A „külföldi ügynökökről” szóló törvények alkotmányjogi kérdései
On constitutional issues of “foreign agent” legislation

Summary/Abstract: In the recent years several countries adopted laws that seek to protect domestic democratic processes from external influence by treating foreign financial support as foreign influence – and labelling the organizations that accept such support as agents of foreign interests. Donations from foreign entities are often proscribed on the grounds of sovereignty protection, with the objective of preventing external or foreign influence. The Venice Commission deems such a prohibition to be general, whereas the Council of Europe explicitly mandates its incorporation into legislation. The aim of this paper is to introduce and analyse the Hungarian and other laws on the associations that receive foreign funding and so qualify as foreign agents – in a broader context. The Hungarian Act of sovereignty protection of 2023, preceded by a legislative piece in 2017 pertaining to non-governmental organisations, sets acceptable goals by referring to transparency and protecting national sovereignty. However, the vague wording of its sanctions and procedures does not meet the requirements of the rule of law and may have a chilling effect on the free and democratic political discourses. Furthermore, EU legislation addresses the issue of combating Russian propaganda and hidden subsidies. It is important to consider the potential implications of foreign agent legislation on the democratic process in countries that exclude foreign financial contributions due to concerns about the threat to national sovereignty.

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