Judges invite EU to fine Orbán for shutting down critical Budapest radio station – EUobserver

EU judges have shamed Hungarian prime minister Viktor Orbán for attacking free speech, adding to his election campaign clashes.

“Hungary has infringed the freedom of expression and information enshrined in Article 11 of the Charter of Fundamental Rights,” by forcing a government-critical media called Klubrádió off the air in 2021, said the grand chamber of the EU Court of Justice (ECJ) in Luxembourg on Thursday (26 February).

It said Hungary had used procedural pretexts to stop it broadcasting on the 92.9 MHz frequency covering Budapest.

“Hungary has failed to fulfil its obligations under EU law,” said the grand chamber, which convenes in complex cases.

Thursday’s judgment was not open to appeal and mandated the European Commission to seek fines from Orbán if he did not allow Klubrádió back on air.

The “commission … may bring a further action seeking financial penalties” or “the Court of Justice can, on a proposal from the commission, impose penalties at the stage of the initial judgment,” it said.

The lawsuit had been supported by Belgium, Denmark, and the Netherlands, showing the breadth of concern in the EU over Orbán’s crackdown on free media and NGOs.

Meanwhile, Klubrádió, which now works online, reported it would still need a retrial in Hungary based on the EU verdict, or to sue for damages in Hungarian courts in order to obtain redress.

But the independence of Hungarian courts and public bodies has long been a source of worry for the EU, which started a sanctions procedure against Hungary’s Orbán’s rule in 2018 and which has withheld some €18bn in funding in reaction.

The EU court decision comes ahead of Hungarian elections in April, in which Orbán risks being unseated by an EU-friendly opponent according to poll trends.

In any case, Thursday’s verdict risked being eclipsed by Orbán’s veto on EU funding for Ukraine and the next round of Russia sanctions, which he has used to try to energise his Fidesz party’s eurosceptic base.

But German green MEP Daniel Freund said the media crackdown was an important addition to the EU charge sheet.

“The ECJ confirms it: Hungary’s attack on freedom of expression is illegal,” he said.

“The revocation of Klubradio‘s license was a political act. Viktor Orbán’s systematic suppression of independent media must stop. Time to take the gloves off,” Freund added.

His call came after Poland, Lithuania, and the EU Commission also hinted at further legal action over the principle of “sincere cooperation” if Hungary did not comply with its prior Ukraine commitments.