Debate: Existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded
Date: WEDNESDAY, 14 SEPTEMBER 2022
Speaker: Didier Reynders
Language: FR

Il est essentiel que toutes les institutions de l’Union contribuent, dans le cadre de leurs compétences respectives, au respect de l’état de droit. La Commission a eu l’occasion d’expliquer à plusieurs reprises qu’elle partage en nombre important des préoccupations exprimées par le Parlement dans sa résolution ayant initié la procédure article 7. Lors du Conseil «Affaires générales» de mai dernier, la Commission a pu informer le Conseil des récents développements survenus en Hongrie. Nous restons disposés à maintenir le dialogue avec la Hongrie afin de trouver des solutions aux préoccupations exprimées. La Commission a par ailleurs recours à tous les instruments à sa disposition pour répondre aux préoccupations concernant les valeurs communes de l’Union. En particulier dans son rôle de gardienne des traités, la Commission fait respecter le droit de l’Union, le cas échéant en engageant des procédures d’infraction.  In July, we decided to refer Hungary to the Court of Justice with regard to the Hungarian law which discriminates against people on the basis of their sexual orientation and gender identity. In another procedure, the Commission has seised the Court of Justice with regard to the Hungarian Media Council’s decision to reject the application of Klubrádió for the use of the radio spectrum on highly questionable grounds. Both proceedings are ongoing before the court. Where appropriate, the Commission has also used other instruments, such as the European Semester, to promote the rule of law. In July, the Council, following the Commission’s proposal, reiterated its recommendation that Hungary should reinforce its anti-corruption framework and strengthen judicial independence. Another important instrument is the Recovery and Resilience Facility. When assessing the national recovery and resilience plans, the Commission verifies whether they are expected to contribute to effectively addressing all or a significant subset of challenges identified, including in the relevant country-specific recommendations of the European Semester. On this basis, the Commission is pursuing its exchanges with the Hungarian authorities on the Hungarian plan. The Union also has at its disposal the regulation on a general regime of conditionality for the protection of the EU budget. Earlier this year, the Commission sent a written notification to Hungary under the conditionality mechanism. Exchanges are ongoing with the Hungarian authorities under this procedure, also to see how the shortcomings that we identified could be remedied. Last but not least, the Commission published before summer the third rule of law report. And for the first time, the report includes recommendations to all the Member States. In the case of Hungary, all recommendations concern a series of issues including judicial independence, high-level corruption, the independence of the media regulatory authority and obstacles affecting civil society organisations. These recommendations are based on the findings of the report. I would like to develop some aspects. As regards judicial independence, the report found that concerns expressed in the context of the Article 7 procedure, as well as in previous rule of law reports, remain unaddressed. This is also the case for the recommendation made under the European Semester. These concerns relate in particular to the challenges faced by the Independent National Judicial Council in counterbalancing the powers of the President of the National Office for the Judiciary, the rules on electing the President of the Supreme Court and the possibility of discretionary decision as regards judicial appointments and promotions, case allocation, or bonuses. As regards the anti-corruption framework, shortcomings persist as regards lobbying, revolving doors as well as the financing of political parties and campaigns. Concerns also remain regarding the lack of systematic checks and insufficient oversight of asset declarations, as well as the lack of rules on conflicts of interest for public interest trusts. The lack of a robust track record of investigation of corruption allegations concerning high-level officials and their immediate circle remains a serious concern. And some new high-level corruption cases have been opened. The lack of judicial review of decisions not to investigate and prosecute corruption remains a cause of concern. This is particular as risk of clientelism, favouritism and nepotism in high-level public administration remain unaddressed. As regards media freedom and pluralism, the continued channelling of significant amounts of state advertising to pro-government media creates an uneven playing field in the media landscape. Public service media operates in a complex and institutional system amid concerns over its editorial and financial independence. Media pluralism continue to face challenges in exercising their activities, including the surveillance of investigative journalists. Access to public information continues to be hindered under the state of danger. As regards the system of checks and balances, the transparency and quality of the legislative process remains also a source of concern. The government has been using its emergency powers extensively, also in areas not related to the COVID-19 pandemic as initially invoked. The Commissioner for Fundamental Rights has gained more competences, but his accreditation was downgraded following concerns regarding its independence. The ineffective implementation by state organs of judgments of European and national courts is another source of concern. Pressure continues on civil society organisations. Public interest trusts have become operational, which receive significant public funding and are managed by board members close to the government. The Commission invited all Member States, including Hungary, to address the challenges identified in the report. We stand ready to assist all the Member States in their efforts to implement our recommendations. Pour conclure, même si je ne suis malheureusement pas en mesure aujourd’hui de rendre compte d’évolutions positives, j’espère que les procédures en cours permettront aux autorités hongroises de répondre de manière effective aux préoccupations exprimées. Nous allons en tout cas continuer le dialogue pour tenter d’atteindre cet objectif. Je vous remercie pour votre attention et je suis évidemment à l’écoute de vos observations.