The European Parliament believes that EU governments must finally take a tough stance against the obstructive Poland and Hungary. The European Parliament and the (previous) European Commission already imposed the severe sanction ‘Article 7’ against Warsaw and Budapest more than two years ago, but the EU governments still block it.
EU countries need to put much more pressure on the anti-European governments of Poland’s PiS party and Hungary’s Fidesz due to their undermining of the rule of law and democracy, it is argued. A large majority of the European Parliament (476 against 178) supported such a call on Thursday.
The (new) Von der Leyen European Commission is urged to use all available instruments to get the two EU countries in line. The commission launched a heavy procedure against Poland at the end of 2017. This toughest Article 7 procedure in the EU treaty can lead to suspension of voting rights in EU ministerial meetings. The EU Parliament activated the same procedure a year later against the Hungarian government of Prime Minister Viktor Orbán.
EU countries have, in a series of hearings, questioned ministers from both countries but have taken no further steps. This displeases many MEPs who say the situation has worsened and Article 7 apparently does not work. According to them, the credibility of the EU is at stake.
The European People’s Party (EPP), of which Orbán’s party Fidesz (albeit suspended) is a member, also supported the call. A proposal for an annual assessment of the rule of law in EU countries, also a desire of the Parliament, was blocked in a ministerial meeting in November by Hungary and Poland. Minister Stef Blok (Foreign Affairs) regretted this.
Just this week, the authoritative Venice Commission of the Council of Europe determined that judicial reforms in the Polish judiciary muzzle Polish judges and further undermine their independence. They can be punished in a new law by a disciplinary chamber for their criticism of the government.
In addition, it was announced yesterday that the chief legal adviser of the European Court of Justice in Luxembourg issued an extremely negative opinion about Hungary’s anti-foreigner laws. The Hungarian law requiring NGOs to disclose their foreign funding violates European law. Judges in Luxembourg often follow such opinions.
The European Commission submitted the Hungarian 2017 law to the EU Court. Full transparency about foreign donations can have a “stigmatizing effect” and is contrary to free movement of capital, the right to privacy, and freedom of association, is the Advocate General’s opinion.
Hungarian organizations must disclose the names of foreign donors if they contribute more than approximately 1,500 euros. This obligation does not apply to contributions from Hungarians. The measure of the conservative government of Prime Minister Viktor Orbán is, according to some, directed against philanthropist George Soros, with whom the governing party Fidesz is at odds.