BETA


2018/0902R(NLE) Existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE DELBOS-CORFIELD Gwendoline (icon: Verts/ALE Verts/ALE) WISELER-LIMA Isabel (icon: EPP EPP), VOLLATH Bettina (icon: S&D S&D), STRUGARIU Ramona (icon: Renew Renew), GARRAUD Jean-Paul (icon: ID ID), WIŚNIEWSKA Jadwiga (icon: ECR ECR), BJÖRK Malin (icon: GUE/NGL GUE/NGL)
Committee Opinion AFCO CIMOSZEWICZ Włodzimierz (icon: S&D S&D) Maite PAGAZAURTUNDÚA (icon: RE RE), Paulo RANGEL (icon: PPE PPE), Nikolaj VILLUMSEN (icon: GUE/NGL GUE/NGL), Daniel FREUND (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
RoP 105-p5

Events

2022/09/15
   EP - Text adopted by Parliament, single reading
Documents
2022/09/15
   EP - Decision by Parliament
Documents
2022/09/14
   EP - Debate in Parliament
2022/07/25
   EP - Committee report tabled for plenary
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the interim report by Gwendoline DELBOS CORFIELD (Greens/EFA, FR) on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded

The European Union (EU) is equipped with a set of tools to defend the common values enshrined in the Article 2 of the Treaty of the European Union (TEU) of human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Among these tools, Article 7 TEU empowers the Council of the EU to determine that there is a clear risk of a serious breach by a Member States of the values referred in Article 2 TEU, based on a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission.

Clear risk of a serious breach of EU values

The European Parliament identified 12 areas where it determines the existence of a clear risk of a serious breach by Hungary of the values referred in Article 2 TEU:

(1) the functioning of the constitutional and electoral system;

(2) the independence of the judiciary and of other institutions and the rights of judges;

(3) corruption and conflicts of interest;

(4) privacy and data protection;

(5) freedom of expression;

(6) academic freedom;

(7) freedom of religion;

(8) freedom of association;

(9) the right to equal treatment;

(10) the rights of persons belonging to minorities, including Roma and Jews, and protection against hateful statements against such minorities;

(11) the fundamental rights of migrants, asylum seekers and refugees;

(12) economic and social rights.

Since the adoption of the report 2017/2132(INL) , the European Commission, international organisations such as the United Nations, Council of Europe and the Organization for Security and Cooperation in Europe (OSCE), as well as academics and civil society organisations, have shed light on worrying developments in these 12 areas.

The European Parliament has also reiterated its concerns regarding the rapid deterioration of the rule of law, democracy and fundamental rights in Hungary on several occasions, for instance in its 10 June 2021 resolution on the Rule of Law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/2092, and later in its resolution of 6 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament.

The committee considers that the facts and trends highlighted across the report represent a systemic threat to the values of Article 2 TEU and constitute a clear risk of a serious breach thereof. It condemned the deliberate and systemic efforts of the Hungarian government to undermine these founding values. It expressed deep concern about the systematic and deliberate attempts of the Hungarian government to undermine the founding values of the Union enshrined in Article 2 TEU, stressing that these trends have worsened considerably since the procedure under Article 7(1) TEU was triggered.

Lack of EU action

Members consider that the Hungarian government is responsible for bringing Hungary back into line with EU law and the values enshrined in Article 2 of the EU Treaty, and regret that the lack of decisive action by the Union has contributed to the breakdown of democracy, the rule of law and fundamental rights in Hungary, turning the country into a hybrid regime of electoral autocracy.

Furthermore, Members deplored the inability of the Council to make meaningful progress in the ongoing Article 7(1) TEU procedure. They also emphasised that there is no need for unanimity in the Council either to identify a clear risk of a serious breach of Union values under Article 7(1), or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations. In this regard, the report stated that any further delay to such action would amount to a breach of the rule of law principle by the Council itself .

