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

As recalled by the European Union’s strategic agenda for 2019-2024, rule of law is a key guarantee that our common values are well protected and complied with. Croatia’s Presidency programme also puts the focus on further establishing the Union as an area of freedom, security and justice, founded on common values, democracy and rule of law.  This is even more essential in the wake of the COVID-19 pandemic. Unprecedented circumstances have led many Member States to adopt far-reaching measures, which have been key to acting rapidly and effectively to protect the public health of citizens.  However, some of the measures do have a significant impact on fundamental rights, democracy and the rule of law. It is therefore essential that they are necessary, that they are proportionate to the objective, limited in time, subject to regular scrutiny and respects fundamental rights and the rule of law.  The European Commission President reaffirmed these principles in a statement on 31 March, and they were subsequently supported in statements by a significant number of states.  The Article 7 procedure, concerning Hungary, was on the agenda of the General Affairs Council of 25 March 2020. However, due to the COVID-19 emergency, that meeting had to be cancelled. Unfortunately, this is not over for the time being, and it is not possible to hold formal Council meetings. Instead, informal meetings of ministers are arranged through videoconference calls to allow the exchange of information and to discuss urgent information.  The Croatian Presidency believes it is important to facilitate the dialogue and exchange of best practices. In that regard, we organised an informal videoconference of ministers of justice on 6 April 2020, which addressed the impact of extraordinary measures on our justice system. Support was expressed by the Commission’s initiative to monitor the extraordinary measures and their application across the Union on an equal basis for all Member States.  We are well aware of the European Parliament’s resolution of 17 April 2020, which also echoed these essential elements. On 22 April, emergency measures adopted during the COVID-19 crisis were discussed at an informal meeting through a videoconference of European Affairs Ministers. Once more, a broad majority of Member States supported that approach that I’ve just highlighted.  The European Commission is closely monitoring the measures adopted by the Member States, including Hungary, and their compatibility with all the mentioned principles. We welcome the Commission’s extensive and continued monitoring of the application of emergency measures adopted by all Member States.  We are also confident that all governments will withdraw emergency measures as soon as positive developments in the COVID-19 pandemic makes this possible.  We trust that all Hungarian institutions will fully and rapidly cooperate with the EU institutions, and we all have a joint responsibility to ensure that the rule of law and fundamental rights remain the cornerstones of our common project. This is even more true during these difficult times if the Union is to emerge from the COVID-19 crisis even stronger.