European Commission Considers All Options in Response to Hungarian Legislation Threatening Civil Society
The European Commission discusses concerns over Hungary's rule of law amidst ongoing legal actions and new legislative proposals.
The European Commission convened on Tuesday to discuss Hungary's compliance with EU values under the Article 7 procedure, marking the eighth hearing since its initiation in 2018. Adam Szłapka, Poland's European Union Affairs Minister, reported that many member state ministers expressed their concerns and asked questions regarding Hungary's adherence to fundamental EU principles.
European Commissioner for Justice, Democracy, and Rule of Law, Michael McGrath, reiterated the Commission's shared concerns outlined in the European Parliament's 2018 report.
He highlighted ongoing worries about the recent anti-civil society legislative proposal, known as the 'disabling bill.' He stated that if enacted, this legislation would constitute a serious breach of EU law and principles.
Last week, the Commission formally requested the Hungarian government to withdraw the proposal.
Although it was submitted as an individual member initiative, past instances have shown that the Hungarian government has utilized such measures for legislative action.
McGrath emphasized that should the bill be adopted, the Commission would not hesitate to utilize all available tools to enforce EU law.
He affirmed the importance of civil society's role and indicated that the Commission would ensure a supportive environment for these organizations, including funding.
While no definitive decisions have been made, McGrath confirmed that all options for temporary measures remain on the table.
During the meeting, McGrath informed ministers about modifications to Hungary's judicial, constitutional, and electoral systems, alongside laws targeting Pride events and the use of facial recognition technology.
He noted that the Charter of Fundamental Rights of the EU guarantees the right to peaceful assembly, which should not threaten children or any individual, emphasizing that the EU is founded on principles of equality and freedom.
The Commission has already initiated infringement procedures regarding a law requiring book coverings, which is currently in court proceedings.
A subsequent opinion from the Advocate General on this issue is expected early next month, generally providing an indication of potential judicial outcomes.
Concerns have also been raised regarding the lack of effective oversight of secret surveillance outside the context of judicial proceedings.
McGrath indicated that worries over the rule of law have intensified, and the Commission will maintain the Article 7 procedure until these issues have been adequately addressed while remaining open to constructive dialogue with Hungarian authorities.
Regarding participation in upcoming Pride celebrations, McGrath stated that the focus should be on the ability of Hungarians to attend these events rather than his own attendance.
In a recent query related to whether EU officials attending Pride might face legal actions, Bóka János, Hungary’s Minister for EU Affairs, asserted that there has been no formal complaint regarding the event’s organization, rendering such questions moot.
Bóka indicated that the discussions surrounding the Article 7 hearings are influenced by Hungary's firm stance on support for Ukraine.
He portrayed the pressures from several member states as aimed at undermining Hungary's distinct position on this matter, affirming that the ongoing Article 7 procedure would persist until the underlying concerns are resolved.
He underscored that legislative initiatives previously challenged, such as those related to the Central European University and measures targeting civil organizations, have seen changes, yet he anticipates the European Commission will not raise new concerns current to legislative amendments.
In different discussions at the meeting, the issue of EU resilience to democratic challenges was raised, with Bóka stating his intention to veto a resolution on this matter.
Szłapka commented on the resistance displayed by both the Hungarian and Slovak ministers in accepting conclusions related to external interference in member states’ democratic processes.
The meeting concluded with the adoption of various resolutions, including the EU's military development credit plans, which only Hungary opposed, a decision not requiring unanimous consent.
European Commissioner for Justice, Democracy, and Rule of Law, Michael McGrath, reiterated the Commission's shared concerns outlined in the European Parliament's 2018 report.
He highlighted ongoing worries about the recent anti-civil society legislative proposal, known as the 'disabling bill.' He stated that if enacted, this legislation would constitute a serious breach of EU law and principles.
Last week, the Commission formally requested the Hungarian government to withdraw the proposal.
Although it was submitted as an individual member initiative, past instances have shown that the Hungarian government has utilized such measures for legislative action.
McGrath emphasized that should the bill be adopted, the Commission would not hesitate to utilize all available tools to enforce EU law.
He affirmed the importance of civil society's role and indicated that the Commission would ensure a supportive environment for these organizations, including funding.
While no definitive decisions have been made, McGrath confirmed that all options for temporary measures remain on the table.
During the meeting, McGrath informed ministers about modifications to Hungary's judicial, constitutional, and electoral systems, alongside laws targeting Pride events and the use of facial recognition technology.
He noted that the Charter of Fundamental Rights of the EU guarantees the right to peaceful assembly, which should not threaten children or any individual, emphasizing that the EU is founded on principles of equality and freedom.
The Commission has already initiated infringement procedures regarding a law requiring book coverings, which is currently in court proceedings.
A subsequent opinion from the Advocate General on this issue is expected early next month, generally providing an indication of potential judicial outcomes.
Concerns have also been raised regarding the lack of effective oversight of secret surveillance outside the context of judicial proceedings.
McGrath indicated that worries over the rule of law have intensified, and the Commission will maintain the Article 7 procedure until these issues have been adequately addressed while remaining open to constructive dialogue with Hungarian authorities.
Regarding participation in upcoming Pride celebrations, McGrath stated that the focus should be on the ability of Hungarians to attend these events rather than his own attendance.
In a recent query related to whether EU officials attending Pride might face legal actions, Bóka János, Hungary’s Minister for EU Affairs, asserted that there has been no formal complaint regarding the event’s organization, rendering such questions moot.
Bóka indicated that the discussions surrounding the Article 7 hearings are influenced by Hungary's firm stance on support for Ukraine.
He portrayed the pressures from several member states as aimed at undermining Hungary's distinct position on this matter, affirming that the ongoing Article 7 procedure would persist until the underlying concerns are resolved.
He underscored that legislative initiatives previously challenged, such as those related to the Central European University and measures targeting civil organizations, have seen changes, yet he anticipates the European Commission will not raise new concerns current to legislative amendments.
In different discussions at the meeting, the issue of EU resilience to democratic challenges was raised, with Bóka stating his intention to veto a resolution on this matter.
Szłapka commented on the resistance displayed by both the Hungarian and Slovak ministers in accepting conclusions related to external interference in member states’ democratic processes.
The meeting concluded with the adoption of various resolutions, including the EU's military development credit plans, which only Hungary opposed, a decision not requiring unanimous consent.
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