Brussels, 17/04/2013 (Agence Europe) - For the third time in a little over two years, the European Parliament held a debate, in Strasbourg on Wednesday morning, on the state of Hungarian democracy and, more precisely, the most recent amendments to the country's constitution passed by the Hungarian parliament. These amendments have once again caused concern among MEPs, with the exception of those at the EPP, who are still just as uneasy about what line they should take on the policy of their ally, Viktor Orban.
As a sign of the increasing tension, rumours were doing the rounds at the beginning of this week regarding the possible exclusion of the Fidesz party from the EPP but this rumour was scotched shortly afterwards. On Wednesday morning, however, this malaise was also palpable in the Irish Presidency of the EU Council and minister Lucinda Creighton was very cautious about the discussions at the Council on the “Hungarian affair” but she did provide MEPs with assurances that management of this issue was first and foremost a matter for the Commission.
Viviane Reding, who is responsible for this issue, once again did not mince her words by promising Hungary further litigation if doubts regarding the country's action were not lifted. The Venice Commission at the Council of Europe is expected to provide an opinion in June on this fourth revision of the Hungarian constitution in less than two years. Reding, however, has already warned that she is not going to wait until June.
She is critical of several points in the new amendments adopted on 11 March. These criticisms were also made in writing on 12 April by President of the European Commission José Manuel Barroso, in a letter addressed to Viktor Orban: Hungary, as pointed out by the Council of Europe, has reintroduced transitional provisions that had been quashed by the constitutional court; Hungary is at odds with European law insofar as it expects the payment of fines and sanctions imposed by the Court in Luxembourg to be borne by the country's citizens. Reding criticised the draft tax included in Article 17(6) of the new constitution. There is also the scope of the powers given to the president of the National Office for Justice, with regard to the transfer of cases from one court to another. This point has still not been resolved although it had been raised at the beginning of last year.
Recently, on 12 April, Budapest addressed a new draft text amending the transfer criteria for cases and Hungary believed that these concerns had now been answered. Reding said that “we will examine it” but she still underlined the problem of restrictions on political advertising, which could also impact on the 2014 European elections. She would like greater clarity regarding the fact that this kind of publicity is restricted to public service media and consequently impinges on the freedom of expression. She also added that the private media accounts for 80% of audiences in Hungary.
This, however, is not all. Those judges, compelled to retire at 62 in accordance with a law that in 2012 was subject to an infringement procedure, have still not been re-employed, despite the quashing of this law. The case concerning the independence of the data protection authority is still ongoing.
Certain political groups believe that the EU's patience must not be limitless. Guy Verhofstadt, the leader of the ALDE Group, believes that it is high time that the Council initiates Article 7 procedures, which, as a last resort, can suspend voting rights at the Council of a state guilty of committing serious violations of European standards. Article 7, is, however, considered as “a nuclear weapon”, which is almost impossible to implement, Rebecca Harms, the German joint leader of the Greens/EFA conceded.
So far, with regard to current or future infringement procedures, the most realistic hypothesis would be to consider use of an intermediate instrument that lies part way between the “nuclear weapon” that is Article 7 and infringement procedures, suggested Commissioner Reding, an instrument the EU requires, she explained. She also indicated that the matter was expected to be discussed on Monday at the General Affairs Council.
At the beginning of March, four foreign ministers - from Germany, Denmark, Finland and the Netherlands - sent a letter to the Commission calling on it to consider a sanctions mechanism applicable to countries that were failing to apply European values and principles and which would, for example, result in a freeze in European funds going to such countries.
Reding said that “there will be a debate” on this instrument. Parliament will also draw up possible lines of action in the new resolution that it will be voting on in June on Hungary, the third since 2011. The two previous resolutions involved the law on the media and the more general situation of democracy in the country. (SP/CG/transl.fl)