Use all available tools and avoid misuse of EU funds

Members called on the Commission to:

- take immediate action under the regulation as regards other breaches of the rule of law, particularly those relating to the independence of the judiciary;

- refrain from approving Hungary’s plan until it has fully complied with all European Semester country-specific recommendations in the field of the rule of law and until it has implemented all of the relevant judgments of the Court of Justice of the EU and the European Court of Human Rights (ECtHR);

- exclude any risks of programmes under cohesion policy contributing to the misuse of EU funds or to breaches of the rule of law;

- apply the Common Provisions Regulation and the Financial Regulation more stringently to tackle any misuse of EU funds for political motives.

This report provides the Council with a clear basis to pursue the Article 7(1) TEU procedure, enter in a dialogue through regular and thorough hearings, and consider addressing recommendations to Hungary.

Documents
2022/07/13
   EP - Vote in committee
2022/06/02
   EP - Amendments tabled in committee
Documents
2022/05/19
   EP - Committee opinion
Documents
2022/04/27
   EP - Committee draft report
Documents
2022/02/10
   EP - CIMOSZEWICZ Włodzimierz (S&D) appointed as rapporteur in AFCO
2021/12/16
   EP - Committee referral announced in Parliament
2021/11/09
   EP - DELBOS-CORFIELD Gwendoline (Verts/ALE) appointed as rapporteur in LIBE

Documents

Activities

Votes

Existence d’un risque clair de violation grave par la Hongrie des valeurs sur lesquelles l’Union est fondée - Existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded - Feststellung der eindeutigen Gefahr einer schwerwiegenden Verletzung der Werte, auf die sich die Union gründet, durch Ungarn - A9-0217/2022 - Gwendoline Delbos-Corfield - Proposition de résolution de remplacement - Am 3 #

2022/09/15 Outcome: -: 459, +: 115, 0: 6
HU PL HR EE MT SK LV SI CY LU CZ LT DK BG EL AT FI IE IT BE NL SE RO PT FR ES DE
Total
17
47
10
6
5
11
6
7
6
6
17
9
11
9
15
17
13
11
47
19
25
19
20
20
71
46
90
icon: ID ID
51

Estonia ID

For (1)

1

Czechia ID

For (1)

Against (1)

2

Denmark ID

For (1)

1
3

Finland ID

1

Netherlands ID

Against (1)

1
icon: ECR ECR
51

Croatia ECR

1

Slovakia ECR

Abstain (1)

1

Greece ECR

1

Sweden ECR

2

Germany ECR

1
icon: NI NI
32

Slovakia NI

2

Latvia NI

Against (1)

1

Lithuania NI

Against (1)

1

Greece NI

1

France NI

For (1)

1

Germany NI

For (1)

3
icon: The Left The Left
33

Cyprus The Left

2

Finland The Left

Against (1)

1

Ireland The Left

3

Belgium The Left

Against (1)

1

Netherlands The Left

Against (1)

1

Sweden The Left

Against (1)

1

Portugal The Left

3
icon: Verts/ALE Verts/ALE
67

Poland Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Czechia Verts/ALE

3

Lithuania Verts/ALE

Against (1)

Abstain (1)

2

Denmark Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

3

Ireland Verts/ALE

2

Italy Verts/ALE

2

Belgium Verts/ALE

2

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

Against (1)

1

Spain Verts/ALE

4
icon: Renew Renew
86

Hungary Renew

Against (1)

1

Poland Renew

1

Croatia Renew

Against (1)

1

Estonia Renew

Against (2)

2

Slovakia Renew

3

Latvia Renew

Against (1)

1

Slovenia Renew

Against (1)

1

Luxembourg Renew

2

Lithuania Renew

Against (1)

1

Bulgaria Renew

2

Greece Renew

Against (1)

1

Austria Renew

Against (1)

1

Finland Renew

3

Ireland Renew

2

Italy Renew

Against (1)

1

Belgium Renew

3

Sweden Renew

3
icon: S&D S&D
124

Hungary S&D

3

Estonia S&D

2

Slovakia S&D

2

Latvia S&D

2

Slovenia S&D

2

Cyprus S&D

2

Luxembourg S&D

Against (1)

1

Czechia S&D

Against (1)

1

Lithuania S&D

2

Bulgaria S&D

2

Greece S&D

Against (1)

1

Finland S&D

2

Belgium S&D

3

Romania S&D

3
icon: PPE PPE
136

Hungary PPE

1

Croatia PPE

2

Estonia PPE

Against (1)

