Published: 6.3.2023
I wish I were wrong and the Orbán government had already made the necessary rule of law changes, retracted the most hideous tentacles of the NER and the funds that have been frozen for years due to Fidesz’s crimes could finally be released. But they are still not coming and, as I understand it, they certainly will not come for a while. This is a very serious problem, as the Hungarian economy and Hungarian families are in dire need of these funds. It is clear and unequivocal: the fact that we have come to this point and that there is still no reassuring conclusion to the process is entirely the responsibility and fault of the Orbán government.
I bring bad news, because, according to my information from Brussels, uncertainty continues to linger over both the money from the Recovery Fund and the traditional seven-year EU budget, as the European Commission made a decision this week and did not accept the amendments and commitments made by the Fidesz government, including those relating to the university trusteeships outsourced to foundations.
All this could have serious consequences, as the comprehensive reform of the current Hungarian legislation on public interest trusts is both a precondition for the so-called ” super-milestones ” to be met for the payment of the Recovery Fund and a necessary legislative reform to allow universities undergoing model change to access the Erasmus+ and Horizon funds of the traditional seven-year budget.
It will not be enough, therefore, for ministers to withdraw from the foundations which control the universities which have lost their public asset status; they clearly expect more far-reaching and convincing action, as the Commission has already indicated to the cabinet on several occasions. It is clear that Orbán and his colleagues are again playing maverick, trying to make a ‘smart’ deal with the EU, on the familiar Fidesz ‘there’s enough for all” basis. However, this will not wash this time and if the Fidesz government further delays things, it will also miss the deadlines it has set itself, which will put the resources due to our common country in grave danger.
Unfortunately, I can also bring the same bad news in the context of another simultaneous process: the European Commission does not yet see sufficient progress on the so-called ‘rule of law super-milestones’ of the reform of the judicial system, either.
It will not be enough, therefore, for ministers to withdraw from the foundations which control the universities which have lost their public asset status; they clearly expect more far-reaching and convincing action, as the Commission has already indicated to the cabinet on several occasions. Clearly, Orbán and his colleagues are playing games again, trying to work out a ‘smart’ deal with the EU, on the familiar Fidesz ‘give and take’ basis. However, this will not wash this time and if the Fidesz government further delays things, it will also miss the deadlines it has set itself, which will put the resources due to our common country in grave danger.
Unfortunately, I can also bring the same bad news in the context of another simultaneous process: the European Commission does not yet see sufficient progress on the so-called ‘rule of law super-milestones’ of the reform of the judicial system, either.
A deep and comprehensive overhaul of the Hungarian judicial system is one of the most critical conditions, if not the key one, set by the Commission. Indeed, effective reform is not only a precondition for the disbursement of the Recovery Fund to Hungary but also for the drawdown of the entire development aid envelope for Hungary for 2021-2027, i.e. for the transfer of some HUF 8 300 billion. Although the government still has a few weeks left (the final deadline is the end of March and the cabinet is apparently in no hurry, which is inexplicable, as far as I am concerned); Judit Varga and her ministry are working on the judicial reform, for example, under the radar, and obviously not by chance.
In fact, the amendment to be submitted to the National Assembly was posted on the government’s website and professional opinions were expected by the beginning of February, but the traces of the promised broad social and professional consultation are really only visible with a magnifying glass. It is true that some NGOs have been invited to the Ministry for a personal consultation, but the question is to what extent their substantive and credible opinions will be taken seriously and incorporated into the final amendment proposal by Judit Varga. One can sense the government’s attitude to some extent in the fact that, during the consultation, the more sinister half of the government media tried to falsely portray the NGOs concerned as Sorosist-pedophile-protecting organisations.
Yet it makes a big difference what final document the government – including the Minister of Justice and her ministry, which has suffered a severe loss of credibility as a result of the biggest and most complex government corruption scandals in recent times – submits to the Fidesz majority in the National Assembly and then to the European Commission. If they ignore the critical opinion of professional and civil society organisations and (as we have already seen in the case of public foundations) try to cleverly circumvent this ‘super milestone’, we could lose a considerable amount of resources. Hardly any loss of credibility though, since there is very little left of it by now anyway.
The government was expecting civil and professional opinions on the judicial reform until early February, but next to nothing is known about the content of the proposals received during the „public consultation” and how they have been or are being incorporated into the amendment. Perhaps not because these opinions – at least those reported to the public by their author – are highly critical of the document prepared by Judit Varga’s ministry.
They argue that there are some ‘milestones’ that the government is meeting adequately, but there are also a number of areas where the proposal only partially or seemingly meets the Commission’s commitments. They write that much more would be needed to address fundamental problems that have existed for more than a decade, such as the provisions limiting the independence of the Constitutional Court or the freedom of expression of judges, but that there does not yet seem to be any willingness on the part of the government to do so. Clearly put.
The government was expecting civil and professional opinions on the judicial reform until early February, but next to nothing is known about the content of the proposals received during the „public consultation” and how they have been or are being incorporated into the amendment. Perhaps not because these opinions – at least those reported to the public by their author – are highly critical of the document prepared by Judit Varga’s ministry.
They argue that there are some ‘milestones’ that the government is meeting adequately, but there are also a number of areas where the proposal only partially or seemingly meets the Commission’s commitments. They write that much more would be needed to address fundamental problems that have existed for more than a decade, such as the provisions limiting the independence of the Constitutional Court or the freedom of expression of judges, but that there does not yet seem to be any willingness on the part of the government to do so. Clear words.
And if this is the case and the government sticks to its primitive power politics, i.e. it is only willing to agree with the EU in words but is once again making sneaky manoeuvres in deeds, then the whole of Hungary will be driven into a losing gamble. This will not end well for us now. No use for Orbán and the NER elite to expect ‘Brussels’ to turn around at the wall and shake hands with them. Brussels is the wall into which Orbán’s head has already been knocked. I understand that this is not what they expected and that they are still dizzy from the smack on the head and the slap, but it is time to do what needs to be done. The country is not for sale, and the rule of law is no bargain.
dr. István Ujhelyi
Member of the European Parliament
Founder of the Community of Chance (Esély Közösség)
05/03/2023