The European Parliament has called on the European Commission to 'immediately' initiate an 'infringement procedure' against Hungary for violations of the rule of law. This legal option has only recently become available, but Commission President Ursula von der Leyen is still hesitant to use it.
If the Commission does not act quickly against Hungary, the European Parliament even threatens to file a procedure against the 'own' Commission at the Court of Justice in Luxembourg.
Hungary is in a poor position with the European Commission and the European Parliament due to actions by Prime Minister Viktor Orbán against the media, independent judiciary, and minority rights. Relations with the EU have become even more tense in recent weeks since Hungary passed a legal amendment banning 'LGBTI propaganda' to minors.
When an EU country violates the rule of law, it first receives a warning based on the 'rule of law procedure.' If the situation does not improve, an Article 7 procedure can be initiated. In that case, a member state can be suspended and lose its voting rights in meetings of the EU Council of Ministers.
European heads of government and state tried to prevent such drastic sanctions against Orbán in December 2020 with a 'postponement decision.' In a resolution adopted Thursday by 529 votes to 150 with 14 abstentions, the European Parliament regrets that the Commission apparently agreed to this.
Stopping payments would be a new test case for this EU regulation. The Hungarian government has challenged the law at the European Court of Justice. That is why the Commission is currently cautious. However, President von der Leyen made clear in a debate in Strasbourg that Hungary will be addressed this autumn.
Brussels is currently withholding approval for payment of Hungary’s COVID-19 recovery plan. Officials say Budapest’s proposal falls short in terms of anti-corruption measures. Hungary’s request for €7.2 billion from the recovery fund will not be approved by the July 12 deadline.