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Cornered Orbán bares teeth at German criticism

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Published 15 March 2013

Parliament President Martin Schulz yesterday (14 March) called on EU heads of state to punish Hungarian Prime Minister Viktor Orbán with sanctions last used to reprimand Austrian far-right leader Jörg Haider, as a row over changes to Hungary’s constitution dominated the beginnings of a summit of heads of state in Brussels.

On March 11, Orbán’s ruling centre-right Fidesz party used its unprecedented two-thirds parliamentary majority to pass constitutional laws that critics say limit citizens' freedoms.

Decisions of the country's top Constitutional Court made before the new constitution entered into force in 2012 will no longer be valid, discarding an important body of law often used as reference before.

Restrictive new regulations may now appear in higher education, homelessness, electoral law and family law, critics fear.

Press conference was a crowd-puller

Orbán understood that, since the issue was not on the agenda of the summit, the only chance of it impinging was before the start of talks, when the Parliamentary president addresses EU leaders.

He therefore convened a press briefing for mid-afternoon, in a move apparently aimed at pre-empting the Schulz attack.

To a packed room of journalists for whom Orbán constituted the only mid-afternoon attraction, the Hungarian leader repeatedly rebuffed criticism of his reforms, and rejected criticism in a letter sent by the foreign ministers of Denmark, Finland, Germany and the Netherlands.

The letter (sent 13 March) called on the EU to consider faster action to be taken by the EU “when the rule of law is flouted”.

Saying he was glad to see so many journalists “all eager and fired up”, Orbán added: “All your questions on democracy were raised two years ago. I know you feel it's like déjà vu. I feel that too." He was referring to events of late 2011 and early 2012, when constitutional changes in Hungary similarly led to calls for sanctions (see background).

"The constitutional process is transparent in Hungary… the Hungarian parliament has not limited the powers of the court," Orbán insisted.

He dismissed concerns voiced in the German Parliament, saying: “I have noted the German Parliament is discussing Hungary. I have sent Merkel a letter… there's not a single concrete point in Merkel's ‘concern’.” 

Shortly afterwards, Schulz concluded his meeting with heads of state and addressed journalists, hitting back at the Hungarian prime minister.

Constitutional changes go against the rules

Schulz said he thought considering the use of Article 7 sanctions suitable, and said that Hungary would be discussed by Parliament on 17 April “at the request of all political parties”.

"Orbán says that Hungary never interferes with other countries' domestic affairs, but I think he has misunderstood something. Changing the Constitution the way he wants to do it goes against the common community rules," said Schulz.

However, Schulz acknowledged that during his address to leaders, only the Commission President José Manuel Barroso had backed him up.

Subsequently diplomatic sources said that – despite the fracas – the pair remain good friends. Another source said that Barroso’s intervention before the leaders on the subject had been relatively mild, and added that Barroso had noted that some changes had been made to the constitutional law changes since the Commission first registered disquiet, on 8 March.

Positions: 

"I didn't speak to Orbán today, but he knows my position,” said German Chancellor Angela Merkel in a press briefing following the summit yesterday (14 March).

“I have full confidence in the Commission making a fair, in-depth analysis of the situation in Hungary," Merkel added.

Next steps: 
  • 17 April: EU Parliament to discuss Hungarian constitutional reforms
Jeremy Fleming and Henriette Jacobsen

COMMENTS

  • I can give you an alternative Hungarian point of view. As I argued earlier, there was a long road from the successful Hungarian EU presidency to the recent phenomena. Nevertheless, we are in the middle of a process so it is far too early to make final conclusions. However, by highlighting some important elements of the past, we would be in a better position to make our positive/negative judgments. But one thing is sure: European and Hungarian identities go hand in hand. And I am sure that due to some sound worries, everybody will understand that in some cases the Constitutional changes went too far this time and in due time, there will be a correction. I am sure.

    I remain at your disposal.
    http://bit.ly/WdES9I

    By :
    Zoltán MASSAY-KOSUBEK
    - Posted on :
    16/03/2013
Viktor Orbán, Hungarian Prime Minister, arrives in Brussels on Thursday 14 March 2013 (Photo: European Council)
Background: 

The EU has imposed sanctions only once against a member state. In 2000, 14 countries of the then 15-member EU reacted to the entrance of Jörg Haider's far-right Austrian Freedom Party into the Austrian government by freezing bilateral relations with the country.

No contacts or ambassadorial meetings at an intergovernmental level were held and Austrian candidates were not supported when EU international offices were assigned.

The sanctions were imposed in February 2000 and lifted seven months later when Haider stepped aside as party leader. He died in a car accident in 2008.

Serious human rights breaches by a member state can result in a suspension or loss of voting rights in the Council under Article 7 of the Lisbon Treaty.

Guy Verhofstadt, president of the Alliance of Liberals and Democrats for Europe (ALDE), called in January 2012 for sanctions against Hungary like those used against Haider in 2000. Under the Lisbon Treaty, the proposed sanctions could in fact be even tougher.

Critics said then that the constitutional changes and other laws enacted under Orbán's then two-year-old government weakened the independence of the judiciary, news media and the central bank.

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