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RECLAIM Legal Briefing: How to Use Article 2 TEU in Infringement Procedures

The Commission has taken action against Hungary (Case C-769/22) for violating the rights of LGBTIQ
people. Their case rests, in part, on Article 2 of the Treaty on European Union (TEU). This short briefing is intended to tackle uncertainties and overcome reservations as far as the judicial
application of Article 2 TEU is concerned. It seeks to answer the following four questions: whether, how, when and under what limits can Article 2 TEU be invoked as a ground in infringement proceedings?

Civic Space

RECLAIM Governance

RECLAIM’s Ethics and Human Rights Defender Protection Policy

We have your back - always

1 Jul 2024

RECLAIM’s Helpdesk is dedicated to supporting local human rights defenders work ethically and responsibly. If our joint advocacy leads to backlash from governments or anti-rights actors, RECLAIM has a "solidarity safety belt" to minimize risks. Should retaliation occur, here’s what you can expect:

Civic Space

Legal Opinion: Bulgaria’s 2024 law banning comprehensive sex-ed

1 Sept 2024

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Civic Space

Letter: NGOs stand in solidarity with Transparency International Hungary and Átlátszó and urge the EU to protect civic space in Hungary

27 Jun 2024

RECLAIM has co-signed a letter addressed at European Commission President Ursula von der Leyen and Vice-President Věra Jourová standing in solidarity with Transparency International Hungary and Átlátszó. Both organisations have been subject to an investigation by the Sovereignty Protection Office.

Civic Space, Rule of Law, Transparency

Letter sent by the Hungarian Sovereignty Protection Authority to Transparency International Hungary

This is an unofficial English translation prepared by RECLAIM of the letter sent by the Sovereignty Protection Office to Transparency International Hungary on 18 June 2024.

All topics

How can one challenge the actions of the Sovereignty Protection Office in Hungarian courts?

17 Jun 2024

This document suggests a course of action to contest the activities of the Hungarian Sovereignty Protection Office.
Section 1 explains why the Office’s activities can be challenged before a national court. Section 2 outlines the recommended formulation of preliminary reference questions to be submitted to the Court of Justice of the EU.

Civic Space

RECLAIM Factsheet: Hungary's new "Sovereignty Protection Office"

We break down its details and consequences

14 Jun 2024

On 12 December 2023, Hungary passed Act LXXXVIII of 2023 on the Protection of National Sovereignty, which created a so-called Sovereignty Protection Office (SPO). In effect, the SPO can be used to humiliate and discredit anyone whose opinions the government opposes. The government is already investigating Péter Magyar, who is Prime Minister Orbán's main rival, and NGOs face even more pressure. Download our factsheet to get all the information you need in less than 5 minutes.

All topics

English version of the report of the Hungarian National Assembly on the "actions of the left against Hungarian interests in Brussels"

14 Jun 2024

This is an unofficial English machine translation proofread by a Hungarian native speaker of the report published 6th May 2024 by the Committee on European Affairs of the Hungarian National Assembly on its investigative activities aimed at “exposing the political actions of the left against Hungarian interests in Brussels”.

Rule of Law

The European Parliament fights to ensure compliance with the EU Charter of Fundamental Rights

13 Jun 2024

This document contains details about the ongoing legal action taken by the European Parliament against the European Commission after the controversial release of about €10 billion that was previously blocked due to rule of law concerns in Hungary.
Section 1 explains the legal framework, Section 2 gives an overview of the potential legal arguments by the EP and Section 3 offers recommendations for Member States' action.

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RECLAIM translation of the "Report on the investigation of footage published on social platform X"

13 Jun 2024

This is an unofficial English translation prepared by RECLAIM of the report published 22nd May 2024 by the Sovereignty Protection Office under the title: Report on the investigation of footage
published on social platform X.

All topics, Civic Space, Rule of Law, Transparency

RECLAIM | Infringement guidelines to defend TEU values

The purpose of this document is to explain the need for the European Commission to adopt infringement guidelines to effectively defend the values of Article 2 TEU.
Section 1 describes the shortcomings that the Commission should tackle and provides recommendations on how to do so, while Section 2 explains the steps that should be taken for those guidelines to materialise.

Civic Space

RECLAIM Factsheets & Updates

RECLAIM Legal Opinion: Hungary’s "Sovereign Defense Authority" Law - PPT Slides

Pressed for time? Quickly download our PowerPoint summary instead of the full legal opinion!

31 May 2024

Our legal opinion exposes substantial breaches of EU law, including GDPR violations, impediments to the free movement of goods, services, capitals, and workers, and infringements of fundamental EU Charter rights. It argues Articles 2 and 10 of the TEU have also been violated. Recommendations include accelerating the infringement procedure and requesting interim measures against Hungary.

Rule of Law, Civic Space

RECLAIM Factsheets & Updates

RECLAIM Letter: Urgent Call to Suspend Hungary's Law on the Defense of National Sovereignty

Read our joint letter addressed to Commission President Ursula von der Leyen and Commissioner Věra Jourová.

21 May 2024

In this letter, RECLAIM and five other international civil rights groups dedicated to upholding democracy respectfully request that the Commission expedites the infringement procedure and request interim measures to ensure the integrity of the 2024 European Parliament elections. Download it below

Transparency

RECLAIM Factsheets & Updates

RECLAIM FOIA: Copies of documents authorishing the release of EUR 10 billion to Hungary

8 Jul 2024

RECLAIM has requested the European Commission to release the documents related to the disbursement of EUR 10 billion to Hungary under the Common Provisions Regulation. According to the Commission, Hungary had met the requirements of "independence of the judiciary" needed to access such funds, but civil society organisations and the European Parliament question such decision.

Civic Space

RECLAIM Factsheets & Updates

RECLAIM Letter: Invitation to Join the Case C-769/22 - European Commission vs. Hungary

17 Apr 2024

RECLAIM urges Polish Ministers Sikorski and Bodnar to join EU case C-769/22 against Hungary's anti-LGBT law. Participation would boost trust in Polish institutions, strengthen EU relations, counter foreign interference, and affirm Poland's commitment to universal human rights. Read our joint letter with Háttér and Forbidden Colours here.

Civic Space

RECLAIM Legal Opinions

RECLAIM Legal Opinion: Hungary’s "Sovereign Defense Authority" Law (v2)

This is the second version of the legal opinion, updated in light of the implementation of the Sovereignty Law

16 Jul 2024

Our legal opinion exposes substantial breaches of EU law, including GDPR violations, impediments to the free movement of goods, services, capitals, and workers, and infringements of EU Charter of fundamental rights. It argues Articles 2 and 10 TEU have also been violated. Recommendations include accelerating the infringement procedure, requesting interim measures and maintain the fund freezing against Hungary. Explore our full analysis and recommendations.

Rule of Law

EU Funding Instruments and Rule of Law

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Rule of Law

RECLAIM Policy Briefs

Erasmus+ in Hungary: Concerns and Solutions

Understanding the Impact of Public Interest Trusts on Hungarian Universities: A Comprehensive Q&A

Hungarian students are heavily impacted by the EU decision to activate the Rule of Law Conditionality Regulation against the Hungarian government. This FAQ explains the reasons behind and the consequence of such decision. An interim solution is introduced, which could help students' circumstances regain access to Erasmus+.

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