The European Commission does not have the means, "the elements to launch infringement procedures" against the most controversial emergency measures taken in Member States, such as the Hungarian law criminalising the dissemination of false information, Justice Commissioner Didier Reynders said on 8 April, as these measures were adopted in a framework for emergency situations under national law. Nevertheless, the Commission remains committed to "closely monitor" their implementation.
The Commissioner was speaking at a CEPS event on the rule of law in the EU; in the morning, the Commissioner, together with his colleague Věra Jourová, had also briefed the College on these emergency measures.
The two officials thus indicated that exceptional measures related to the COVID-19 crisis had been taken in almost all Member States and that all these measures were adopted on the basis of already existing and well-defined legal frameworks.
However, according to the institution, "the duration is predetermined and clearly limited in time in the vast majority of member states", said the Commission spokesman, Eric Mamer. At the CEPS, Didier Reynders explained that the Hungarian law adopted on 30 March and giving full powers to the Hungarian Prime Minister "has no real term". The Commissioner also said the ‘fake news’ law posed a "risk to freedom of expression" and recalled that it was crucial that journalists be able to do their job to the best of their ability.
The Commissioner also came back to the Polish case and the decision of the Court of Justice, which he welcomed (see other news). He said that dialogue would continue with the Warsaw authorities, while the Commission also has other concerns with Poland, including the controversial 10 May presidential election that is being maintained. The Commission said on Wednesday at noon that emergency measures "affecting democratic debate and free and transparent elections" were also part of its assessment. (Original version in French by Solenn Paulic)