Diritto amministrativo europeo

Beyond the Spectacle: The European Parliament’s Article 7 TEU Decision on Hungary

Questa settimana segnaliamo un commento di Klaus Bachmann, Professore di Scienze politiche dell’Università di Varsavia, sulla recente decisione del Parlamento europeo, che ha approvato la mozione per l’avvio delle procedure relative all’applicazione dell’articolo 7 TUE all’Ungheria.

Beyond the Spectacle: The European Parliament’s Article 7 TEU Decision on Hungary

by Klaus Bachmann

September 17, 2018

Emotions were high and voices loud while and after the European Parliament adopted its decision to trigger an art. 7 TEU procedure against Hungary this week. Once the dust settles, it might be helpful and disillusioning to look at the possible consequences, the collateral damages and the side-effects of the European Parliament’s art. 7 TEU decision.

The next step is a Council meeting where Members discuss the PE decision and Hungary can again defend itself. The Council can then vote on art. 7(1) TEU, where it needs a 4/5 majority. It is, however, more likely, that it will refer the matter back to the Commission and request it to monitor the situation further, engaging in a “dialogue” with the Hungarian government. This is what happened with regard to Poland’s art. 7 TEU procedure. After an initial period, during which the government of Beata Szydło panicked and Mrs. Szydło was ready to make concessions to the European Commission she had refused to make to the Polish opposition, the Polish government quickly realized the advantage, which it could derive from the slow pace of the EU decision making process: What you once nail for good, no Commission and no Parliament can un-nail. In the meantime, the Polish government has managed to dismantle the judiciary so much that not even the government could undo it. What kind of concessions could Orbán, the Polish prime minister or Jarosław Kaczyński, the man who pulls the strings behind the scenes in Poland, make in order to satisfy the EU? Fire judges, which they appointed unconstitutionally and break the constitution again? Loosen the government’s grip on the appointment of judges and prosecutors? That would deprive any future government from getting rid of these appointees and cement PiS’ and Fidesz’s power over the judiciary.

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