ON BEHALF OF ARTICLE 7 AND YOUR EUROPEAN ‘’ALLIES’’
‘’The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.’’ – Article 2 on the Treaty of the European Union
This can be considered one of the most important values, which former Prime Minister of Hungary Péter Medgyessy agreed upon on behalf of Hungarian citizens when Hungary officially joined the European Union in 2004.
Now, 14 years later, it appears that Article 2 is being increasingly compromised. In light of recent socio-political developments in Hungary, the European Parliament has decided with a large majority (448 against 197), that the current Prime Minister Viktor Orbán, has breached fundamental European democratic values and rights in Hungary, and has also exploited European subsidies and purging the judicial system. Consequently, the Parliament has ruled that it will invoke punitive measures under Article 7 of the Treaty on the European Union. The use of this Article is unprecedented in the history of Europe. The ultimate consequences of this article are that Hungary can lose its voting rights in the European Council, but the political consequences might go even further. One must then ask him or herself: how did it get this far in the first place? And how seriously should we take the European Parliament’s decision to heart?
A geopolitical timeline
The EU has always had a love-hate relationship with Hungary, and current socio-political developments on the European continent namely the refugee crisis and Odrázs’ Euroscepticism have not particularly contributed to the bolstering of this relationship. Numerous countries in Western and Eastern Europe, such as Germany and France, have seen a large surge in the increase of the endorsement of extreme right-wing political parties, and Hungary is not new to this list. Obrán, the current leader of the national conservative Fidesz, a party that first started off as a national conservative government for the people. Nonetheless, it has turned into a political party that is increasingly adopting right-wing extremist policies and rhetoric in Hungary. In a survey conducted on 38 countries to see which events/persons they consider as a leading security threat in their own country, Hungary emerged on top, with ‘’the influx of refugees which are leaving Iraq and Syria being their number one security threat’’. This can give a potential justification as to why exactly Odráz is fuelling his radical right-wing agenda.
Whilst there is significant resonation of the Hungarian people for his anti-foreign and anti-Western vision under the current socio-political circumstances, there is still a powerful majority within Hungary that reject this extremist approach. Especially those people’s whose rights have been infringed on by the Hungarian government in recent months. These citizens, journalists, universities, and newspapers that express their own view on the current socio-political climate, that are not in line with that of the Hungarian government, have been oppressively shut down by it. According to Press Freedom House -a non-governmental organisation which annually analyses media independence around the globe- Népszabadság, a left-wing Hungarian newspaper, which had uncovered a string of scandals involving the ruling party, was unexpectedly suspended in October of 2016. Not long after that, it appears that it's parent company was sold and given to a firm which was linked to one of the Prime Ministers allies. One can interpret this as oppressively impairing the freedom of speech. The other might think it is just plain out corruption. Notwithstanding, it is definitely a mix of both.
The future of democracy
If one looks at Hungary’s location within Europe, it can be deduced that it has been a vital geopolitical partner throughout history. Through its convenient location in Europe, it symbolically provides a gateway between Eastern Europe and Western Europe, especially in light of the recent refugee crisis, and henceforth holds significant power to control and influence movements within this geopolitically important area of Europe. It, however, seems to have been increasingly taking advantage of that position. Due to the large influx of migrants and refugees entering Hungary, either wanting to ask for asylum or travel even further into Europe, Odráz has implemented a new rule in order to diminish and deter these amounts. Odráz allows just 2 asylum seekers to enter Hungarian territory every day, and while their procedure is being consulted upon, they have to await the outcome of their case in a container park on the border in Serbia. Even then, there is no guarantee their application will be accepted. Although there is nothing wrong with exercising powers as a country to foster and help those in and outside your national borders, it does become a problem when this power is manipulated to purposely impair the free movement of people within Hungary and its borders. Especially when it touches upon one of the cornerstones of the EU: the free movement of goods, capital, service, and labour, which is the basis for a coherently operating European internal market which all Member States agreed upon when they joined the European Union.
While there are apparent signs that Hungary is increasingly non-confirmative with European democratic values, there is a difference between deciding to punish someone and the wide discretion on the interpretation on how to implement it after. This is exactly where EU law enforcement is lacking and needs amelioration. When we look at the actual content of Article 7, the European Council can decide that if it actually invokes such an article, it can vote on a qualified majority in the European Council to revoke these suspensions in light of changes in the sociopolitical environment that would potentially take place in a sanctioned country. The basis on how well these democratic values have started to conform again with European values is open to considerable subjectivity. One country’s interpretation of Hungary’s potential amendments in its country may be applauded, but can be heavily condemned by another and might demand even more radical change. It is exactly here where positive and natural law intertwine: You are giving back voting rights to Hungary, but from a moral and ethical perspective, it would be a threat to Europe and its citizens? Despite EU law being very thorough, it did leave some gaps which are now resurfacing.
With the current winds of change flying across Europe, Hungary must watch out not to blow itself back in time and contradict its own past, in which it fought so hard for its own freedom and future. The fact that 60% of the European Parliament voted for the sanctions signals that Europe is becoming increasingly divided and reflects the European Union’s attitude on how it envisions its future. However, the lack of enforcement and precedence of invoking Article 7 demonstrates one of the EU’s weaknesses to enforce these rules and can leave a lot of room for Hungary to further fuel anti-European sentiments and distort the development and future of the Union.
Whatever direction Hungary wants to follow, let it be left or right, that is completely up to them. Whilst it pursues the path it wants for itself and on the future of its country, it must not forget that 60 years ago, the values and freedoms the government now suppresses, were once fought for so adamantly by the Hungarian people. To contradict one’s history is a very dangerous mistake, one which can leave Hungary with no one by its side.
Bibliography:
https://freedomhouse.org/report/freedom-press/2017/hungary
https://www.washingtonpost.com/news/monkey-cage/wp/2015/08/10/is-hungary-run-by-the-radical-right/?utm_term=.2509c56f0aa8
http://www.pewglobal.org/2017/08/01/globally-people-point-to-isis-and-climate-change-as-leading-security-threats/
https://nos.nl/artikel/2250896-hongarije-in-beroep-tegen-strafprocedure-orban-laakt-eu-grensbewakingsplan.html
Comments