Brussels punches back at Viktor Orbán

Budapest faces legal action over its education reforms, but the Hungarian leader calls the EU move 'absurd.'

Hungary's Prime Minister Viktor Orbán | Emmanuel Dunand/AFP via Getty Images | Emmanuel Dunand/AFP via Getty Images

The European Commission attacked Hungary on multiple fronts Wednesday, including the threat of legal action over an education bill that targets the Central European University.

The Commission’s decision ratcheted up the pressure on Hungarian Prime Minister Viktor Orbán ahead of his appearance later Wednesday at the European Parliament alongside the man who wants to take him to the European Court of Justice, Commission First Vice President Frans Timmermans.

Hungary now has one month to argue that its education bill does comply with EU law, or face a fast-tracked court case, a Commission source said.

The Commission pulled no punches when it announced its moves against Budapest, which has been besieged by criticism over an education law widely considered an effort to force the closure of Central European University, founded by the billionaire Hungarian-American financier George Soros.

Budapest was in breach of EU laws that guarantee “freedom to provide services and the freedom of establishment,” the Commission said. Additionally, it is failing to uphold “the right of academic freedom, the right to education and the freedom to conduct a business” and is also breaking the EU’s legal obligations under international trade law.

However, the Commission chose targeted legal action rather than broader sanctions, the so-called Article 7 procedure which is regarded as the Commission’s nuclear option. It also left untouched around €6 billion in EU funding that Hungary receives each year.

Orbán vehemently rejected the accusations leveled at him by Brussels and by CEU President Michael Ignatieff in his speech to the Parliament in Brussels, and reaffirmed his commitment to the EU.

The Hungarian leader called the university debate “absurd” and compared the accusations to “being convicted of murder while the victim is alive and kicking.” Hungary merely wants to ensure there is “a level playing field” between foreign and local universities, he said.

That didn’t go down well with MEPs. Gianni Pittella, leader of the Socialist bloc in the Parliament, accused Orbán of lying about his motives for education reform.

“He is betraying his own people,” Pittella said. “After he strangled the independence of the media, now Orbán is trying to silence an outstanding symbol of the freedom of thought and expression: the Central European University.”

Noisy neighbors

Wednesday’s legal action highlights the bind the EU finds itself in regarding unruly members.

Before a country joins the EU it is subject to strict vetting to make sure its legal system and economic rules meet European standards. The EU holds both the carrot and the stick: the ability to accept or reject a country’s membership application.

But once in the EU club, it’s a lot harder for Brussels to enforce the rules. At any given moment the Commission has more than 700 court cases in play against its own members.

Until now, Europe’s largest political group, the European People’s Party — of which Orbán and his Fidesz party are members — has closed ranks whenever Hungary has flouted European norms.

With Hungary’s targeting of Central European University, the political tide has started to turn.

Manfred Weber, the EPP’s leader in the European Parliament, is the most high-profile conservative to break ranks, urging that EU law be applied without fear or favor.

Other MEPs have called for Fidesz’s expulsion from the EPP, and national leaders within the EPP family will address the problem at their meeting before the EU27’s Brexit summit on April 29.

Frans Timmermans, the Socialist European commissioner who must manage the Hungary legal case, will find himself under fire no matter how he proceeds.

Any leniency or punishment meted out to Hungary will be closely watched by other governments under fire from the EU, and private organizations under attack by national governments.

That includes EU members such as Poland, whose government has been warned about violating European norms, and non-members such as Turkey, which complains of double standards by the EU regarding its respect for fundamental rights.

In raw numbers, Hungary is far from the worst performer regarding compliance with EU law. There are just 23 open court cases between Budapest and the EU, compared to 55 against Germany. The problem for the EU is that each open case against Hungary takes an average of 22 months to resolve and Hungary’s new education law threatens to shutter the Central European University at the beginning of 2018 — in a little over eight months.

The Commission’s decision to start legal action may also feed into Viktor Orbán’s playbook.

Any leniency or punishment meted out to Hungary will be closely watched by other governments under fire from the EU, and private organizations under attack by national governments.

The Hungarian leader often defines himself by what he is against, and makes Brussels a prime target.

His government launched a consultation with the slogan “Let’s stop Brussels!” and rails against a range of EU refugee and tax policies — even though they were agreed by Orbán himself at EU summits.

Orbán embraced criticism of the consultation in his Parliament speech, claiming such dialogue with citizens was valuable because it can bring “fresh, critical and innovative thinking” to the EU.

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