Ivana Bacik (Dublin Bay South, Labour)
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184. To ask the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 71 of 11 February 2025, the rationale for non-participation in case C-829/24; and if he will report on his Department’s engagement with civil society organisations in Hungary. [7353/25]

Simon Harris (Wicklow, Fine Gael)
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Ireland recognises that it is the responsibility of the European Commission to monitor whether EU member states apply EU laws correctly and on time. If national authorities fail to implement EU laws, it is also the responsibility of the European Commission to decide whether to initiate formal infringement proceedings against the country in question. The infringement procedure allows the Commission to take formal action against Member States if they are suspected of breaching EU law. Although figures for 2024 are not currently available, in 2023 alone, the European Commission opened 529 infringement proceedings and decided to refer a total of 82 cases to the Court of Justice. Ireland does not normally intervene in such infringement proceedings, and a decision not to intervene in a given case does not in any way reflect a lack of support for the actions of the Commission in bringing an individual action.

Ireland has, however, consistently raised our concerns about Hungary’s Sovereignty Protection Law, and its negative impact on civil society space in Hungary, including in direct contacts with our Hungarian interlocutors. Following the decision by the European Commission to launch infringement proceedings against Hungary in Case C-829/24, Ireland has been in regular contact with other EU Member States on the case. In recent days, it has become clear that there is an appetite for a significant number of EU Member States and others, to join in support of the Commission in Case C-829/24. Ireland has now confirmed its intention to join in support of the Commission in this case.

It remains Ireland’s position that it is primarily the responsibility of the European Commission to monitor whether EU member states apply EU laws correctly and on time and to respond accordingly. However, in intervening on this occasion, Ireland recognises the significant legal concerns raised by the European Commission in their infringement procedure notification. In particular, these concerns relate to the establishment of an organ of the state, the Sovereignty Protection Office, and the impact of its activities and powers on the fundamental values, and other laws and regulations, of the European Union, which will be argued in this case for the first time.

These concerns are also shared by Ireland and informed our decision to intervene on this occasion. This decision also builds upon concerns previously raised by Ireland when joining Case C-769/22 in relation to Hungary’s so-called “Child Protection Act” in 2023.

The Department of Foreign Affairs, including through our Embassy in Budapest, regularly engages and consults with Hungarian civil society. The Department supports several civil society organisations working to defend the Rule of Law, and protect minority rights in Hungary. A visiting delegation of such organisations met with former Minister of State for European Affairs Carroll MacNeill in Dublin in September 2024. Along with regular meetings with civil society organisations in Budapest, Embassy representatives also travel throughout Hungary to meet with civil society organisations, including organisations that support and promote Roma, LGBTI+ and other minority organisations. Embassy representatives have travelled to the Pécs region in 2023 and 2024 to meet with local civil society organisations and attended Pécs Pride on both occasions. The Embassy attends Budapest Pride annually and, in 2024, led in co-ordinating the 2024 Embassies’ Joint Statement on the occasion of the 29th Budapest Pride, delivering an agreed statement with 44 signatories.

Ireland will continue to voice our concerns in relation to Hungary’s Sovereignty Protection Law, including in direct contacts with our Hungarian interlocutors. We will also continue to engage with and support Hungarian civil society organisations that work on the rule of law and minority rights in Hungary.