this multinational support,significantly bolsters the case against Hungary’s law.

Thoughts on the Infringement Procedure

archyde: Dr. Ó Riain, as we await the outcome of this case at the Court of Justice of the european Union, what are your thoughts on the potential impact of this infringement procedure on the wider EU project?

Dr. Éamonn Ó Riain: The outcome of this case will undoubtedly influence the EU’s approach to safeguarding its shared values and the rule of law. It could either strengthen the EU’s resolve to enforce its norms or, if Hungary persists and faces minimal consequences, embolden other member states to adopt similarly contentious policies. Ultimately, this case represents a litmus test for the EU’s commitment to its founding principles, and the resulting implications for the Euroean project will be significant.

Join the Conversation

Thank you, Dr.Éamonn Ó Riain, for your insightful comments. The future of EU fundamental rights is indeed at stake, and we urge our readers to stay informed and engaged on this critical issue. Do you agree with Ireland’s decision to join the EU case? What are your thoughts on the potential implications? we welcome your comments below.

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