EU violations
January 17, 2012
The European Commission reserves the right in accordance with the Lisbon Treaty (Article 258 of the Treaty on the Functioning of the European Union) to file a legal complaint against any EU member state.
Brussels must be convinced that the state in question has violated EU laws, for instance if that state refuses to implement a law passed by the EU or implements it in a way that violates the Lisbon Treaty.
Chance for revision
Normally, if the Commission decides to pursue its complaint, a preliminary proceeding must first take place - during which the state in question is given the chance to remedy its violation. Brussels first informs the state in writing about the impending complaint, followed by an official explanation of the violation that answers the following question: In what way has this state contravened which European law?
The state must be given the opportunity to explain itself: Upon conclusion of this preliminary proceeding, or after the state has been given ample time to respond, and fails to do so, the Commission then has the right to file its complaint in Luxembourg at the European Court of Justice (ECJ).
Individual member states, too, have the ability to file complaints in Luxembourg. Before they do so, however, they must ask the Commission to provide written comment on the affair.
Penalties
If the ECJ finds the state guilty, the judges have to explain in their ruling what the state must do in order to correct its violation. If the state refuses to act on what the court outlined, then the Commission is asked to alert the court to this and also to recommend a fine. The court must then decide whether such a fine is appropriate.
Between 1952 and 2010, the ECJ dealt with more than 3,500 complaints regarding violations of EU law. With some 600 cases, Italy has had the most appearances before the court, and France and Spain are second with around 400 cases.
Hungary, on the other hand, admittedly a young member state, has only had nine complaints of violation, making it one of the most conforming members of the EU.
Violation of EU principles
Brussels objects to a number of law amendments recently implemented in Hungary. One of these, in the eyes of the Commission, could endanger the independence of the Hungarian Central Bank.
In addition, Brussels is skeptical of an amendment proposal that is to lower the retirement age in Hungary from 70 to 62. Another proposal looks set to limit the independence of Hungarian data protection agencies.
Following a first check of the legality of the amendments, Brussels has referred in its complaint to violations of the EU's guiding principles, i.e. those laid out in Article 2 of the Lisbon Treaty: rule of law, freedom of the press, basic rights and the principle of democracy.
The Commission is expected to announce whether or not it plans file a complaint against Hungary this Tuesday; if Brussels does indeed file its complaint, it is also expected to name which particular parts of the constitution it believes Budapest has violated.
The announcement that Hungary - which is currently crippled by debt - will not be given any loans until these legal issues are cleared up has nothing to do with the actual proceedings; the two matters have simply coincided.
With regard to the issue of constitutional violations, however, Hungary's financial problems could play a role in persuading Prime Minister Viktor Orban to agree to Brussel's suggestions.
Author: Daphne Grathwohl / glb
Editor: Joanna Impey