“Unjust accusations”: who is not a decree by the European court

«Несправедливые обвинения»: кому не указ Европейский судThe European Union has consistently criticized the “authoritarian government” of Hungary and Poland and uses the leverage decisions of the European court. However, the refusal of the constitutional court of Germany to follow his orders gave the Budapest and Warsaw a chance to be free from the constraints of Brussels. As governments of the republics can reset the “shackles” of the EU — in the material “Газеты.Ru”.

Hungary goes to the next step of lifting the restrictive measures introduced to combat pandemic coronavirus COVID-19, and considering the abolition of “special powers” of the government. The latter will be a response to criticism from the European Union, which accused the country’s authorities headed by Prime Minister Viktor Orban in establishing “dictatorship”.

A new phase of easing will affect Budapest and will be effective from may 18, according to the statement of the government of Hungary, in the city to open restaurants and cafes and all the shops. The restrictions will continue to apply only to citizens at risk.

With regard to the abolition of the expansion of the powers of the government, Orban had promised the possible end of emergency in late may. “We successfully defended our country. We give everyone the opportunity to apologise to Hungary for unjust accusations,” — said the Prime Minister.

EU to criticize the Hungarian authorities began in early April, the reason for this was the extension of the powers of the Cabinet of Orban in Brussels it was regarded as a threat to the democracy of the country. Using his position, the authorities moved early elections, has suspended a number of laws and introduced criminal penalties for false information about the coronavirus.

As Orban said these measures were needed to combat the pandemic, and criticism from Union not justified. The Prime Minister also stressed that after the lifting of emergency, the country will return to normal parliamentary life.

Hungarian-Polish friendship

The unexpected promise of the Prime Minister of Hungary on return to normal power coincided with the negative decision of the European court in relation to Budapest. So, the Hungarian government was accused of “deprivation of liberty” refugees isolated in the transit area of the state.

As Politico wrote, this decision is crucial to determine the future path of Hungary, the main point was supposed to be the answer of Budapest. Analysts of the edition pointed out that the Hungarian authorities never openly opposed the European court, but this time the situation could change.

Prerequisites for an unexpected change of course Hungary was considered an example of the Federal constitutional court of Germany, who in early may had recognized the purchases of government bonds by the European Central Bank (ECB) is partly contrary to the German Constitution and forbade the Bundesbank to participate in the programs of the redemption of the ECB.

This solution analysts see as a challenge in relation to the EU from Germany, giving an example of a “traditional fighter” with Brussels — Hungary and Poland. In both countries the authorities responded positively to the actions of Germany, the main thing for them was the reluctance of Berlin to follow the decision of the European court.

This aspect is of key importance for the Budapest and Warsaw, are forced to obey the injunction of the European court because of its contradictions with Brussels. For example, the Hungarian authorities are obliged to eliminate violations of refugees on the border, and the poles are forced to go through changes in judicial reform.

Thus contradictions with the EU both countries have enough, and together they could fall under economic sanctions for enterprises “mismatch rules”. Violations recorded very different:

Hungary was accused of putting pressure on the opposition, the seizure of power and the withdrawal from democracy. Poland also suspected in the establishment of the dictatorship of organization uncompetitive elections and the desire to influence at the Polish court.

It is perhaps worth noting that the unites States presence in power of right-wing parties, the “eurosceptics” and “fides” in Hungary and “law and justice” in Poland. In the framework of the EU often support each other, especially when faced with criticism of Brussels.

A worthy example?

The decision of the German court gives the Budapest and Warsaw an opportunity to question the rule of law of the EU court and written off in violation of the Constitution. As the Minister of justice of Hungary Judit Varga, step the German court is a special event.

“There are some phenomena that cause someone to be careful. The fact that they rejected the court of the European Union is extremely important”, — added the head of the Hungarian Ministry of justice.

As expected, Hungary, together with Poland, could act against European restrictions and pressure from the EU leadership, but recent statements by Orban about the imminent exit from emergency mode — undermine the possibility of such an outcome.

While Warsaw more action than his colleagues, the question of judicial reform already under consideration by the constitutional Tribunal of the country, which controls the ruling party. Likely, the court decides in favor of the authorities, thereby allowing them to make changes.

We are talking about the reform of the Supreme court who were forcibly retired judges older than 65 years. After the law was dismissed 20 of the 72 judges of the Polish Supreme court. Under pressure from Brussels, Poland refused to reform, but the cancellation of the decision of the court of justice could dramatically change the situation.

However, while Warsaw and Budapest within the European legal framework and in compliance with all requirements of the European court. According to the decision of the Polish Supreme court had temporarily frozen, Poland has fulfilled this requirement.

Regarding the Hungarian situation, in General, quite complicated. According to Professor European University Institute of Halma Gabor, Budapest cautious with the EU court because they do not want to spoil relations with a moderately conservative parliamentary group “European people’s party” in the European Parliament, which includes “fides”.

In addition, Orban adheres to a slightly different tactic and does not act “in a forehead”. For example, in 2011 Hungary has sacked 300 judges by lowering the retirement age, and after a disturbance, the EU has adjusted the rules. However, no one was the return of former employees and updating the court still took place.

If Budapest decides to open confrontation, he’d have to put his judgment above that of Europe and the example of Warsaw to put into consideration the decision of the European court, but as long as the prerequisites for the transition of Hungary to this is no.


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