Council of Europe’s Venice Commission

Venice Commission: Hungarian law on foreign-funded NGOs still raises concerns

Daily News Hungary

The Hungarian law on foreign-funded NGOs, despite amendments, still raises concerns, the Venice Commission said in an opinion published on Friday.

The Council of Europe’s advisory body, composed of independent experts in constitutional law, said that it had adopted an opinion clarifying its preliminary opinion. The law, passed this week, only partly satisfies the preliminary opinion’s main recommendations, the Venice Commission said.

The Commission again acknowledged that the aim of ensuring transparency of civil society organisations in order to prevent undue foreign political influence, money laundering and terrorism-financing is, in principle, legitimate.

“However, the commission stressed that this legitimate aim may not be used to stigmatise NGOs or restrict their ability to carry out their activities. This effect would go beyond the legitimate aim of transparency,” the opinion showed.

“The Venice Commission praised the removal of provision in the law for the automatic sanction of “dissolution” for non-respect by an association of obligations imposed by the law, notably the failure to report foreign funding beyond a certain annual threshold,” it added.

The revised opinion showed that the broad exceptions to the application of the law, notably the recently added exception for national minorities organisations, coupled with the negative rhetoric that continues to surround this matter, cast a doubt on the genuine aim pursued by the law.

It added that the obligation to mention foreign-funding on all press products of an NGO has been maintained, which is clearly disproportionate and unnecessary in a democratic society.

“The commission also regretted that no public consultations were held prior to the final adoption of the law,” it said.

“For these reasons, the Venice Commission found that the amendments adopted by parliament on 13 June are not sufficient to alleviate the concerns that the law causes disproportionate and unnecessary interference with freedom of expression and association, the right to privacy and freedom from discrimination”, the revised opinion showed.

The Venice Commission said on its website that the final version of the revised preliminary opinion will be made available on Monday 19 June.

In addition, it said that a delegation of the Venice Commission will visit the Central European University, NGOs and government officials in Hungary to prepare an opinion on another Hungarian law that could close the George Soros-founded university in October.

Hungarian parliament passes foreign-funded NGO transparency law – UPDATE

Prime minister Orbán

Lawmakers on Tuesday passed a law requiring civil groups receiving foreign donations above a certain threshold to register as organisations funded from abroad.

The government-sponsored bill was passed with 130 votes in favour, 44 against and 24 abstentions.

Under the law, civil groups will be required to register as foreign-backed groups once their foreign donations reach 7.2 million forints (EUR 23,400). European Union funds will not count towards the threshold.

The NGOs’ details will be made public and they will be required to declare that they are considered organisations funded from abroad by law on their websites and in all of their press materials.

Civil groups that fail to disclose the source of funding they receive from abroad will be sent a notice by a public prosecutor calling on them to comply with their obligations. NGOs that fail to fulfil their obligations after a second notice will be fined.

Under the original bill, if an NGO would still have failed to fulfil their obligations after the imposition of a fine, a public prosecutor would have taken legal action for the dissolution of the NGO in question, but this provision was removed at the recommendation of the Venice Commission.

NGOs are eligible for deregistration as a foreign-backed group if their foreign donations do not reach the 7.2 million forint threshold for two consecutive fiscal years.

In line with the Venice Commission‘s recommendation, NGOs will not be required to submit detailed personal data of foreign donors if their individual annual donations do not amount to 500,000 forints.

The law does not apply to sports or religious organisations, associations or foundations that do not qualify as NGOs or national minority organisations.

Socialist deputy group leader László Szakács said his party opposed the proposal seen as one curbing the freedoms of civil organisations.

The opposition Democratic Coalition in a statement voiced support for civil society, which they said was “as important a pillar of democracy as a free and independent media. “Hungary needs Europe rather than Russia and prisons should not be filled with civil activists or opposition politicians – as in Russia – but with corrupt politicians and criminals,” they added.

Green LMP said they would request the Constitutional Court’s scrutiny of the new law.

Zsuzsanna Szelényi of the Együtt (Together) party called the law “immoral, discriminative and unnecessary”.

According to the Liberal Party, the government’s aim was to stigmatise civil organisations and restrict their room for manoeuvre rather than to increase transparency through the “Russian-style” law.

The Civil Liberties Union (TASZ) and the Hungarian Helsinki Committee indicated that they would boycott the law and not register.

Amnesty International said the law was aimed against organisations helping “the poor, sick children, refugees, migrants and other vulnerable groups” providing services for them which “the state should but would not”.