1

Malta PPE

Against (1)

1

Slovakia PPE

3

Latvia PPE

2

Slovenia PPE

Abstain (1)

4

Cyprus PPE

2

Luxembourg PPE

2

Denmark PPE

Against (1)

1

Netherlands PPE

3

A9-0217/2022 - Gwendoline Delbos-Corfield - § 5/2 #

2022/09/15 Outcome: +: 439, -: 130, 0: 19
DE ES FR PT SE NL IT EL AT IE RO FI DK BG BE LT HR LU LV SK CZ EE MT SI CY PL HU
Total
91
47
73
20
19
25
47
17
17
11
20
13
11
9
19
9
10
6
7
11
17
7
5
7
6
47
17
icon: S&D S&D
123

Greece S&D

For (1)

1

Romania S&D

3

Bulgaria S&D

2

Lithuania S&D

2

Luxembourg S&D

For (1)

1

Latvia S&D

2

Slovakia S&D

2

Czechia S&D

For (1)

1

Estonia S&D

2
4

Slovenia S&D

2

Cyprus S&D

2
icon: PPE PPE
139

Netherlands PPE

3

Denmark PPE

For (1)

1

Croatia PPE

2

Luxembourg PPE

2

Latvia PPE

2

Estonia PPE

For (1)

1

Malta PPE

For (1)

1

Slovenia PPE

Against (2)

4
2

Hungary PPE

Against (1)

1
icon: Renew Renew
88
3

Italy Renew

For (1)

1

Greece Renew

1

Austria Renew

For (1)

1

Ireland Renew

2

Finland Renew

3

Bulgaria Renew

2

Lithuania Renew

1

Croatia Renew

For (1)

1

Luxembourg Renew

2

Latvia Renew

For (1)

1

Slovakia Renew

3

Estonia Renew

3

Slovenia Renew

For (1)

1

Poland Renew

1

Hungary Renew

For (1)

1
icon: Verts/ALE Verts/ALE
67

Portugal Verts/ALE

1

Sweden Verts/ALE

3

Netherlands Verts/ALE

3

Italy Verts/ALE

2

Austria Verts/ALE

3

Ireland Verts/ALE

2

Finland Verts/ALE

3

Denmark Verts/ALE

2

Belgium Verts/ALE

2

Lithuania Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1

Czechia Verts/ALE

3

Poland Verts/ALE

For (1)

1
icon: The Left The Left
34

Portugal The Left

4

Sweden The Left

For (1)

1

Netherlands The Left

For (1)

1

Ireland The Left

3

Finland The Left

For (1)

1

Belgium The Left

Abstain (1)

1

Cyprus The Left

Against (1)

Abstain (1)

2
icon: NI NI
35

Germany NI

Against (1)

3

France NI

Against (1)

1

Lithuania NI

1

Croatia NI

2

Latvia NI

For (1)

Against (1)

2

Slovakia NI

2
icon: ECR ECR
51

Germany ECR

Against (1)

1

Sweden ECR

2

Greece ECR

Against (1)

1

Croatia ECR

1

Slovakia ECR

Against (1)

1
icon: ID ID
51

Netherlands ID

Against (1)

1

Austria ID

3

Finland ID

Against (1)

1

Denmark ID

Abstain (1)

1

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1

A9-0217/2022 - Gwendoline Delbos-Corfield - Proposition de résolution (ensemble du texte) #

2022/09/15 Outcome: +: 433, -: 123, 0: 28
DE ES FR PT SE NL BE IT RO EL AT FI DK BG IE LT CZ LV LU MT CY EE SK SI HR PL HU
Total
90
46
73
21
19
25
19
47
20
17
18
12
11
9
11
9
17
7
6
5
6
7
10
7
8
47
17
icon: S&D S&D
124

Romania S&D

3

Greece S&D

For (1)

1

Bulgaria S&D

2

Lithuania S&D

2

Czechia S&D

For (1)

1

Latvia S&D

2

Luxembourg S&D

For (1)

1

Cyprus S&D

2

Estonia S&D

2

Slovakia S&D

Abstain (1)

1

Slovenia S&D

2
icon: PPE PPE
135

Netherlands PPE

3

Denmark PPE

For (1)

