Commission raises concerns about Hungary’s constitution

Fears that independence of judges and central bank could be affected.

The European Commission said today it has raised concerns with the Hungarian government over whether changes to its constitution comply with EU law.

Olivier Bailly, a Commission spokesman, said that the Commission was currently studying 30 laws which were adopted as part of the revised constitution at the end of last year by the Hungarian parliament. The constitution came into force on 1 January.

He said that Viviane Reding, the European commissioner for justice, fundamental rights and citizenship, had written to Hungarian ministers on 12 December “spelling out her doubts” over the laws.

Bailly said Reding had particular concerns over whether the laws guaranteed the independence of national judges and the national supervisor on data protection.

He added that Olli Rehn, the European commissioner for economic and monetary affairs, had also raised concerns as to whether a new law on Hungary’s national bank curbed its independence.

Bailly said that, under the EU treaties, national central banks “must be independent”.

Hungary’s parliament on Friday (30 December) passed a law limiting the independence of the central bank as part of the constitutional changes. Viktor Orbán, Hungary’s prime minister, rejected an appeal by José Manuel Barroso, the Commission president, and Rehn not to pass the law in December.

“Mr. Orbán and the president have exchanged many letters during the Christmas holidays and last week, and the Commission president stressed that this principle of independence for the central bank must be safeguarded,” said Bailly.

He said that as a result of the law not being changed, the Commission and the International Monetary Fund (IMF) had broken off preliminary negotiations on a bail-out for the country last week.

He added that the Commission and the IMF “have not decided yet” to re-start those talks. Hungarian authorities have requested an informal meeting at the IMF in Washington on 11 January, but Bailly said it was still unclear whether the Commission would attend.

The spokesman said the Commission was studying translations of the laws it had received from Hungarian authorities on Tuesday (3 January).

He said the Commission was also watching closely whether Hungary’s media law respected EU rules on media freedoms.

The Commission challenged Hungary last January over the media law. It won concessions from Hungary’s government to ensure the law was in line with EU rules. The Commission had expressed “serious doubts” that the contentious law complied with the EU’s audiovisual media services directive or with press freedom provisions under the EU’s Charter of Fundamental Rights.