Juncker infringement procedure threat probably scare tactic, says legal expert

Budapest, August 2 (MTI) – European Commission President Jean-Claude Juncker referred to a possible infringement procedure against Hungary not because of the migrant quota referendum itself but of its likely legal consequences, a legal expert said on Tuesday.

Juncker recently told Austrian daily Kurier that if member states were to hold referendums on all European Commission or European Council decisions, legal certainty would be compromised.

Norbert Tóth, a professor at the National Public Service University, was asked by public radio Kossuth whether the commission would have a legal basis to launch an infringement procedure in connection with Hungary’s referendum.

He said parliament would have to act on the referendum’s outcome by either amending the constitution or laws, approving a parliamentary resolution or a combination of these. This lawmaking may conflict with the European Union’s basic treaty or the obligations that result from the treaty, in which case an infringement procedure could ensue, he said.

Juncker in his interview raised the issue as a future possibility so his comments could be seen as a scare tactic, Tóth added.

No infringement procedure has been launched against any member state in connection with the quota decision approved last year, he said, adding that this was not by chance.

Source: MTI