The following meeting of the European Union Council, on 27 May, can discuss the problem of imposing certificates of extreme punishment on Hungary – deprivation of the right to vote in the EU Council.
At issue is whether Article 7 of the Treaty on European Union, which authorizes suspension of certain rights of a member state, such as voting in the Council, can be applied if it is found that the country continually disregards fundamental EU values – e.g., the rule of law, human rights and democracy.
The Article 7 procedure initiated against Hungary in 2018 is already one of the longest to run in EU history. It was opened on grounds of restricting freedom of expression and undermining judicial independence and academic freedoms. Seven hearings ensued since then, but since 2020 the discussion has de facto been frozen – until recently.
The deepening of the crisis is coordinated with the sudden deterioration of the political atmosphere between Budapest and the rest of the EU. The government of Viktor Orbán has repeatedly stood in the way of or threatened to stand in the way of essential foreign policy initiatives of the Union, for example, sanctions packages regarding Russia and steps to support Ukraine. This is causing growing irritation among other member states, who see Hungarian actions as discrediting European foreign policy cohesion.
Already as early as in 2024, European diplomats began to talk openly about the reinstatement of Article 7 as a means of exerting pressure on Budapest. The application of this measure entails an agreement by all 26 remaining EU states, making it politically extremely difficult but not impossible.
It is noteworthy that Article 7 has been applied not just to Hungary. A similar procedure was launched against Poland back in 2017 over a controversial judicial reform that, according to the European Commission, undermined the independence of the judiciary and the rule of law. In 2024, however, the procedure against Poland was officially closed with the government change and the restoration of more democratic standards.