Ruling Fidesz said in a statement that TASZ and the Helsinki Committee have “openly turned against the will of the Hungarian people” through their boycotting the law, which Fidesz sees as necessary “to screen the network of (George) Soros”. “Soros has declared war on Hungary; he wants to dismantle the (border) fence and bring in migrants, using his agencies”, Fidesz added in its statement.

Photo: MTI

Orbán’s cabinet accepts most Venice Commission legal concerns over civil organisations law

Daily News Hungary

The government accepts the Venice Commission’s concerns over the government-initiated bill on the transparency of civil organisations financed from abroad, and will amend the bill accordingly, the government office chief said on Thursday.

Speaking at a regular weekly press briefing, János Lázár said the cabinet had heard Justice Minister László Trócsányi on the matter on Wednesday and had taken his advice to accept the commission’s recommendations regarding the legal aspects of the bill. The government, however, rejected recommendations concerning the bill’s political aspects, Lázár added.

The government office chief emphasised that the Venice Commission does not doubt the legitimacy of the bill and had acknowledged that creating a transparent state of affairs concerning NGOs funded from abroad was a legitimate objective for parliament.

Lázár said the amended bill will only take into account financial support received from abroad in one fiscal year instead of three when determining if an NGO is eligible for deregistration as a foreign-backed group.

Answering a question on another subject, Lázár said the government is prepared to hold talks with the New York state government on the situation of Budapest’s Central European University at the end of June. The Hungarian government will be represented in the talks by prime ministerial commissioner Kristóf Altusz.

Fidesz accepts most Venice Commission recommendations concerning civil organisations law

Daily News Hungary

Lawmakers of ruling Fidesz will support “the majority” of the recommendations the Venice Commission has made concerning the government-initiated bill on the transparency of civil organisations financed from abroad, the party’s deputy group leader told a press conference on Wednesday.

Referring to the commission’s evaluation of the bill, Gergely Gulyás said that “the body has acknowledged that ensuring access to information on foreign funding to non-governmental organisations is a legitimate objective”.

Gulyás noted that positions by the Venice Commission have no binding effect. He added, however, that Fidesz “has so far considered and will again consider the majority of the body’s recommendations”.

Referring to US billionaire George Soros, Gulyás insisted that the new law was necessary to ensure the transparency of Hungary’s “Soros-organisations” and to clarify allegations of some organisations being financed “from the east”.

Venice Commission: Hungary’s NGO transparency bill has legitimate aims but is excessive

Hungary parliament

The Hungarian government’s bill on the transparency of foreign-funded civil groups pursues legitimate aims but imposes excessive obligations on NGOs and flags disproportionate sanctions, the Venice Commission said in a preliminary opinion on the bill published on Friday.

In its opinion, the commission acknowledged that the bill before parliament could be useful in the fight against money laundering and the financing of terrorism.

The commission said the bill “wisely” refrains from labelling foreign-funded NGOs as “foreign agents”. It added, however, that the mounting of a “virulent campaign by some state authorities” against foreign-funded NGOs may raise concern that certain provisions in the bill may leave the door open for discrimination.

In the document, the Venice Commission advises Hungarian authorities to consult civil groups about the contents of the bill before it is passed into law.

The commission, however, welcomed that under the bill, sanctions on NGOs that fail to disclose the source of funding they receive from abroad would be imposed in a gradual process. The opinion added, at the same time, that any sanctions imposed must be in line with the principle of proportionality and should only be imposed in the cases of the most serious breaches of obligations.

The Venice Commission established that the three-year period NGOs are required to go without foreign funding in order to qualify for deregistration as foreign-backed groups was too long and “appears to be arbitrary”. It recommended that the duration should be reduced to one year. Under the bill, the requirement to register as a foreign-backed group would apply to NGOs receiving more than 7.2 million forints (EUR 23,400) a year from foreign donors.

The commission also considers the obligation by NGOs to declare that they receive funding from abroad on all their press products and publications excessive.

It also noted that the bill does not apply to sports or religious organisations or groups that do not qualify as NGOs, such as political parties.

Earlier this week, the ruling Fidesz party’s parliamentary leader said parliament would vote on the bill on June 12.

Photo: MTI

House speaker: Hungary ready for constructive dialogue with Council of Europe

Budapest (MTI) – Hungary has demonstrated on several occasions that it is ready to enter into constructive dialogue with the Council of Europe and will continue to do so, Parliamentary Speaker László Kövér said in a letter addressed to the Council of Europe Commissioner for Human Rights, forwarded to MTI by the parliament’s press office on Monday.

