Sophie Pornschlegel Profile picture
Deputy Director @DelorsEurope | Formerly @epc_eu | Policy Fellow @DPZ_Berlin | Teaching @sciencespo 🇫🇷🇩🇪🇪🇺 | My book👇

Mar 31, 2020, 8 tweets

The state of emergency law in #Hungary went through Parliament yesterday. Why is it so worrying and what does it mean for the #EU? THREAD 1/8

New law contains the following:
- State of emergency w/o time limit
- Rule by decree
- Parliament suspended
- all elections suspended
- Spreading fake news + rumors: up to 5 yrs in prison
- Leaving quarantine: up to 8 yrs in prison (as stated by @balazscseko) 2/8

This means indefinite and uncontrolled state of emergency in #Hungary; there are no checks and balances left, neither Parliament nor the Courts have a grip on the executive power. #Hungary is now an openly authoritarian state - a development that started back in 2010. 3/8

What are the implications for the EU? Clear infringement of Article 2 TEU & Charter of Fund. Rights. Mutual trust breached, the basis for EU cooperation such as EAW. Copenhagen criteria for access to EU not fulfilled any more ("consolidated democracy") 4/8

Lack of EU response is worrying: #Reynders will “evaluate the emergency measures taken by MS.” EU has been slow & unambitious in response to democratic backsliding in past years. Yes, it lacks infrastructure to ensure #democracy & #RoL- however, this is not the main problem. 5/8

There is a lack of political will from #EUCO to interfere. Reasons:
1/ national sovereignty & subsidiarity principle
2/ #EUCO still needs #Hungary for other decisions, e.g. #MFF.
3/ #RoL not a priority on the agenda & seen as “implicit assumption” for EU cooperation. 6/8

What should the EU do? Improve & Accelerate Art 7 procedure (Croatian Presidency needs to stop consulting and start acting!); RoL conditionality in MFF; Increase Rights & Values Instrument; No structural funds & fin. support if #RoL not respected; Throw Fidesz out of @EPP 7/8

#Hungary is worst case, but other MS are taking similar steps: #Poland w/ presidential elections; #Romania w/ restrictions on the freedom of information. #COVID19 should not be exploited to restrict civil liberties & enable democratic crackdown. 8/8

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