Case C-78/18 | Commission v Hungary

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Publication Date 2017-
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Summary:

Judgment from the Court of Justice of the European Union (CJEU) on the restrictions imposed by Hungary on the financing of civil organisations from abroad.

Further information:

Hungary adopted a law in June 2017 aimed at ensuring transparency in civil organisations (NGOs) that receive foreign funding. Under such law, these organisations must register with the national authorities as 'organisations in receipt of support from abroad' where the amount of the donations they received in a given year reaches a certain threshold. When registering, the organisations are also required to name the donors whose support reaches or exceeds HUF500,000 (approximately € 1 500) and the exact amount of the support. That information is later published on a free, publicly accessible e-platform. In addition, the civil organisations concerned must indicate on their homepages and in their publications that they are an ‘organisation in receipt of support from abroad’.

In December 2017, the European Commission decided to refer Hungary to the CJEU for failure to fulfil obligations under EU law: infringement of the principle of free movement of capital, infringement of the right to respect for private life, to protection of personal data and to freedom of association.

On 14 January 2020, the CJEU's Advocate-General issued an Opinion which suggests that the Hungarian legislation at issue unduly restricts the free movement of capital, in that it includes provisions which amount to unjustified interference with the fundamental rights of respect for private life, protection of personal data and freedom of association protected by the Charter of Fundamental Rights of the European Union.

Related Link(s)
Official
CJEU CURIA: Case C-78/18 | Commission v Hungary http://curia.europa.eu/juris/documents.jsf?num=C-78/18
CJEU: Press Release, 14/01/2020: Opinion of the Advocate General in the case C-78/18 Commission v Hungary (Transparence associative) https://curia.europa.eu/jcms/jcms/p1_2754300/en/

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