Weaponizing Sovereignty: Hungary’s Protection of National Sovereignty Act and the Erosion of Fundamental Rights

The Hungarian Prime Minister submitted Act LXXXVIII of 2023 on the Protection of National Sovereignty to fight unwarranted political intervention by foreigners or specialized organizations. The major task is to “protect the constitutional identity,” as outlined in Article R (4) of the Fundamental Law, by implementing proposals, investigations, analyses, and assessments in accordance with the law. This article uses normative legal research methodology to examine Hungary’s approach to sovereignty protection and its interpretation under international law. The analysis shows that the SPO (Sovereignty Protection Office) has extensive authority, including the ability to conduct investigations and determine whether organizations receive foreign funds, which serves as a reference for identifying whether individuals or organizations act as instruments of undermining Hungarian Sovereignty. This article also found that the lack of a clear definition of the SPO’s objectives is significant. While EU law and the Court of Justice of the European Union (CJEU) recognize the protection of Member States’ national identities, this concept does not give state bodies complete authority to violate fundamental rights and EU law.