FRA statement on recent developments affecting civil society and fundamental rights

The character of these recent legislative changes – with one law still to be adopted – raises serious concerns not only for fundamental rights within Hungary but also for the broader commitment to EU values enshrined in Article 2 of the Treaty on European Union. These include respect for human dignity, human rights, minority rights, pluralism, non-discrimination, tolerance, justice, solidarity and equality.

While it is the European Commission’s competence to assess the specifics of legislation, FRA is compelled to highlight that an exceptional situation like the one developing in Hungary – such as legislating to enable a ban on the Budapest Pride – can and should be prevented across the EU. The agency also recalls that any legal reform affecting CSOs must respect fundamental rights. A vibrant, independent civil society is a pre-condition for the functioning of democracy and essential to safeguarding the rule of law and fundamental rights in all EU Member States.

Although these worrying developments are specific to Hungary, they reflect broader trends of democratic backsliding, shrinking civic space and challenges to fundamental rights across the EU. Democratic erosion rarely occurs through sudden ruptures. It rather unfolds incrementally – manifesting through the deliberate weakening of checks and balances, constraints on civil society actors, the undermining of judicial independence, and the persistent contestation of established human rights law.

Evidence from FRA’s Fundamental Rights Reports 2023 and 2024, and the report ‘Protecting civil society – Update 2023’ points to a marked deterioration in civic space in recent years across a range of EU Member States. It confirms worrying trends, including:

• the adoption of legislation restricting the right to peaceful assembly, often without due oversight, impact assessments or public consultation;
• the use of surveillance technologies, including the use of facial recognition software to police public demonstrations and gatherings;
• a growing body of legal, administrative and financial measures targeting CSOs, human rights defenders, journalists and activists, including restrictions that disproportionately affect organisations receiving EU or other foreign funding;
• legislation that enables authorities to dissolve, defund or deregister CSOs and independent media outlets;
• the spread of stigmatising narratives that aim to delegitimise or discredit civil society actors.

Considering these developments, FRA calls on EU Member States to:

• ensure that all laws affecting CSOs and their work are fully compliant with EU and international legal obligations and fundamental rights;
• ensure meaningful legislative scrutiny and public consultation in the adoption of such measures;
• safeguard the rights of LGBTIQ+ people and protect those who defend them, including by upholding their rights during peaceful assemblies and gatherings;
• refrain from enacting measures that restrict the freedoms of association or expression, especially including those based on the origin of funding;
• refrain from the misuse of administrative, legal or financial mechanisms to restrict public participation and civic action and as well as media freedom;
• encourage the reporting of harassment or attacks against CSOs and human rights defenders, and properly record, investigate and prosecute such violations to uphold the rule of law.

FRA also calls on EU institutions to:

• act decisively to address the urgent need to protect fundamental rights, civic space and civil society actors under threat across the Union;
• support the implementation of rulings of the Court of Justice of the EU and ensure repeal of legislation found in breach of EU law – including through interim measures where necessary;
• support and make use of mechanisms for the protection of civil society actors and human rights defenders;
• support CSOs through sustainable funding of their work and capacity-building mechanisms.

The undermining of civic space and targeting of independent voices within the EU demands a coordinated and resolute response. FRA remains committed to providing robust, independent evidence and expertise to support EU action and EU Member States.

Safeguarding civil society and upholding fundamental rights is not optional – it is central to the EU’s legal foundations and values.