Hungary is available five days from the European Commission to change the provisions of the new constitution in violation of central bank independence, the judiciary and the press. The Commission will determine the measures necessary to the next meeting of the Commissioners, January 17. The government in Budapest but in full lobbying campaign to persuade Member States that its laws comply with the Community.
European Commission show that - from the cooperation with the Hungarian government, whose legislative process to follow closely, and analysis of new provisions of the Constitution - is concerned with several issues:
Central bank independence;
measures on the judiciary and in particular the requirement of early retirement of judges and prosecutors at the age of 62 years instead of 70;
independent national data protection authority.
Threats to central bank independence led last month after stopping talks between the Hungarian government and the European Commission and IMF.
In addition to these legislative issues, Hungary has received a warning from the European Commissioner for Economic and Monetary Affairs Commissioner Olli Rehn, who said that Hungary also face possible suspension of EU funds if it has a better control of budget deficit.
The Commission services will complete the analysis of the new Hungarian law these days, and the College of Commissioners will take the necessary decisions in the next meeting on 17 January, according to a press release.
Commission may refer the case the European Court of Justice under Article 258 of the Treaty of Lisbon. Moreover, European Voice shows that Article 7 of the Lisbon Treaty allows the EU to impose sanctions on a Member State under "a persistent and serious violations" of freedom, democracy, human rights and other values provided by the Treaty.
A European Commission official told the newspaper quoted that there are currently no intention to invoke Article 7. But Liberal leader in the European Parliament, Guy Verhofstadt, is considering launching a proceeding under Article 7. This can be done by the Council of Ministers - one third of Member States - by the European Parliament or the Commission.
"Hungarian crisis is as important as the euro crisis. Both related to credibility in the eyes of their citizens," said Verhofstadt.
European Commissioner for Justice and Home Affairs, Viviane Reding, has hinted that Prime Minister Orban abusing parliamentary majority that has to rethink and change the fundamental law for the benefit of Fidesz Party and not the country. "The majority in parliament brings a special responsibility," said Reding, cited by New York Times.
Hungarian Lobby
Government response from Budapest is always the same: it is "committed to compliance with the European universities" and is "ready for negotiations and to find solutions" with the Commission on matters that concern European institution.
Moreover, Hungary has tried to parry the statements of the EU executive on Wednesday, sending a letter to Member States and Brussels.
The letter, signed by Foreign Minister Janos Martonyi and whose content is set by Brussels Blog, a blog of the Financial Times, show that the controversial legislation consulted international experts and does not infringe any of the mentioned values. "Clearly we are not immune to error, including errors of law. We are open to criticism, but they are timely and accurate," said the document cited.
Hungarian Foreign Minister made clear in a letter to Member States his government is open to negotiations and said that Prime Minister Viktor Orban will not take any action against the Central Bank's mandate until the current governor, Andras Simor, rival Prime Minister, will expire in May March of next year.
"We are prepared to reconsider changing the legislation, if necessary. But that was not and will never be a matter of prestige for my government. Again, we are ready to reach out to anyone who has a concern punctual, without preconditions. But not accept value judgments. And accept much less anyone to question our commitment to democracy and our place among the democracies, "it said Martonyi.
Finally, one of Fidesz MEPs, György Schöpflin, warned that those who think of sanctions against Hungary must be cautious. "The more they attack more, with both Hungarian citizens will be more oriented towards Jobik extreme right party," he said.