Kövér responded to a letter by Nils Muiznieks, in which the Commissioner had expressed concern in connection with the draft law on the transparency of NGOs supported from abroad and called on MPs to reject the law.

Kövér noted in his response that the CoE under Secretary General Thorbjorn Jagland has shown an open and constructive spirit towards its member states and this has greatly contributed to the settlement of sensitive issues raised within the framework of the organisation.

“Only through negotiation and cooperation can we find long lasting solutions that reconcile the norms and principles of the organisation with legitimate national interests. I hope you share this approach,” he said.

Kövér said it is important to underline that Hungary recognises the significant contribution of non-governmental organisations to the promotion of common values and goals. These organizations also play an important role in the democratic control of the government and shaping public opinion, he added.

The right to freedom of association, as well as other connected fundamental rights, such as the freedom of assembly and the freedom of expression, are guaranteed by the fundamental law of Hungary in line with the norms of the CoE, he said.

The draft law submitted by four MPs is aimed at enhancing the transparency of funding of non-governmental organizations, Kövér said. It neither affects the basic rights associated with freedom of association, nor blocks the access of the affected organisations to resources on the grounds of nationality or country of origin, he added.

As noted in the joint OSCE/ODIHR and Venice Commission Guidelines on Freedom of Association, as well as the expert opinion of the Venice Commission on the issue, the freedom to seek, receive and use resources can be subject to requirements related to the prevention of money laundering or terrorism, he said. These documents also underline that resources received by civil organisations may legitimately be subject to reporting and transparency requirements, he added.

Kövér expressed his belief that after careful examination of the document Muiznieks will acknowledge that the overall aim of the draft law is in line with the relevant international guidelines, including those elaborated under the auspices of the CoE.

“I wish to note that the issue of the Draft Act on the transparency of organisations receiving support from abroad was discussed in the meeting on 24 April between Secretary General Jagland and Minister of Justice Trocsanyi, and the two have agreed to continue expert discussions on the legislation”, he said.

“As you are also aware the Parliamentary Assembly of the c has requested the opinion of the Venice Commission on the draft law. Hungary stands ready to continue the dialogue within the framework of Council of Europe based on shared values and principles and, last but not least, mutual respect,” he added.

 

Photo: MTi

Hungarian member votes against Venice Commission opinion on Poland

Budapest (MTI) – András Varga Zs of Hungary was the only member of the Council of Europe’s Venice Commission who voted against a report on Poland adopted by the pan-European rights body on Friday.

The report said that the recent law amendments limiting the efficiency of the Polish Constitutional Court undermined democracy, human rights and the rule of law in Poland.

Varga, who is member of Hungary’s Constitutional Court, told MTI on Saturday that he opposed the report for its “one-sidedness” and its failure to take into account fully the actions of Poland’s head of state Andrzej Duda in connection with changes in the makeup of the court.

Venice Commission recognises progress in media regulations, says justice minister

Daily News Hungary

Budapest, June 20 (MTI) – The Council of Europe’s Venice Commission has recognised progress in Hungary’s media regulations, and Justice Minister Laszlo Trocsanyi said at its plenary session that both he and the Hungarian government were prepared for a dialogue with the opposition, the justice ministry told MTI on Saturday.

The commission evaluated Hungary’s media laws adopted in 2010, and the law on the advertisement tax introduced in 2014, it said.

Trocsanyi welcomed that the commission had approved a majority of the government’s proposed amendments to the draft report and acknowledged that the principle of proportionality had been enshrined in the Hungarian constitution.

Under Hungary’s proposal, a statement inserted in the document establishes that the European Court of Human Rights has never examined the laws on press freedom, the fundamental rules of media content, media services and mass communication.

The commission’s 30-page opinion, approved on Friday, recognised progress in media regulations, and made recommendations for a more effective implementation of the related rules of laws, the ministry said.

Venice Commission calls for further changes to Hungary media law

Brussels (MTI) – Though Hungary has improved its media regulations in recent years, increasing the freedom of the media in the country requires further measures, the Council of Europe’s Venice Commission said in a position adopted on Friday.

The Commission evaluated Hungary’s media laws adopted in 2010, and the law on last year’s advertisement tax. Concerning the latter, the document said that Hungary’s reducing the tax in May resolves a number of the issues, and welcomed the Hungarian government’s openness to change the contested legislation. It added however, that the tax should be distributed evenly and without any discrimination, and said that the ailing media sector should not be overburdened.

