On February 12, 2026, Advocate General Juliane Kokott delivered a highly anticipated Opinion in Case C-829/24, advising the Court of Justice of the European Union (CJEU) that Hungary's controversial "Law on the protection of national sovereignty" fundamentally infringes upon EU law. The Opinion marks a critical juncture in the European Commission's ongoing legal battle against the government of Prime Minister Viktor Orbán over democratic backsliding.
The Hungarian law in question, enacted under the premise of preventing foreign political interference, created a powerful new body known as the Sovereign Protection Office (SPO). The SPO was granted sweeping, unchecked powers to investigate civil society organizations, independent journalists, and opposition parties suspected of receiving foreign funding. Critics and human rights advocates argued the law was a "turbocharged foreign agents law" designed to harass and discredit anyone threatening the ruling party's grip on power ahead of the 2026 parliamentary elections.
In her legal assessment, AG Kokott agreed with the European Commission's infringement procedure. The Advocate General concluded that the legislation violates several core tenets of the EU legal order, including the principles of democracy, the right to privacy, the protection of personal data, and the freedom of association. The sweeping investigatory powers of the SPO were found to lack adequate judicial oversight and proportionality, creating a chilling effect on civil society that is incompatible with the fundamental values enshrined in the EU Treaties.
While an Advocate General's Opinion is not legally binding on the CJEU, the Court's final judgments closely follow the AG's reasoning in the vast majority of cases. The legal mobilization against the law has been described as historic, with fourteen EU Member States, Norway, and the European Parliament formally intervening in the lawsuit to support the Commission. If the CJEU confirms this Opinion, Hungary could face severe financial penalties and further suspension of EU funds.