Estado de Derecho, procedimiento de incumplimiento y el auge del autoritarismo en Hungría. A propósito de la sentencia de 18 de junio de 2020 del TJUE sobre la Ley de Transparencia de las ONG

This commentary analyses the judgment issued by the CJEU in the case C-78/18 that confronts the European Commission against Hungary on the occasion of the adoption of the Transparency Law or Lex NGO, which imposes obligations of publicity, registration and declaration to the non-governmental organizations that receive foreign funds. The judgment, issued within the framework of an infringement procedure brought by the European Commission, establishes that Hungary has incurred in a breach of its obligations under the applicable Treaties by violating articles 63 TFEU and 12, 7 and 8 of the Charter of Fundamental Rights of the EU. This work carries out a cross-examination of the legal arguments of the Grand Chamber, the conclusions of the Advocate General and the scholarly writings on the issues at stake, and examines the options available to the Union to curb the rise of authoritarianism and the persistent breach of its values ​​by its Member States.