Hungary's 'Sovereign Defence Authority' law threatens the country's democracy. The domestic opposition and the world are against it

US Department of State spokesman Matthew Miller said that the law on the "defence of sovereignty", which Budapest adopted in December 2023, "is inconsistent with the shared values of democracy, individual liberty, and the rule of law".

This is stated on the US Department of State website.

"The law equips the Hungarian government with draconian tools that can be used to intimidate and punish those with views not shared by the ruling party," the statement said.

The United States is convinced that the Sovereign Defence Authority, the creation of which is envisaged by the new law, could be used to investigate Hungarian citizens without judicial review.The bill on the "defence of sovereignty" was submitted to parliament by the leader of the Fidesz parliamentary faction, Máté Kocsis, on November 21, 2023.

In December, the Hungarian parliament voted in favour of an initiative to fight so-called "foreign influence". 

The bill was supported by 141 MPs, including the far-right Our Homeland Movement. 50 MPs voted against it.

On February 1, 2024, Hungary plans to establish the Sovereign Defence Authority, which will "monitor" those suspected of "threatening the integrity of Hungary." 

The draft law does not clearly define who will be suspected. The term "democratic debate and disinformation campaigns aimed at influencing public decision-making in society", as defined in the law, will be interpreted at the legislator's discretion.

Election candidates who receive foreign funding will face up to three years in prison. 

Non-governmental organisations running in the elections will also be prohibited from accepting foreign campaign contributions. In this case, the court will be able to terminate the organisation's activities.

"This new state body (Sovereign Defence Authority  — ed.) has unfettered powers to interrogate Hungarians, demand their private documents, and utilise the services of Hungary’s intelligence apparatus," commented David Pressman, US Ambassador to Hungary.

He considers the draft law a threat to democracy.

The President of the Sovereign Defence Authority, who will have immunity, will be appointed for a six-year term by the President on the proposal of the Prime Minister. 

At the end of September, Máté Kocsis, the leader of the Fidesz party, said that Hungary's sovereignty was under threat and that "foreign-funded journalists, pseudo-citizens and dollar politicians" would be restricted by new rules in the autumn.

According to him, economic sovereignty is threatened by EU "interference", and cultural sovereignty is threatened by EU migration policy and "imposed gender ideology". 

The new law is also supposed to protect political sovereignty from the "dollar left".

More than a hundred Hungarian NGOs issued a joint statement opposing the introduction of the so-called sovereignty protection law.

Amnesty International Magyarország, Budapest Pride, the Civic Platform for Public Education (CKP), the Hungarian Helsinki Committee and the Hungarian Civil Liberties Union (TASZ) are among the signatories.

"In the course of its investigations, the office will have access to all data and information about NGOs, companies, political parties, churches and even individuals, including sensitive personal data. There is no right of appeal against this procedure," the statement said.

In November 2023, Commissioner for Human Rights of the Council of Europe Dunja Mijatović called on the government to postpone the vote on the draft law. It "poses a significant risk to human rights and should be rejected".

"The invasive scrutiny of the proposed Office could be weaponised against anybody who may be considered an adversary," Mijatović said.

The European Commissioner added that adopting the draft law would give the executive branch "even more opportunities to suppress voices and discredit independent figures and their opponents."

The draft law was also condemned by the International Press Institute, the Balkan Free Media Initiative, the European Centre for Press and Media Freedom and the European Federation of Journalists. 

"The justification for the new bill makes it clear that it targets is the opposition parties. They are accused of receiving funds from abroad, thereby violating party funding rules," said Péter Techet of the Institute for the Danube Region and Central Europe (IDM).

The Hungarian government will chair the EU Council of Ministers for six months, starting in July 2024. On June 6, regular elections are to be held in the European Parliament.However, in May 2023, members of the three main parties in the European Parliament, the EPP, the Renew Europe, and the Greens and Left groups, signed a resolution declaring Hungary's unpreparedness for the EU presidency.

The resolution "questions how Hungary will be able to fulfil this task in 2024 credibly, given its non-compliance with EU law and the values enshrined in Article 2 TEU, as well as the principle of sincere cooperation," Euroactiv cited the resolution.

The discussion and approval of the draft law on the "defence of sovereignty" coincided with the start of an anti-campaign against the President of the European Commission, Ursula von der Leyen.

In September, billboards appeared in Hungary with images of Ursula von der Leyen and Alexander Soros, the son of billionaire George Soros, and the words "Let's not dance to their tune". It is the first time the President of the European Commission has been targeted this way. Previously, similar posters featuring the image of her predecessor, Jean-Claude Juncker, and George Soros had been put up.

The ruling Fidesz party, which has been in the majority in parliament since 2010, put up the billboards. Fidesz is known for its Euroscepticism, anti-immigration policies and Hungarian nationalism. 

The European Commission Chief Spokesperson, Eric Mamer, said that von der Leyen was "completely unfazed" and did not bat an eyelid upon being shown the images.

"Let's be clear. We know this is not the first time. And it probably won't be the last. We have things to do. We have crises to manage. We have policies to implement," said Eric Mamer.

In November, Hungary held so-called "national consultations". The issues included migration, support for Ukraine, and LGBTQ+ rights. The survey will run until January 2024. 

Some of the questions contain false information, such as the statement about " financial support from Brussels to Palestinian organisations that allegedly reached Hamas" and Brussels' desire to "create migrant ghettos in Hungary".Other issues concern military and financial support for Ukraine, as well as Ukraine's membership in European institutions.