Pushing the limits of the European Union: What is the Hungarian government really aiming for?

By Dorottya Kósa

Over the past few days, my international friends have been bombarding me with questions concerning the new emergency law in my home country, Hungary. Receiving messages full of worries and having to pick up the phone to answer questions about the collapse of democracy in Hungary encouraged me to write this article. I hope to clarify certain things about the new legal realities and how it in fact did not change Hungary’s political powers.

Crash course on the legal framework of Hungary

Article No. 53 (State of Danger) of the Fundamental Law – the Constitution of Hungary – covers special legal orders for extreme circumstances such as a national crisis or a state of emergency. In a state of danger the government has the power to adopt means to suspend the application of certain acts, deviate from them, and take extraordinary measures. [1] As Article No. 53 declares, the means shall remain in force only for fifteen days, but the National Assembly can extend their power by voting every second week. The fourth paragraph pronounces that “upon the termination of the state in danger, such decrees of the Government shall cease to have effect.” Continue reading “Pushing the limits of the European Union: What is the Hungarian government really aiming for?”

The European Parliament Triggers Article 7 against the Hungarian Government

By Karin Kämmerling

On September 12, the European Parliament voted on the triggering of Article 7 measures against Hungary. With 448 votes in favor of the motion, 197 against and 48 abstentions the required majority was achieved[1]. Now, the Council of the European Union has to approve the vote unanimously in order to launch possible sanctions. The Hungarian government, accused of silencing critical media, targeting academics and NGOs as well as removing independent judges, said the decision was an insult to the Hungarian nation and people[2].

What is the Article 7 about?

Article 7 of the Treaty on European Union states that the EU can take measures in case “there is a clear risk of a serious breach by a Member State of the values referred to in Article 2“[3]. These include “human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities”[4]. Members of the European Parliament must support the resolution by two thirds in order to launch the Article 7 procedure as it happened last month in Strasbourg in the case of Hungary. With this vote, it is now possible for the Council of the European Union to make demands to the Hungarian government in order to improve the situation and even launch punitive measures if the requirements are not fulfilled. Possible sanctions may be a harder access to EU funding and can even lead to the loss of voting rights in the EU institutions. Continue reading “The European Parliament Triggers Article 7 against the Hungarian Government”