The European institutions must be united in addressing possible breaches of EU law in Hungary.
Speaking during a debate in the European Parliament in Strasbourg on 17 April, MEP Guy Verhofstadt said that the institutions should show “courage” in confronting the Hungarian government of Viktor Orban.
Orban’s centre-right Fidesz party, which governs with a large majority, has introduced a series of controversial amendments to the constitution, known as the fourth amendment (it is the fourth constitutional revision in the past 15 months) that have raised concerns from Brussels over possible breaches to the rule of law and a violation of the European treaties.
The changes relate to a range of judicial and social issues, such as altering the way the constitutional court operates.
Last week, the European Commission President, Jose Manuel Barroso, wrote to Orban seeking a commitment from the prime minister that his government respects the rule of alw and EU values. The commission also has two ongoing disputes with Hungary, one concerning the forced early retirement of judges, the other concerning limiting the powers of the data protection commissioner.
The commission is currently carrying out a legal analysis of the situation. If the constitutional changes are found to be in breach of EU law, it will initiate infringement procedures against the government.
Also speaking in Strasbourg, EU Justice Commissioner Viviane Reding, said that the legal opinion should be finalised by June. The infringement threat, she said, “remains on the table.”
She said that Hungary will also have to take into account the upcoming opinion of the Council of Europe’s Venice Commission. She said “a responsible answer from Hungary to this opinion” is expected.
Presently, the EU institutions are divided on the issue, with the council not having discussed a formal position (Lucinda Creighton, Ireland’s Europe minister, said that the council cannot add “a substantial contribution” to the debate), while the parliament is split very much along right-left lines.
This kind of split, said Verhofstadt, “is not normal at all.” Instead, he said, “we should see a united parliament saying to Hungary it should change.” He added that the council and commission should also show greater clarity in tackling the issue, a point also made by the head of the Socialist group, Hannes Swoboda, who said that the council should “pledge to adopt a clear position – does it support the commission or not?”
According to Verhofstadt, the commission should act more robustly and contribute more strongly to the debate instead of routinely presenting “an overview of letters” to justify its concern. The commission’s legal analysis is currently focussing on the legal and judicial changes, but, says Verhofstadt, there are many other key issues; gay marriage, freedom of religion, the mobility rights of students, as well as the limiting of power to the constitutional court. “That is what is at stake. I want to hear something different from the commission.”
He said that the commission has enough grounds to justify an infringement procedure against the government (article 7). “If not, we should have the courage,” he told MEPs.
