C 125/464
EN
Official Journal of the European Union
5.4.2023
Thursday 15 September 2022
B. whereas as is apparent from Article 49 TEU, which provides for the possibility for any European state to apply to become a member of the European Union, the European Union is composed of states which have freely and voluntarily committed themselves to the common values referred to in Article 2 TEU, which respect those values and which undertake to promote them, with EU law being based on the fundamental premise that each Member State shares with all the other Member States, and recognises that those Member States share with it those same values (5);
C. whereas that premise implies and justifies the existence of mutual trust between the Member States that those values will be recognised and, therefore, that the law of the EU that implements them will be respected (6);
D. whereas compliance by a Member State with the values contained in Article 2 TEU is a condition for the enjoyment of all the rights deriving from the application of the Treaties to that Member State; whereas any violation of EU fundamental values by a Member State government inevitably implies an attack on citizens’ personal freedom, political and social rights, as well as their wealth and well-being; whereas Hungary itself has subscribed to the values enshrined in Article 2 TEU;
E. whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Union;
F. whereas Article 19 TEU gives concrete expression to the value of the rule of law affirmed in Article 2 TEU and entrusts the responsibility for ensuring the full application of EU law in all Member States and judicial protection of the rights of individuals under that law to national courts and tribunals and to the Court of Justice (7);
G. whereas any clear risk of a serious breach by a Member State of the values referred to in Article 2 TEU does not concern solely the individual Member State where the risk materialises but has an impact on the other Member States, on mutual trust between them and on the very nature of the Union and its citizens’ fundamental rights under Union law;
H. whereas the scope of Article 7 TEU is not confined to the obligations under the Treaties, as in Article 258 of the Treaty on the Functioning of the European Union (TFEU), and whereas the Union can assess the existence of a clear risk of a serious breach of the common values in areas falling under Member States’ competences;
I. whereas for several years the situation in Hungary has not been sufficiently addressed and many concerns remain, and in the meantime many new issues have arisen, which is having a negative impact on the image of the Union, as well as its effectiveness and credibility in the defence of fundamental rights, human rights and democracy globally, and revealing the need to address them through concerted Union action;
J. whereas following the ad hoc delegation of its Committee on Civil Liberties, Justice and Home Affairs to Budapest, Hungary, from 29 September to 1 October 2021, the majority of the members of the delegation still have serious concerns about democracy, the rule of law and fundamental rights in the country; whereas the delegation has concluded that the situation has not improved since 2018, but has instead deteriorated;
K. whereas Hungary’s Government disregards the principle of the primacy of EU law as enshrined in the case-law of the Court of Justice, but seeks recourse to the Court of Justice when it comes to bringing actions concerning existing European acts;
L. whereas the Hungarian Parliament adopted a resolution on 19 July 2022 calling for the European Parliament’s powers to be limited, and for MEPs to be appointed rather than elected;
(5) (6) (7)
Judgment of 24 June 2019, European Commission v Republic of Poland, C-619/18, ECLI:EU:C:2019:531, paragraph 42.
Opinion of the Court of 18 December 2014, Opinion pursuant to Article 218(11) TFEU, 2/13, ECLI:EU:C:2014:2454, paragraph 168.
Judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas, C-64/16, ECLI EU:C:2018:117, paragraph 32.