Yesterday I dealt with the exchange of letters between Jean-Claude Junker and Viktor Orbán concerning Orbán’s demand for EU reimbursement of half the cost of the fence the Hungarian government erected along the Serbian-Hungarian border. The Hungarian demand raised eyebrows in Europe and elsewhere, so Hungary was again in the international news.
The other reason for the preoccupation of the international media with Hungary was the long-awaited verdict of the European Court of Justice on the legality of the EU decision on the relocation of 120,000 asylum seekers. Slovakia and Hungary claimed that the decision-making process was illegal. Two days ago, on September 6, the Union’s top court dismissed the complaints of the two countries, dealing a blow to Viktor Orbán.
Slovak Prime Minister Robert Fico immediately reacted to the verdict, saying that “we fully respect the verdict of the European Court of Justice,” adding, however, that his government’s view on the relocation plan “has not changed at all.” Viktor Orbán, on the other hand, remained silent. In his place, Péter Szijjártó, minister of foreign affairs and trade, and László Trócsányi, minister of justice, gave a joint press conference, where the foreign minister vented. He called the ruling “outrageous and irresponsible.” In his opinion, the verdict endangers the security and future of Europe and is contrary to the interest of the countries of the Union, including Hungary. “Politics raped the European law and European values,” he claimed. He announced that “the real battle begins only now,” and he promised that the Hungarian government “will use all the remedies available at its disposal” to prevent similar central decision-making for Hungary.
Trócsányi was no less belligerent when he announced that the Hungarian government will start a new legal debate. Since he liked the phrase “the real battle begins only now,” he repeated it. He didn’t go so far as to accuse his fellow judges of acting politically, but he charged that they were preoccupied with the case’s formal aspects and neglected its contextual qualities. The case was thrown out in its entirety, but Trócsányi still praised the excellent legal work of his team. The legal arguments presented to the court were outstanding, and therefore he was quite surprised by the outcome. Trócsányi also indicated that Hungary will not have to take the 1,294 migrants because the case was only about the legality of the decision-making process.
In brief, it looked as if the Orbán government was prepared to go against the ruling and suffer the consequences. A day later, on September 7, this impression was reinforced by János Lázár at his regular “government info” press conference where he interpreted the decision of the European Court of Justice as an opportunity for the European Commission to allow “Brussels” to meddle in Hungary’s internal affairs. “We will use every legal instrument to preserve the independence of the country.” Zoltán Balog, minister of human resources, also chimed in and, in an interview with Deutschlandfunk, repeated Szijjártó’s accusation of a politically motivated and irresponsible decision on the part of the European Court of Justice. Everybody suspected, including naturally Viktor Orbán, that Slovakia and Hungary would lose the case, and therefore the word probably came down from above some time ago about what the proper reaction to the verdict should be.
After two days of criticism of the court and its verdict, Viktor Orbán came out with an entirely different approach to the question. In his Friday morning “interview” on Magyar Rádió he said: “Hungary is a member of the European Union. The affairs of the Union, its internal power relations are settled by the Treaty, so contracts have to be respected. Consequently, one must take cognizance of the verdicts of the courts. Hungarian is a sophisticated, refined language and therefore it does matter with what kind of word we react to a verdict, especially when we are functioning in a hostile Europe. I decided to use the word “tudomásul venni” which I took over from Slovak Prime Minister Fico.” Unfortunately, I don’t know what Slovak word Fico used when talking about his reaction to the verdict. English translations of Fico’s press conference use the verb “to respect” which, unfortunately, is not the equivalent of “tudomásul venni,” which might be better translated as “to take cognizance of.” However, I’m sure that some readers of Hungarian Spectrum will provide us with the the Slovak word that Fico used as well as with the best translation of the Slovak equivalent of “tudomásul venni.” Then we will be able to see whether Orbán and Fico are talking about the same thing or not.
Orbán’s interview was long, during the course of which he said many uncomplimentary things about the European Union, but at the end he came up with some startling statements. The interviewer reminded him that the politicians of the European Union consider the Polish refusal to abide by a court verdict as preparation for the country’s exit from the Union. If Orbán keeps talking about his “fight,” this communication may lead to the interpretation that Hungary is also planning to leave the Union behind. Here is Orbán’s answer: “Communication is interesting and in politics is often important, but it does not replace reality…. Hungarian reality is that the Hungarian people decided after a referendum to join the European Union. That decision was a correct one. No political decision can overwrite that decision. A popular referendum was held, and therefore no government action can reverse that determination. It was the Hungarian people’s choice, and that’s right and well.”
Although Szijjártó, who is in Tallin at the moment, expressed his trust in the unity of the Visegrád Four, there are signs that Slovakia and the Czech Republic are not ready to sacrifice themselves for Poland and Hungary. The weak link, I believe, is Slovakia. I heard an interview with Pál Csáky, a Slovak member of the European Parliament, who surprised me to no end with his condemnation of the Orbán government’s attitude toward the European Union. The reason for my surprise was that Csáky was Fidesz’s favorite among Hungarian ethnic politicians in Slovakia back in 2010. Lots of money was poured into Csáky’s party, the Magyar Koalíció Pártja (MKP), against Béla Bugár of Híd/Most. Despite the funding, MKP didn’t even manage to get enough votes to become a parliamentary party. Csáky at this point resigned. Today he made it clear that Slovakia will not follow Orbán’s suicidal strategy. Slovakia is all for the European Union.
There is another reason that Orbán may have changed his mind. The spokesman of the European People’s Party delivered a message to Viktor Orbán: don’t go against the ruling of the court because this verdict gives an opportunity to heal the wounds caused by the recent conflict between the member states. “The unanimous opinion of the party is that Slovakia and Hungary comply with the rules.”
Otherwise, Jean-Claude Juncker is ready to have a chat with Viktor Orbán, but his spokesman reminded his audience as well as Viktor Orbán that the position of the European Commission is explained in Juncker’s letter to Orbán. It is available for everybody to read and, in any case, the Commission is not in habit of verbal ping pong. Given Juncker’s firmness as expressed in his letter, I would not advise Orbán to continue to press his case.