Brussels, 07/03/2012 (Agence Europe) - The European Commission decided on Wednesday 7 March to press on in the infringement procedures opened against Hungary with regard to the reforms on the retirement age of judges and on the Hungarian data protection authority. However, for the moment, it left pending proceedings on the central bank, seeking further information from Budapest before deciding on how to proceed. The commissioner with responsibility for the euro, Olli Rehn, will send a further administrative letter to the Hungarian government on this issue, and Hungary will receive a second administrative letter relating to the independence of the judiciary.
The Commission has accepted the explanations provided which cover “90% of the issues raised”, the Hungarian government says in a press release. “These can now be settled”, it states, indicating that it had, that same day, approved the necessary draft amendments for the laws concerned and would send them to the European Central Bank (ECB) for consultation. It said it was “ready” to continue the dialogue with the European Commission over unresolved issues.
The college of commissioners discussed the responses the Hungarian government provided in February on the three procedures that had been opened the month before (see EUROPE 10556 and 10553). It decided to move into a new phase on two of the matters and sent two reasoned opinions to Budapest. This is the stage before possible referral to the EU Court of Justice. The government of Viktor Orban will have just one month to reply as the Commission has accelerated the procedure.
The Commission still has a number of objections against Hungary. It has not been persuaded by the arguments advanced on lowering the retirement age for judges from 70 to 62 claiming that all Hungarian civil servants were subject to the same regime. “We noted that this was not the case for other civil servants”, a Commission source said. Similarly, with regard to the data protection authority, the Commission has not been provided with enough information on Hungarian provisions for dismissing the Authority supervisor, whose term of office can be ended from one day to the next. Other responses to Commission questions were, however, given.
All these cases reveal a concern at European level about the Orban government's interfering in the machinery of Hungarian public life. In its letter on the independence of the judiciary, the Commission sought explanations about the new judicial authority's ability to have trials heard in the towns of its choice. This new authority will also have the power to move judges appointed to one court to another, even against the judges' will. None of this would appear to be properly in line with European standards, including those of the Court of Human Rights in Strasbourg, the source said.
The Commission did, however, receive some movement on the part of the Hungarian government, for example on the swearing in of the governor of the central bank. A more appropriate form of words was found, reflecting more clearly the independence of the bank. Other points remain to be settled: “the information provided by Hungary has not been exhaustive”, revealed the source. This can only lead to further delay in the discussion that the Orban government will have with the EU and the IMF on a loan of €15-20 billion to Hungary. Commission spokeswoman Pia Ahrenkilde said on Wednesday that the conditions for opening discussions on the loan had not yet been met.
The Hungarian government has been more successful with its media law. Digital Agenda Commissioner Neelie Kroes wrote to the Hungarian government on this law in January, but no follow-up has been taken. The Orban government has promised to take account of the ruling of the Hungarian constitutional court of 19 December which upholds the principle of the protection of journalists' sources. Hungary has also announced that it would submit its new amended law to the Council of Europe (CoE) and would take account of all the CoE's comments.
The S&D Group in the European Parliament regretted that the European Commission had had to announce that the Hungarian government's clarifications on three recent controversial laws were not sufficient to dispel serious concerns on their compatibility with EU legislation and values. The group called for a deeper and broader investigation, particularly on the media law.
The EPP Group fully endorsed the Commission's assessment and called on Hungary to meet its commitments to remove all questions relating to EU laws and norms, stated MEP Joseph Daul. (SP with MB/LC/transl.rt)