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According to the Court of Justice Advocate General’s opinion, the fact that under the Hungarian 2017 Lex NGO, civil society organisations receiving foreign donations are subject to restrictions violates the right to the protection of private life and the right to freedom of association and infringes the principle of free movement of capital. This is not justified by the general interest objectives relied on by the government of Hungary.

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Judicial independence has been under constant threat and has been systematically undermined by the governing majority in Hungary in the past seven years. How did they do it? A timeline prepared by the Hungarian Helsinki Committee and Amnesty International Hungary outlines the major steps.

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Giving continuity to their cooperation, in the past months, the HHC and the Dutch Council for Refugees (DCR) collaborated on the project Conducting strategic communications and advocacy in complex policy environments, funded by EPIM (European Programme for Integration and Migration).

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Since 2015, the systematic government’s anti-migrant hate campaign has strongly relied on an Islamophobic and anti-Muslim rhetoric, which has increased intolerance of the majority population towards Muslim communities. With this backdrop, the HHC decided to execute the project Right to faith: protecting the right to freedom of religion in Hungary over 2018 and 2019, funded by the Embassy of the Netherlands in Budapest.

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Judicial independence is being systematically undermined in Hungary. The Hungarian Helsinki Committee and Amnesty International Hungary recommend specific steps that would remedy the long-standing systemic deficiencies of the system, thus restoring and safeguarding judicial independence.

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The new Bill amending rules on courts, submitted on 12 November to the Hungarian Parliament, should not be adopted in its current form.

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The Grand Chamber of the European Court of Human Rights (GC) delivered its judgment in the case of Ilias and Ahmed v. Hungary on 21 November 2019. In its judgment the GC affirmed the Chamber’s judgment of 2017 in relation to the violation of Article 3 regarding the return of the applicants to Serbia.

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The Kúria (Supreme Court of Hungary) upheld the Budapest Court of Appeal’s (Fővárosi Ítélőtábla) previous final judgment in all aspects: The Hungarian Government’s 2017 National Consultation Questionnaire contained false allegations and ruined the Hungarian Helsinki Committee’s reputation. The ruling ordered the Prime Minister’s Office to pay two million HUF in damages.

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Ilias and Ahmed, clients of the Hungarian Helsinki Committee, have been granted EUR 5,000 each as a compensation of their non-pecuniary damages by the European Court of Human Rights. Their human rights have been violated when the Hungarian authorities failed in their duty to examine the risks the applicants would be facing as a result of their expulsion to Serbia.

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On 12 November 2019, the Hungarian Government submitted a Bill to the Parliament which, if adopted, will have a significant negative impact on judicial independence, however, in a much more covert and technical way than the earlier, withdrawn plan to put administrative courts under the Minister of Justice.

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