Brussels raises alarm over rule of law in Hungary and warns of possible action, Hungarian minister: ‘political hysteria’

The European Commission “has serious concerns” about the rule of law situation in Hungary, EU Commissioner for Democracy Michael McGrath said in Brussels on Tuesday.

Arriving for a meeting of EU affairs ministers, McGrath said he had heard concerning reports of restrictions imposed on civil society and media during a visit to Budapest in May. He said such restrictions were unacceptable and warned that every EU member state must honour the community’s fundamental values.

McGrath said the European Commission would present its concerns around several pieces of recent Hungarian legislation at Tuesday’s meeting. He highlighted a draft concerning the transparency of public life, and said its passage would be in violation of EU law, the community’s internal market freedoms, and stipulations of the Charter of Fundamental Rights.

“We have asked the Hungarian government to withdraw that draft law. And in the absence of that happening … we stand ready to use the tools at our disposal,” he said, adding that he hoped the Hungarian government would give a constructive response.

McGrath said the EC was paying close attention to developments in two infringements procedures now under way against Hungary, one concerning the Sovereignty Protection Office, and the other concerning Hungary’s child protection law, under which the Hungarian government is prepared to ban public events.

He said the right to peaceful assembly was a fundamental right to be protected in all circumstances, adding that the EC was analysing the legislation that served as a basis for such bans. He also said the right to assembly did not pose a danger to children.

The commissioner said the EC was open to continuing dialogue with Hungary, but added that the rule of law was not optional but a basic requirement of EU membership. He expressed the EC’s readiness to help Hungary meet those requirements again, adding, however, that it would also work to protect the rule of law, the EU Charter, and the rights of Hungarian citizens.

Concerning suggestions that all Hungary’s EU funding may be suspended, the commissioner said any procedure could only be conducted on a legal basis through available rule-of-law procedures. He noted that the bloc is in the process of shaping the EU’s multi-annual budget, and quoting EC President Ursula von der Leyen, urged a tighter link between rule of law criteria and the availability of community funding.