Two weeks after its announcement (see EUROPE 11767), the European Commission decided on Wednesday 26 April to open infringement proceedings against Hungary over its law on foreign universities, which threatens the Central European University, financed by billionaire George Soros, with closure.
More specifically, the Commission has sent a letter of formal notice to the Hungarian authorities, the first stage in infringement proceedings, Vice-President Valdis Dombrovskis announced at a press conference. The First Vice-President of the Commission, Frans Timmermans, confirmed the procedure to the European Parliament later on and reiterated the concerns raised by the decisions of the Hungarian government.
Unlike usual procedure, however, the Commission has given Budapest just one month to respond to this first stage. The Commission considers that the Hungarian law in question raises a number of legal issues, in terms of primary law, with the ‘Services’ directive, as freedom of establishment is concerned, but also with the general principles of the Charter of Fundamental Rights.
On Wednesday, the Commission also decided to continue talks with the Hungarian authorities on the controversial laws on asylum and foreign NGOs. Without recourse to infringements in these cases, the institution is, for instance, on the law that allows asylum seekers arriving in Hungary to be systematically held in the border areas of the country, counting on the working group set in place by Commissioner Dimitris Avramopoulos with the authorities of the country, which the Commission hopes will see changes to the law, a source explained. However, it has not ruled out legal action at a later stage if its concerns are not mollified.
On Wednesday, the Commission also published its response to the infamous consultation launched by the government of Viktor Orban, ‘Stop Brussels’, which aims to challenge European immigration policies and was not at all to the liking of Jean-Claude Juncker, as he announced on 6 April. It consists of a point-by-point response to the sometimes incorrect statements in the questionnaire, Dombrovskis explained, adding that it is understandable to respond when false statements are put forward.
Commission will also take part in the ‘Stop Brussels’ consultation
The questionnaire, sent out to Hungarian citizens on 1 April, is based on the premise that “Brussels wants to make decisions that endanger our national sovereignty and the security of the country (…) Hungary is counting on you!”. The citizens were asked to answer six questions with a choice of just two different answers, for instance on terrorist attacks and illegal migrants who, the questionnaire claims, are allowed by the EU.
In its response to these six questions, the Commission stresses that there is no such thing as ‘Brussels’, but member states and governments that make decisions jointly, Timmermans explained. The Commission repudiated Budapest’s attacks on illegal migrants and explained that it in fact does all in its power to stop them from entering the EU. It also denied any intrusive practices in energy prices, a highly sensitive subject for the Hungarian government.
Will these actions be enough to bring Hungary into line? First Vice-President Timmermans was quite clear on 12 April, saying that unlike Poland, he sees no systemic threat to the rule of law in Hungary, despite worrying developments in the country.
On Poland, indeed, the Commission has exhausted all stages of the rule of law mechanism unsuccessfully. It is now handing over to the member states, who will discuss the subject at a forthcoming General Affairs Council, but again with no major decision, as Timmermans has already said that he feels it would be counter-productive to launch Article 7 against Warsaw at this stage. (Original version in French by Solenn Paulic)