In Budapest on 11 March, Hungary’s national parliament voted for a fourth amendment to the constitution, which has again raised uncomfortable questions for the European Union. The amendment limits the power of the Hungarian constitutional court, and re-introduces various initiatives that the same court had previously ruled unconstitutional. Many high-profile figures have spoken out against this amendment including European Commission President José Manuel Barroso, but the question on everyone’s lips is: what can the EU really do about this?
Should the EU seek the answer in Article 7 of the EU treaty? This means a member state voting rights can be suspended if it seriously breaches ‘European values’. This is certainly an option, but in practice it’s extremely difficult to set in motion. And it’s also a highly political option. The alternative is infringement procedures. But these are limited to cases involving a specific piece of EU law and the Commission has already taken Hungary to court over the retirement age of its judges. Barroso himself has recognised that there is a need for a middle option, a mechanism to monitor and apply pressure to a member state when it fails to uphold the Union’s values, which include respect for human rights. And now there’s growing momentum to tackle this. To its credit, the European Parliament has pressed for action over Hungary. But this most recent incident has also persuaded several EU countries to step up the pressure too. Four of them wrote to Barroso stressing the need for the EU to take action. And now all eyes are on the Commission.
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