1

Latvia PPE

2

Luxembourg PPE

2

Malta PPE

For (1)

1
2

Estonia PPE

For (1)

1

Slovenia PPE

For (1)

Against (2)

Abstain (1)

4

Hungary PPE

Against (1)

1
icon: Renew Renew
88
3

Italy Renew

For (1)

1

Greece Renew

1

Austria Renew

For (1)

1

Finland Renew

3

Bulgaria Renew

2

Ireland Renew

2

Lithuania Renew

1

Latvia Renew

For (1)

1

Luxembourg Renew

2

Estonia Renew

3

Slovakia Renew

3

Slovenia Renew

For (1)

1

Croatia Renew

For (1)

1

Poland Renew

1

Hungary Renew

For (1)

1
icon: Verts/ALE Verts/ALE
66

Portugal Verts/ALE

1

Sweden Verts/ALE

3

Netherlands Verts/ALE

3

Belgium Verts/ALE

2

Italy Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

2

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Lithuania Verts/ALE

2

Czechia Verts/ALE

3

Luxembourg Verts/ALE

For (1)

1

Poland Verts/ALE

For (1)

1
icon: The Left The Left
34

Portugal The Left

4

Sweden The Left

For (1)

1

Netherlands The Left

For (1)

1

Belgium The Left

For (1)

1

Finland The Left

For (1)

1

Ireland The Left

For (1)

Abstain (2)

3

Cyprus The Left

Abstain (1)

2
icon: NI NI
35

Germany NI

Against (1)

3

France NI

Against (1)

1

Lithuania NI

1

Latvia NI

For (1)

Abstain (1)

2

Slovakia NI

2

Croatia NI

2
icon: ECR ECR
51

Germany ECR

Against (1)

1

Sweden ECR

2

Netherlands ECR

Abstain (1)

5

Greece ECR

Against (1)

1
4

Slovakia ECR

Abstain (1)

1

Croatia ECR

Against (1)

1
icon: ID ID
51

Netherlands ID

Against (1)

1

Austria ID

3

Finland ID

Against (1)

1

Denmark ID

Abstain (1)

1

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1
AmendmentsDossier
276 2018/0902R(NLE)
2022/04/12 AFCO 46 amendments...
source: 729.938
2022/06/01 LIBE 230 amendments...
source: 732.600

History

(these mark the time of scraping, not the official date of the change)