Concerning Hungary’s stipulations on media content restrictions, the Commission said those passages were not sufficiently clear and that they should apply the principle of proportionality.

The Commission voiced disagreement with a ban on criticising religious or political views, as well as with stipulations that media content cannot violate privacy rights, cases of which should be discussed by law courts.

Authors of the document agreed that the state should fight slander, obscenity or hate speech, but said that the Hungarian legislation’s such concepts as ethics or constitutional order were too vague and allowed a too broad interpretation by law courts.

According to the document, the composition of Hungary’s Media Council should also be changed so as to ensure representation of significant political and other groups, as well as that of the media. The authority and selection of the head of the Council, who also heads the media authority, should also be changed to ease a concentration of authority and ensure political neutrality, the document said. The document noted that changes made to those rules in 2013 were positive, but not sufficient to guarantee the actual independence of the Council.

Hungary needs to find a way to make the Media Council a politically neutral body, the document said, and suggested that the body’s members were selected based on political considerations.

The public media needs to be decentralised, and the national news agency (MTI) should not be its exclusive supplier of news, the document insisted.

Photo: sarnyai.hu

The Research Institute of National Policies: the President of the Venice Commission questions the work of the Advisory Committee on the Framework Convention

Daily News Hungary

The declarations of the President of the Venice Committee made at a Cluj-Napoca/Kolozsvár conference weaken the effectiveness European minority protection mechanisms and question the work of the Advisory Committee on the Framework Convention– declare in an analysis the researchers of the Budapest based Research Institute of National Policy.

The analysis was made after a conference was organized at April the 30, at Cluj-Napoca/Kolozsvár by the Romanian Ministry of Foreign Affairs and Babeș-Bolyai University, where Gianni Buquicchio, the President of the Venice Committee also participated. At the conference, Gianni Buquicchio praised the Romanian minority model, saying that it was an exemplary minority protection model.

According to the analysis of the researchers of the National Policy Institute, the Romanian minority model is by no means an “exemplary one”, as regular conflict between majority and minority is common, and organizing such conferences will lessen the chances of finding real solutions to Romania’s severe problems in the field of minority protection.

„In our view, the circumstances of organizing of the conference and the things that were said there perfectly illustrate Romania’s minority policies: while the Romanian Minister of Foreign Affairs called Romania’s minority model exemplary, emphasizing it that its essence is the inclusion of minorities into decision making, the biggest minority protection organization, UDMR/DAHR was not invited to participate.

Invitation was not sent to the Cluj-Napoca/Kolozsvár based Romanian Institute for Research on National Minorities either, the minority research institute of the Romanian state.”- is written in the analysis.

Gianni Buquicchio’s declaration that “the Romanian authorities pay close attention to respecting the Convention and other applicable norms” raise a series of serious questions. Within the Council of Europe two treaties were made, the alongside the Framework Convention for the Protection of National Minorities Romania also ratified the European Charter for Regional and Minority Languages. The representatives of the Monitoring Commissions that follow the application of the norms of these treaties were also not invited to the conference. The researchers find it highly unusual, that the members of the Advisory Committee on the Framework Convention could not send a representatives to conference that had its topic the Framework Convention. The researchers also pointed it out that Gianni Buquicchio overtook the role of the Advisory Committee and formulated a rather strong opinion in a matter that is outside his expertise.

„In case the representatives of the Advisory Committee were present at the Cluj/Kolozsvár conference, they couldn’t have overlooked the fact that Romania is more than a year late with presenting its report on how the Convention’s norms are respected and applied in the country, as well as the fact that Romania disregarded the recommendations of the previous monitoring.

When it comes to applying the norms of the European Charter of Regional and Minority Languages, the problem is even more severe: Romania should have presented its last report more than three years ago, while monitoring is due every three years.

We acknowledge with great surprise that by praising Romania’s minority policies, – especially when saying that the Romanian authorities pay close attention to respecting the Convention and other applicable norms – the President of the Venice Committee questions the work of the Advisory Committee.

Gianni Buquicchio overlooked also the 2014 Report of the European Commission against racism and Intolerance (ECRI), which pointed out the Romanian authorities’ inconsistencies and abuse when it comes to regional symbols of minorities, the restitution of nationalized estates and its negative attitude towards the dismissive decisions of Strasbourg Human Rights Court. “- is written in the analysis.