Brussels, 11/01/2012 (Agence Europe) - The European Commission decided on Wednesday 11 January to take a firmer line with the Hungarian government of Viktor Orban, with a clear threat to refer Hungary to the courts if it does nothing to amend the controversial laws which affect the independence of the judiciary and of the central bank. This warning coincides with separate Commission action on Hungary's excessive public deficit (see related article).
The fiery-natured Hungarian prime minister has already been involved in one brush with the Commission - last year, over his law on the media, when his country was holding the rotating presidency of the Council of Ministers of the EU. At that time, he agreed to amend certain points of the legislation, but the reforms he had passed at the end of December, and in particular with regard to the central bank, have brought further criticism raining down on his head.
The European Commission has expressed concerns which relate, inter alia, to: - the independence of the national central bank (the new law provides for the governor of the national central bank having his/her assistants appointed by the government); - measures which concern the judiciary (these concerns refer to the independence of judges and to the compulsory retirement of judges and prosecutors at the age of 62, rather than 70); - the independence of the national data protection authority.
“The Commission, as the guardian of the treaties, remains concerned” by these issues, said spokeswoman Pia Ahrenkilde-Hansen, stating that the Commission “reserves the right to open infringement proceedings” against Hungary on Tuesday 17 January. “We trust that Hungary will itself take steps to resolve the problem so that there will be no need for long and complicated infringement proceedings”, she said. In a press release, the Commission said that “a legally stable environment, based on the rule of law, including respect of media freedom, democratic principles and fundamental rights, is also the best guarantee for citizens' trust and confidence of partners and investors”.
Letters of formal notice (the first stage of the infringement procedure) could be sent to the Hungarian government, prior to reasoned opinions being sent calling on Hungary to comply with EU law. Then, if no action is taken, the matter could be referred to the Court of Justice of the EU. Dependent on the central bank issue is the resumption of negotiations on the aid package sought by Budapest of the EU and the IMF (International Monetary Fund). All of the above points will be broached during a meeting on 20 January between EU Economic Affairs Commissioner Olli Rehn and Hungarian negotiator Tamas Fellegi.
Some members of the European Parliament, such as the leader of the Liberal Democrat Group in the Parliament, Guy Verhofstadt, have proposed outlawing Hungary, using the procedure contained in Article 7 of the European Treaty. This allows member states' voting rights to be suspended in the event of any serious breach of EU values. The European Commission is not keen to go down this road, however, believing that there is not sufficient support among the member states. Nevertheless, the pressure is beginning to have an effect. The Hungarian foreign minister is reported to have indicated that the government is ready to comply with Commission demands if any infringement of EU law can be shown. (LC/transl.rt)