For the first time, the so-called 'Article 7' procedure of the Treaty, initiated by the European Parliament against Hungary, will be included on the agenda of the General Affairs Council on Tuesday 16 October in Luxembourg (see EUROPE 12094).
On Wednesday 10 October, the Austrian Presidency briefed the member states' ambassadors to the EU (Coreper) on the progress of this procedure within the EU Council.
The Hungarian authorities will now be able to respond to the European Parliament's accusations contained in the Sargentini report, such as obstruction of the independence of the judiciary, threats to freedom of religion or constraints imposed on NGOs, especially those helping migrants. Their representative said at the Coreper meeting that Hungary was ready to respond in writing to the points raised, even if no timetable was set.
The European Commission, which did not initiate the procedure this time, unlike the one against Poland (see EUROPE 12099), will be invited on Tuesday to take stock of the infringement proceedings against Hungary concerning respect for the rule of law.
In particular, Hungary has been referred to the EU Court of Justice for allegedly unduly hindering the activities of foreign-funded NGOs and foreign universities (see EUROPE 11921) and for violating EU asylum law and the right of return (see EUROPE 12066). Budapest has also received a letter of formal notice regarding the recent 'anti-Soros' law criminalising the activities of NGOs assisting migrants.
Another question raised is that of the participation of representatives of the European Parliament in the Council's deliberations on the Article 7 procedure for Hungary. Nothing has been decided, but it is unlikely that the Austrian Presidency will take such a step, as the Council's Legal Service is of the opinion that there is no obligation to invite the European Parliament to the discussion table.
Finally, the fact that Viktor Orbán's government decided to refer the matter to the Court of Justice after the vote on the Sargentini report does not prevent the Austrian Presidency from moving forward and placing it on the ministerial agenda. (Original version in French by Mathieu Bion)