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REPORT (2017/2131(INL))

On a proposal calling on the Council to determine, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded

A-8-2018-0250 · A8-0250/2018

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Judith Sargentini

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Parliament's Committee on Civil Liberties, Justice and Home Affairs proposes that the Council determine, under Article 7(1) of the Treaty on European Union, that there is a clear risk of a serious breach by Hungary of the values on which the Union is founded. The report lists concerns on the constitutional and electoral system, the judiciary, corruption, data protection, freedom of expression, academic freedom, religion, association, equal treatment, minorities, migrants and economic and social rights. It submits a reasoned proposal inviting the Council to address appropriate recommendations to Hungary, and annexes a draft Council decision stating the clear risk and requiring Hungary to act within three months.

Committee position. The committee proposes that Parliament submit a reasoned proposal to the Council under Article 7(1) TEU, inviting it to determine a clear risk of a serious breach by Hungary of the values in Article 2 TEU and to address recommendations to Hungary.

Key points

  1. Parliament states that its concerns relate to twelve areas, including the functioning of the constitutional and electoral system, the independence of the judiciary, corruption, privacy, freedom of expression, academic freedom, religion, association, equal treatment, minorities, migrants and economic and social rights.
  2. Parliament believes the facts and trends in the Annex represent a systemic threat to the values of Article 2 TEU and a clear risk of a serious breach.
  3. Parliament notes the 8 April 2018 parliamentary elections and says any Hungarian government is responsible for removing the risk, even if it results from earlier policy decisions.
  4. Parliament submits a reasoned proposal to the Council under Article 7(1) TEU, inviting it to determine whether there is a clear risk and to address appropriate recommendations to Hungary.
  5. The annexed draft Council decision states that there is a clear risk of a serious breach by Hungary of the values on which the Union is founded.
  6. The draft decision recommends that Hungary take actions within three months of notification, and is addressed to Hungary.
  7. The report cites concerns by the Venice Commission, UN bodies, the OSCE, the Council of Europe and courts about Hungary's constitutional system, judiciary, corruption, media, academic freedom, religion, NGOs, equal treatment, minorities, migrants and social rights.
  8. The Committee on Budgetary Control says corruption and lack of transparency affect Union funds in Hungary and warrant the Article 7(1) TEU procedure, and calls for measures on public procurement, OLAF recommendations and the European Public Prosecutor's Office.
  9. The Committee on Culture and Education raises concerns on the National Higher Education Act, segregation of Roma children, media freedom and NGOs, and says these represent a clear risk warranting the Article 7 TEU procedure.
  10. The Committee on Constitutional Affairs says the situation in Hungary represents a clear risk of a serious breach of Article 2 TEU and warrants the Article 7(1) TEU procedure, and calls for a stronger EU mechanism to monitor fundamental rights.
  11. The Committee on Women's Rights and Gender Equality raises concerns on gender equality, violence against women, women's political representation, reproductive rights and NGOs, and says the situation warrants the Article 7(1) TEU procedure.

Who is affected

  • Hungary: the Council is invited to determine a clear risk of a serious breach and to recommend actions within three months.
  • Hungarian authorities: the report cites failures to act on previous recommendations and concerns over legislation and practices.
  • Civil society organisations and NGOs in Hungary: the report raises concerns about restrictions on their work and funding.
  • Migrants, asylum seekers and refugees in Hungary: the report raises concerns about detention, push-backs and access to asylum.
  • Roma and other minorities in Hungary: the report raises concerns about discrimination, segregation and hate speech.

Figures and deadlines

  • Union funding to Hungary amounting to 4,4 % of its GDP or more than half of public investment.
  • Share of public procurement contracts with only a single bid: 36 % in 2016.
  • OLAF recommended recovery of EUR 43,7 million in a street-lighting contracts investigation.
  • OLAF recommended recovery of EUR 28,3 million in a Research and Development projects investigation.
  • Corruption perceived as widespread by 89 % in Hungary.
  • Rejection rate of applications for international protection in Hungary in 2017: 69,1 %.
  • Proportion of people at risk of poverty and social exclusion: 26,3 % in 2016.
  • Maximum duration of unemployment benefits: 3 months.

Legal basis: Article 2 and Article 7(1) of the Treaty on European Union.