On Monday, EU ministers will meet for the fourth time to tackle Hungary’s systematic collapse of the rule of law. This examination, as outlined in article 7(1) of the EU’s founding treaty, has been delayed and ineffective. Meanwhile, Hungary’s fundamental rights continue to worsen as its authoritarian government consolidates control and jeopardizes the EU bloc’s cohesiveness.
This is the first hearing after FIDESZ, the right-wing populist party, was re-elected in April for a fourth consecutive term under Viktor Orbán’s leadership. The party won by a landslide in a battle dominated by the government’s propaganda, prompting the OSCE’s election observation mission to declare that the elections were “marred by the absence of a level playing field.”
The article 7(1) procedure, which might eventually result in Hungary’s voting rights being suspended, includes a structured discussion and deadline for proposals. No proposals have been tabled four years after the process was initiated. This hearing must result in a precise plan and timeline for recommendations.
Other tools in the EU’s toolkit have been employed in prior years, although not to their full extent.
For the first time, the Commission has also brought rights-based legal measures against the Hungarian government. This resulted in precedent-setting judgements from the EU’s Court of Justice on associational freedom and academic freedom. However, the Commission’s refusal to persuade the court to expedite processes and put a halt to infractions resulted in irrevocable injury. Hungary has also failed to properly implement the judgements, and the court has only levied sanctions in one occasion. Only two new cases have passed the pre-litigation process, relating to media freedom and free speech in relation to LGTBQI rights, but the Commission has yet to submit them to court.
The newly-created Rule of Law Conditionality Mechanism was finally triggered against Hungary on April 27 after a lengthy delay and a court challenge by Hungary and Poland. The system is intended to defend the EU budget against corruption and misuse of funds in the context of rule of law infractions, but it will not address larger state capture of public finances. When used with caution and in concert with the other instruments, it has the ability to force Hungary to implement changes.
The era of timid half-measures has passed. A strong, comprehensive, and time-bound strategy is required to secure actual changes and the restoration of areas for independent civic involvement.
