Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-01-18-Speech-3-257-000"
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"en.20120118.23.3-257-000"2
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Mr President, honourable Members, we have just had a lengthy debate on the situation in Hungary and in Europe. As is generally the case in parliamentary debate, a number of different views have been expressed. I am sure, however, that we do all agree on one thing: we all want Hungarian legislation to be in harmony with the European Treaties and laws as well as the values that they convey.
‘I believe we have to be absolutely clear on the values, firm on the principles, fair on the method and sensible on the communication’.
This is what should have been said.
It is with this in mind that the Commission has acted, focusing objectively, independently and responsibly on its own powers, in accordance with its quasi-judicial role and its role as guardian of the Treaties.
Having adopted this approach after lengthy discussions with political leaders last year and the year before, the Commission decided to initiate three infringement proceedings, using a fast-track procedure, based on the Treaties, European legislation and the case law of the Court. In addition to these three demands, there has also been a preliminary letter of formal notice relating to the independence of the judiciary. I have taken note of several questions on this matter and I would like to tell you on what basis this letter was sent.
An independent judiciary is vital for implementing the Union’s law. According to the principle of effective jurisdictional protection, every citizen has the right to an effective remedy before an independent court. This is a general principle of EU law, which is also regularly used in the case law of the Court of Justice of the European Union. Given its importance, this principle was enshrined in Article 47 of the Charter of Fundamental Rights and it is for this reason that the Commission wants to know, among other things, whether or not certain provisions of the new Hungarian law on the organisation and administration of courts, and the premature termination of office of the President of the former Supreme Court, affect the independence of the judiciary
Secondly, there has also been a lot of questions regarding media freedom. You will be aware that Ms Kroes, the Vice-President of the Commission, who has great concerns about this issue, is acting within the limits of her powers. Just yesterday, Ms Kroes sent a new letter to the Hungarian Government on the matter of media freedom. She reminded it of our European rules and asked the Hungarian Government to work towards this.
One third and final matter – and I think this is also really important for the future work of Parliament – is the speech made by M Jagland, the Secretary General of the Council of Europe, regarding that institution’s areas of jurisdiction: electoral law, religious freedom, the independence of the judiciary, freedom of press. It might be worth working with the Council of Europe on areas within its jurisdiction. Mr Jagland also proposed referring the whole matter to the Venice Commission.
This is where we are up to. We now need to get to work on these issues. This morning, my staff was contacted by the Office of the Hungarian Minister of Justice. Without delaying further, we are going to get round the table and discuss specific texts. We also know that, next Tuesday, the Prime Minister, Viktor Orbán, will meet the President of the Commission, Mr Barroso, to discuss the letter and spirit of Hungarian legislation in relation to EU rules.
As I have said many times, the ball is in the court of the Hungarian Government. Rapid changes would be in the interests of Hungarian citizens and the European Union. The only thing I can say then is ‘let’s get to work and sort things out!’
I would like to end with a quote from President Barroso, which perfectly sums up how we must continue our work:"@en1
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