Debate: Emergency Legislation in Hungary and its impact on the Rule of Law and fundamental rights
Date: THURSDAY, 14 MAY 2020
Speaker: Věra Jourová
Language: EN

At the same time, the Commission has made clear from the outset that the response to this crisis must fully respect our fundamental principles and values as set out in our treaties. The commitment of all EU institutions and Member States to upholding the rule of law and fundamental rights is essential. Emergency measures adopted and implemented by Member States must be limited to what is necessary and strictly proportionate. They must not last indefinitely. Moreover, governments must make sure that such measures are subject to regular scrutiny, fully respecting democratic checks and balances. The emergency measures cannot mean switching off constitutions or EU law. This is why the Commission is proactively monitoring the emergency measures for all Member States, including Hungary. We are looking in particular at how the emergency measures are being used in practice and what their impact is, in particular on the rule of law, on fundamental rights and on EU law. Firstly, as regards the impact on the rule of law, situations which require close attention are those where the state of emergency does not have a predefined duration, where its duration is considerably long, where parliaments do not have the possibility to terminate such state of emergency, where the powers granted to the government are open—ended or where judicial review or other national checks and balances are restricted. Secondly, the impact on fundamental rights. The angle here is to closely scrutinise the impact of limitations in practice, whether the standards imposed by international obligations and relevant guidance are being maintained, and what limitations might go beyond what is strictly proportionate. And thirdly, the impact on EU law. We are checking whether the measures adopted under the emergency arrangements comply with EU law or whether they lead to possible disapplication of national laws implementing EU law. As stressed by Commission President von der Leyen in her letter of 7 April to President Sassoli in this context, the case of Hungary raises particular concerns. In the case of Hungary, the emergency powers granted appear more extensive than in other Member States, considering the combined effect of broadly defined powers and the absence of a clear time limit. The criminalisation of stating or spreading false information related to the crisis is not clearly defined and is accompanied by strict sanctions. This raises potential concerns as regards legal certainty and may have a chilling effect on freedom of expression. These particular concerns come in a well—known context in Hungary as regards rule of law and respect for EU values. The Commission is, therefore, monitoring very closely the use of emergency powers in Hungary. Allow me to be more specific as regards the situation of media. Now it is more important than ever to pursue measures that are effective in curbing the spread of disinformation but do not limit free speech. The fight against disinformation should not and may not reduce our democratic values, including the possibility to have a fair democratic debate where different voices can be heard. In Hungary, the environment in which media and journalists operate has been deteriorating for a number of years. Organisations and associations representing civil society and journalists have been sounding warnings about the situation. These warnings grew louder following the adoption by Hungary of the provision criminalising the spreading of disinformation relating to COVID—19. Especially in moments like this, we need reliable journalism, employing professional standards to provide accurate information and to scrutinise the measures taken in response to the global health threat. Journalists should be able to work freely, have access to information, ask questions. Their job is to hold us politicians to account for our actions. In the EU, we are now entering a new phase where certain measures taken to protect public health will be gradually relaxed. This new phase means that the general states of emergency, with exceptional powers granted to governments, should gradually be removed or replaced by more targeted and less intrusive measures. For that reason, the Commission will be very vigilant on how emergency measures, which affect the rule of law, fundamental rights and democratic values, are phased out in the Member States. This is even more important for Hungary, given the lack of a clear time limit for the state of danger. I expect, first of all, that the Hungarian people will be the ones who will want to return to enjoying their rights in full. I also expect the Hungarian national parliament to exercise its scrutiny role. Civil society, free and independent media, regular scrutiny and national checks and balances are essential for overseeing the government’s exercise of power. We can only face up to the challenges stemming from this crisis by bringing our societies and democracies together in a spirit of understanding and good cooperation. The Commission is considering how to reflect as relevant the situation of the emergency measures in Member States in upcoming policy documents such as the rule of law report, the European democracy action plan and the renewed fundamental rights strategy, all due for adoption by the end of this year. Honourable Members, I look forward to hearing your views on this matter.