docs/3
date
2022-09-15T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0324_EN.html title: T9-0324/2022
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2022-09-15T00:00:00
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forecasts
  • date: 2022-09-15T00:00:00 title: Vote in plenary scheduled
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committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
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False
rapporteur
name: DELBOS-CORFIELD Gwendoline date: 2021-11-09T00:00:00 group: Group of the Greens/European Free Alliance abbr: Verts/ALE
shadows
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type
Responsible Committee
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committee_full
Civil Liberties, Justice and Home Affairs
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name: DELBOS-CORFIELD Gwendoline date: 2021-11-09T00:00:00 group: Group of the Greens/European Free Alliance abbr: Verts/ALE
shadows
docs/3
date
2022-07-25T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2022-0217_EN.html title: A9-0217/2022
type
Committee report tabled for plenary, single reading
body
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events/2/summary
  • The Committee on Civil Liberties, Justice and Home Affairs adopted the interim report by Gwendoline DELBOS CORFIELD (Greens/EFA, FR) on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded
  • The European Union (EU) is equipped with a set of tools to defend the common values enshrined in the Article 2 of the Treaty of the European Union (TEU) of human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Among these tools, Article 7 TEU empowers the Council of the EU to determine that there is a clear risk of a serious breach by a Member States of the values referred in Article 2 TEU, based on a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission.
  • Clear risk of a serious breach of EU values
  • The European Parliament identified 12 areas where it determines the existence of a clear risk of a serious breach by Hungary of the values referred in Article 2 TEU:
  • (1) the functioning of the constitutional and electoral system;
  • (2) the independence of the judiciary and of other institutions and the rights of judges;
  • (3) corruption and conflicts of interest;
  • (4) privacy and data protection;
  • (5) freedom of expression;
  • (6) academic freedom;
  • (7) freedom of religion;
  • (8) freedom of association;
  • (9) the right to equal treatment;
  • (10) the rights of persons belonging to minorities, including Roma and Jews, and protection against hateful statements against such minorities;
  • (11) the fundamental rights of migrants, asylum seekers and refugees;
  • (12) economic and social rights.
  • Since the adoption of the report 2017/2132(INL) , the European Commission, international organisations such as the United Nations, Council of Europe and the Organization for Security and Cooperation in Europe (OSCE), as well as academics and civil society organisations, have shed light on worrying developments in these 12 areas.
  • The European Parliament has also reiterated its concerns regarding the rapid deterioration of the rule of law, democracy and fundamental rights in Hungary on several occasions, for instance in its 10 June 2021 resolution on the Rule of Law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/2092, and later in its resolution of 6 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament.
  • The committee considers that the facts and trends highlighted across the report represent a systemic threat to the values of Article 2 TEU and constitute a clear risk of a serious breach thereof. It condemned the deliberate and systemic efforts of the Hungarian government to undermine these founding values. It expressed deep concern about the systematic and deliberate attempts of the Hungarian government to undermine the founding values of the Union enshrined in Article 2 TEU, stressing that these trends have worsened considerably since the procedure under Article 7(1) TEU was triggered.
  • Lack of EU action
  • Members consider that the Hungarian government is responsible for bringing Hungary back into line with EU law and the values enshrined in Article 2 of the EU Treaty, and regret that the lack of decisive action by the Union has contributed to the breakdown of democracy, the rule of law and fundamental rights in Hungary, turning the country into a hybrid regime of electoral autocracy.
  • Furthermore, Members deplored the inability of the Council to make meaningful progress in the ongoing Article 7(1) TEU procedure. They also emphasised that there is no need for unanimity in the Council either to identify a clear risk of a serious breach of Union values under Article 7(1), or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations. In this regard, the report stated that any further delay to such action would amount to a breach of the rule of law principle by the Council itself .
  • Use all available tools and avoid misuse of EU funds
  • Members called on the Commission to:
  • - take immediate action under the regulation as regards other breaches of the rule of law, particularly those relating to the independence of the judiciary;
  • - refrain from approving Hungary’s plan until it has fully complied with all European Semester country-specific recommendations in the field of the rule of law and until it has implemented all of the relevant judgments of the Court of Justice of the EU and the European Court of Human Rights (ECtHR);
  • - exclude any risks of programmes under cohesion policy contributing to the misuse of EU funds or to breaches of the rule of law;
  • - apply the Common Provisions Regulation and the Financial Regulation more stringently to tackle any misuse of EU funds for political motives.
  • This report provides the Council with a clear basis to pursue the Article 7(1) TEU procedure, enter in a dialogue through regular and thorough hearings, and consider addressing recommendations to Hungary.
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EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
rapporteur
name: DELBOS-CORFIELD Gwendoline date: 2021-11-09T00:00:00 group: Group of the Greens/European Free Alliance abbr: Verts/ALE
shadows
committees/0/shadows
  • name: WISELER-LIMA Isabel group: Group of European People's Party abbr: EPP
  • name: VOLLATH Bettina group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
  • name: STRUGARIU Ramona group: Renew Europe group abbr: Renew
  • name: BAY Nicolas group: Identity and Democracy abbr: ID
  • name: WIŚNIEWSKA Jadwiga group: European Conservatives and Reformists Group abbr: ECR
  • name: BJÖRK Malin group: The Left group in the European Parliament - GUE/NGL abbr: GUE/NGL
committees/1/rapporteur
  • name: CIMOSZEWICZ Włodzimierz date: 2022-02-10T00:00:00 group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
commission
  • body: EC dg: Justice and Consumers commissioner: REYNDERS Didier
events
  • date: 2021-12-16T00:00:00 type: Committee referral announced in Parliament body: EP
procedure/dossier_of_the_committee
  • LIBE/9/07938
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
committees/0/rapporteur
  • name: DELBOS-CORFIELD Gwendoline date: 2021-11-09T00:00:00 group: Group of the Greens/European Free Alliance abbr: Verts/ALE