EU Commission President Ursula von der Leyen indicated the move weeks ago, but did not give any details.
(Photo: Reuters)
Brussels After years of hesitation, the EU Commission is taking action against the government of Hungarian Prime Minister Viktor Orban: According to information from the Handelsblatt from commission circles, the authority wants to apply the new rule of law mechanism for the first time. The government in Budapest is to be informed in October.
Brussels has been collecting information on embezzlement and corruption since the beginning of the year. In the case of Hungary, so much knowledge has now come together that concrete measures are justified, the Handelsblatt learned from the commission.
The rule of law mechanism, officially the “conditionality regulation for the protection of the budget of the Union”, enables transfer payments from the EU budget to be restricted or completely blocked if the independence of the judiciary is undermined or corruption is not prosecuted. The rule of law is “an indispensable prerequisite for sound financial management,” stresses the Commission.
Your President Ursula von der Leyen had already indicated the step three weeks ago in her speech on the State of Europe, but did not give any details: “I can announce that the first written communications will be sent out in the coming weeks,” she said to the EU -Houses of Parliament. “When it comes to protecting our household, we will pursue any case with everything in our power.”
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For years, the Commission has been confronted with the accusation that it is doing too little to counter the dismantling of the rule of law in countries such as Hungary and Poland. The Hungarian opposition has long indicated that the increasingly authoritarian Orban is securing his rule over corrupt networks. The EU Parliament is therefore threatening to take legal action against the Commission for failure to act.
The Brussels authority has long been aware of the allegations against Orban’s ruling clique. As recently as July she wrote in her rule of law report on Hungary that “the track record of investigations against high-ranking officials and their immediate circle” was “still limited”.
The judgment of the ECJ is still pending
However, the Commission had hesitated until the end: The rule of law mechanism should not be activated prematurely, it said. The cases would have to be watertight in order to stand up in court.
It was actually agreed with the EU member states that only the European Court of Justice (ECJ) would decide on the legality of the “conditionality regulation”. This judgment is still pending. However, the Commission has now decided that it has found a way to get around this agreement.
The procedure provides that the Hungarian government will first be given the opportunity to comment. The Commission can then propose “measures to protect the EU budget”, in other words: fines. These must then be put into effect by the member states with a qualified majority.
The SPD politician Katarina Barley welcomes the action against Budapest: “Finally there is movement in the Commission on matters relating to Hungary,” said the former Federal Minister of Justice and now EU member of the Handelsblatt. “For far too long this commission has let it happen that democratic principles have been almost completely dismantled in Hungary.” However, they only believe the announcements when they see action: “We have heard warm words for years, far too little has happened.”
The case of Poland also shows that the dismantling of the rule of law in parts of the Union requires decisive action. The Constitutional Court there escalated the conflict with Brussels on Thursday evening and decided that the Polish constitution took precedence over EU law in essential matters. With this, Warsaw is shaking a cornerstone of the European legal order.
The reaction from Brussels was sharp: “The Commission will not hesitate to use its powers under the Treaties to ensure the uniform application and integrity of Union law,” the agency announced.
Unlike in the case of Hungary, however, the rule of law mechanism against Poland is not imminent. Due to the controversial judgment of the Polish Constitutional Court, infringement proceedings are expected in Brussels.
More: Poland has embarked on the route of leaving the EU