Tag Archives: unlawful state aid investigation

Full-court press against the Orbán government

Foreign Minister Péter Szijjártó compared the European Union to an old gent with halting steps, but lately the old man has quickened his stride. At least as far as Brussels’ relation with Hungary is concerned. Patience seems to have run out with Hungary’s maverick prime minister, Viktor Orbán. One after the other, officials of the EU and the Council of Europe have called on the Hungarian government to explain its past unlawful or at least legally questionable moves.

First came, on November 19, the official announcement that “the European Commission decided to launch an infringement procedure against Hungary concerning the implementation of the Paks II nuclear power plant project.” The reaction of the Hungarian government was predictable. János Lázár, instead of talking about the actual case–the lack of an open tender, which is an EU requirement–talked about the EU allegedly prohibiting Hungary from signing bilateral commercial agreements with so-called third countries. For details see my post titled “Infringement procedure against Hungary on account of the Paks nuclear power plant.” Hungary has two months to give a satisfactory answer. If the answer is not satisfactory, the case will go to the European Court of Justice.

Four days later, on November 23, it was announced that “the European Commission has opened an in-depth state aid investigation into Hungary’s plans to provide financing for the construction of two new nuclear reactors in Paks.” The question is “whether a private investor would have financed the project on similar terms or whether Hungary’s investment constitutes state aid.” Margrethe Vestager, commissioner in charge of competition policy, and her staff think that “this investment may not be on market terms, as Hungary argues.”

Two days after the announcement of the second in-depth investigation, on November 25, Chancellor Angela Merkel delivered a speech in the Bundestag in which she talked about solidarity as “the acid test” for the maintenance of the borderless Schengen area. She stressed that “a distribution of refugees according to economic strength and other conditions … and the readiness for a permanent distribution mechanism … will determine whether the Schengen area will hold in the long term.” The speech was interpreted as a sharp warning aimed at the new EU members. Hungary’s immediate reaction was that Hungary couldn’t possibly take any refugees because its economic situation wouldn’t allow such generosity. The government spokesman talked about 15,000 possible “migrants,” who in time would bring other family members. Within a few years Hungary would be stranded with close to 200,000 Syrians, Iraqis, and Afghans.

On November 27 Nils Muižnieks, Council of Europe Commissioner for Human Rights, after spending three days in Hungary, issued a statement about Hungary’s response to the current refugee crisis and came to the conclusion that “Hungary has not lived up to this challenge.” He complained about the “accelerated asylum procedure lacking essential safeguards.” Under this new procedure “asylum-seekers have seen their claim processed in less than a day and sent back to Serbia directly from the Röszke transit zone.” Muižnieks also noted that the crisis measures Hungary introduced are still in effect although hardly any refugees are in Hungary. After detailing all the reproachable and outright illegal pieces of legislation and practices, he called on the Hungarian government “to refrain from using xenophobic rhetoric linking migrants to social problems or security risks.”

By that time Szijjártó became convinced that “a mysterious conspiracy is unfolding against Hungary.” According to the foreign minister, “it is evident that some people would like see an opaque and confused situation in Hungary.”

On the very same day it was reported that the European Commission had given the green light to a citizens’ initiative launched by the European Humanist Federation (EHF) to strip Hungary of its voting rights in the European Union. What is a citizens’ initiative? According to the official explanation, “a European citizen’s initiative is an invitation to the European Commission to propose legislation on matters where the EU has competence to legislate. A citizens’ initiative has to be backed by at least one million EU citizens, coming from at least 7 out of the 28 member states. A minimum number of signatories is required in each of those 7 member states.” A list of these minimum numbers can be found online. In Hungary’s case only 15,750 valid signatures are needed.

Call of the European Humanist Federation for a citizens' initiative on their website

Call of the European Humanist Federation for a citizens’ initiative

The European Humanist Federation launched its initiative called “Wake up Europe!” on October 2. Its official website outlines the reasons for the initiative. Nine individuals from eight countries charge Viktor Orbán’s government with “anti-democratic and xenophobic measures that openly violate the basic principles of the rule of law.” In response, “a committee of EU citizens has launched an ECI to call on the European Commission to trigger Article 7 of TEU and bring the Hungarian issue to the Council.”

The Commission approved this citizens’ initiative on a day when Tibor Navracsics, the commissioner representing Hungary, happened to be away. Navracsics “in a strongly-worded letter criticized the decision to hold the meeting in his absence as well as the substance of the initiative.” He claimed that this was “a sensitive political issue” which could result in consequences reaching “far beyond the aim of the initiative.” Szijjártó considered the acceptance of the citizens’ initiative by the Commission to be a case of “revenge by Brussels” for “the successful migration policy of Hungary.”

The most fanciful explanation for the launch of the citizens’ initiative in the first place came from Magyar Idők. The editorial board of this pro-government paper is convinced that, once again, it is George Soros who is behind this attack on Hungary and Viktor Orbán. The explanation, according to Magyar Idők, is simple. Since the European Humanist Federation’s affiliated partners all share Soros’s concept of an Open Society, the EHF must be a front organization for Soros. Moreover, since the Commission accepted the EHF’s citizens’ initiative, “IN ADDITION TO THE CIVIC GROUPS THE EU COMMISSIONERS ARE ALSO IN SOROS’S POCKET.” Yes, in boldface caps. Magyar Idők accuses the commissioners of purposely picking a date when Navracsics would not be present.

Yes, it seems that the whole world is against the poor, innocent Orbán government. But pulling the strings is one man who has the power to move twenty-seven commissioners and their staff to make a concerted attack not just against Hungary but against the very idea of the “nation state.” I don’t know how effective such simple-minded explanations are, but I guess they might resonate with some people, especially since Soros’s name is associated with Jewishness and financial speculation, notions that are anathema to the far right.

Well, George Soros may not be pulling the strings in Brussels, but Viktor Orbán definitely is in Budapest. And through his mouthpieces he’s sounding more and more like Jobbik (and as a result is siphoning off Jobbik supporters).