Finnish member of the European Parliament (EP), Petri Sarvamaa, publicly launched a petition this week advocating for the suspension of Hungary’s voting rights within the EU’s decision-making council. The petition closes for signatures by members this Friday.
The document, addressed to the President of the EP Roberta Metsola, calls for immediate action against Hungary under Article 7 of the Treaty on European Union (TEU). It highlights the need to commence the Article 7(2) TEU procedure, citing allegations of erosion of the rule of law in Hungary as well as disruptive actions in the December European Council.
Further information from Sarvamaa’s own website states that he is leading this campaign to strip Hungary of its EU voting rights due to perceived obstructions of decision-making by Prime Minister Viktor Órban. The campaign argues that enacting Article 7 of the EU Treaty has become necessary as Hungary appears to hinder critical decisions, especially those supporting Ukraine amidst the ongoing Russia-Ukraine conflict.
The procedure reportedly involves two stages. Firstly, a unanimous vote among member states is needed to identify and verify rule of law or corruption issues in Hungary. The second stage allows member states to vote to suspend Hungary’s voting rights, requiring a qualified majority. Once the Friday deadline for signatures is met, Sarvamaa plans to forward the document to Metsola.
As specified by Article 7 of the TEU, after a proposal by one-third of member states, the European Parliament, European Commission, or Council may ascertain a significant breach by a member state of Article 2 values. Following unanimous decision and a one-third proposal, the European Council can also determine a persistent violation of these values. After considering impact on individuals and entities, the council can suspend certain rights, including voting rights, by a qualified majority, although a state’s obligations persist. Later, based on change of circumstances, the council can adjust or revoke such measures.
Considered an active participant in EU affairs, Sarvamaa, a Finnish member of the EP from the Conservative Party, has been foremost in expressing concerns about Hungary’s adherence to EU principles and preservation of the rule of law.
Hungary, under Órban’s helm, has been subject to global criticism for controversial rule of law issues. Controversial amendments made in June 2021 targeted the dissemination of information on homosexuality and sex reassignment to minors, resulting in EU infringement proceedings and condemnation by the UN. In July 2022, the European Commission announced legal action against Hungary over an anti-LGBTQ+ law and denial of broadcasting rights to a dissenting radio station. Despite defending its stance in court, the nation drew scrutiny. Additionally, Órban has declared a wartime state of emergency in 2022, citing concerns related to the war in Ukraine, reminiscent of a similar move during the COVID-19 pandemic.
Within Hungary itself, Órban has encountered opposition as well. Hungary’s Constitutional Court dismissed a petition from Órban’s government in December 2021, rejecting their challenge against a prior ruling by the EU Court of Justice which declared Hungary’s asylum policies in violation of EU law.
Ref: JURIST – News