Selected rule of law developments and recommendations ahead of the Article 7(1) hearing

On 23 May 2022, the Council will hold its fourth hearing in the procedure initiated under Article 7(1) TEU in relation to Hungary in 2018, with the aim to determine whether there is a clear risk of a serious breach by Hungary of the values referred to in Article 2 TEU.

Ahead of the hearing, we compiled a list of selected developments related to the deterioration of rule of law, democracy and fundamental rights in Hungary, along with proposed recommendations to start remedying these problems. The briefing paper focuses on concerns that emerged since the last Article 7(1) hearing in the Council in June 2021 in the areas falling under the HHC’s mandate, and so covers the following issues:

1. The Government’s excessive regulatory powers and the proposed 10th Amendment to the Fundamental Law
2. Challenges to the primacy of EU law
3. Continued attacks against the independence of the judiciary
4. Elections and referendum marred by the absence of a level playing field
5. Violating the rights of civil society organisations
6. Non-compliance with EU law concerning access to international protection

The briefing paper is available here:

Hungary: Continued Backsliding on Democracy and Rule of Law – Selected Developments and Recommendations for the Council Hearing on 23 May under Article 7(1) TEU