Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-01-18-Speech-3-180-000"
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"en.20120118.23.3-180-000"2
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"Mr President, Mr Minister representing the Council Presidency, Prime Minister, distinguished Members of the European Parliament, I very much welcome the opportunity to take part in this debate today on developments in Hungary and to present clearly the Commission’s approach and role in this regard.
The Council of Europe is currently considering other points of Hungarian legislation which are under its remit. The Council of Europe’s Venice Commission could play an important role in this respect. Both Vice-President Reding and I have discussed this with Secretary-General Jagland, who has conveyed his full support for the approach the Commission has taken.
This leads me to the more political dimension of this situation – something that we are also discussing today in this Parliament in its evident capacity as a political body. In fact, beyond the legal aspects, some concerns have been expressed regarding the quality of democracy in Hungary, its political culture, the relations between the government and the opposition, and those between the state and civil society.
I strongly appeal to the Hungarian authorities to respect the very principles of democracy and freedom and to implement them: not only in terms of norms but also in practice and in the political and social life of the country. These are matters where political judgment is more difficult, and sometimes – let us be honest – ideologically polarised. But I believe that all democratic political forces have an interest in working together for the consolidation of a Hungarian democracy.
The Commission will continue to call for the legislation in question to be modified and made compatible with European law. Above all we will continue to urge the Hungarian Government to act in a responsible democratic manner and in the best interests of all Hungarian citizens. In fact, yesterday, on a further matter which raised political issues, Vice-President Kroes again sent a letter to the Hungarian authorities expressing our concerns regarding media freedom. For it is only through a legally stable environment, based on the rule of law, democratic principles and fundamental rights, that the confidence of citizens, partners and investors can be gained and maintained. In times of economic crisis this is more vital than ever – apart from being, of course, a question of democratic principle.
It is important, I believe, that the message sent from this debate in the European Parliament to the Hungarian people is that we want Hungary to go on being a respected member of the European Union. This should be a debate not against Hungary but for Hungary and with Hungary. We are asking the Hungarian authorities to correct points that raise concern. We do not want a shadow of doubt on the democracy of any of our Member States.
We have the highest regard for the Hungarian people: their history, their culture, their record of fighting a totalitarian regime as embodied in their struggle against Soviet troops in 1956. We therefore call on the Hungarian Government clearly to demonstrate its commitment to the principles of democracy, freedom and the rule of law.
It is important to address these political concerns, and I appeal to Prime Minister Orbán to tackle this in a determined and unambiguous way. We believe this to be in the best interests of Hungary and of all our European family.
This is an extremely sensitive matter, where I believe we have to be clear on values, firm on principles, fair on method and sensible on communication. The Commission has been closely monitoring developments related to the new Hungarian constitutional system since the beginning of 2011. We were in contact with the Hungarian authorities during the preparation of the draft ‘cardinal laws’ implementing the new Constitution – raising our concerns over the compatibility of these laws with European Union law. Similar concerns, among others, were raised by the European Central Bank and the International Monetary Fund.
Following an initial technical analysis, the Commission urged the authorities in Hungary to modify the draft laws. Unfortunately the Hungarian authorities did not take into account all the Commission requests. These concerns were then expressed at the highest political levels in December, through two letters from myself to Prime Minister Orbán and letters from Commission Vice-Presidents Rehn and Reding. Moreover, we made it clear that the issue of the independence of the national central bank needs to be addressed before we can start formal negotiations on the requested EU-IMF financial assistance.
Following adoption of the cardinal laws by the Hungarian Parliament on 30 December, the Commission immediately conducted a full and swift legal analysis of the final versions of these laws and their compatibility with the European Union treaties. Following this legal analysis, the Commission yesterday agreed to launch three infringement procedures. We have sent three letters of formal notice relating to the independence of the national central bank, the retirement age of judges and prosecutors and the Data Protection Supervisory Authority.
The Commission has also asked for further explanations concerning the independence of the judiciary. On this issue we expect additional clarifications by the Hungarian authorities. Should those clarifications not satisfy, or should they fail to provide a proper answer, the Commission will not hesitate in taking further action on this very important issue.
These decisions reflect the special responsibility of the Commission, as the guardian of the Treaties, to provide a sound and thorough legal analysis, and its quasi-jurisdictional role in this respect. Moreover, these measures are part of a sustained and determined effort by the Commission to ensure full observance of European Union law by the Member States: the letter of the law and also, importantly, the spirit of the law.
The proceedings decided on yesterday by the Commission will be treated with the highest priority. At this stage, the issue for the Commission is mainly one of the application of European Union law, and we are doing everything in our power to pursue this in a consistent and objective way. However, I insist that we will not hesitate to take further steps if they are deemed appropriate, depending on the formal and substantive replies we receive from the Hungarian authorities.
Today I received a letter from Prime Minister Orbán, reacting to the three Commission decisions. He has indicated to me his intention to modify the relevant legislation and to work with the Commission in the coming days in order to find legal solutions to the issues raised. The Commission will continue its efforts with the Hungarian authorities to explore the various ways of complying with European Union law.
However, there may be issues at stake that go beyond the matters of European law that have been raised. These other issues should also, I believe, be addressed."@en1
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