In an interview published in the 9 January 2018 edition of the Austrian daily Die Presse, Hungarian Minister of Justice László Trócsányi expressed his concerns with relation to the fact that in his opinion the European Commission is endangering the rule of law.
“If during the course of a highly significant legal procedure people attempt to replace the requirements set down by the rule of law with legal and political arguments, then paradoxically the principle of the rule of law is not reinforced, but loses content”, Mr. Trócsányi declared, referring to the EU procedure against Poland.
In late December, the European Commission (EC) launched Article 7 proceedings against Poland with relation to the country’ controversial judicial reforms. Brussels cited the fact that Warsaw has grossly contravened the principle of the rule of law. At the time, the Commission stated: Within the last two years the Polish authorities have adopted 13 pieces of legislation that endanger the independence of courts and the principle of separating the executive, legislative and judicial branches of power.
This was the first time that the procedure, referred to as the “atom bomb” was activated with respect to a member state. Article 7 enables a multistep procedure which, in the case of a serious and methodical breach of EU fundamental values, could eventually lead to the suspension of the affected country’s voting rights.
The Treaty of Lisbon defined the rule of law as a fundamental value, “but it doesn’t define what the rule of law must include”, the Hungarian Minister pointed out. “In Poland’s case, the issue in question, i.e. the system according to which the constitutional court and traditional courts are organised, falls under the sphere of competence of individual member states, not that of the EU”, he highlighted. “If the Commission and the Council of the European Union were to embark on the introduction of legislation of this nature and decide on regulations that fall within the sphere of competence of member states like a kind of court forum, that would be extremely unsettling from the perspective of the sovereignty of the affected states”, he added.
“European solidarity is also not being particularly facilitated by the fact that member states are being put in the dock”, the Justice Minister stressed.
Mr. Trócsányi said that in his opinion the infringement proceedings launched against Hungary, Poland and the Czech Republic also violate the principle of the rule of law.
Last summer, the European Commission launched infringement proceedings against the three abovementioned countries for refusing to implement the decision on mandatory EU refugee quotas.
“It is well known that hardly any countries have implemented the resolution”, the politician explained.
Mr. Trócsányi said he couldn’t understand why only these three countries have been called to account based on an “arbitrary points system” determined by the body.
“If there is something that does not conform to the principle of the rule of law then it is the Commission’s arbitrary selection system”, he pointed out.
According to the Minister, Brussels’ actions are encroaching upon the fundamental rules of democracy.
“How much room for movement is available to institutions that have been elected by the people?”, he asked.
“Within what framework can a nation state manoeuvre in the European Union?”, he added.
According to the Hungarian Justice Minister: “The majority of European citizens agree that external circumstances are restricting national parliaments and governments to such an extent that they are being prevented from acting freely”.