Totalitarian Power-Wielding in Brussels Spreads Like a Disease

According to constitutional lawyer Zoltan Lomnici Jr, opposition MEPs working on revoking Hungary's right to vote and even bragging about it, are not only betraying their country, but are also signaling to their own voters that their base political goals take precedence over the prosperity of the country.

Belgium, Brussels, 10 January 2024. Entrance of the Berlaymont, the European Commision building on Rond Point Schuman. Photograph by Sophie HUGON / Hans Lucas. Belgique, Bruxelles, 10 janvier 2024. Entree du batiment Berlaymont, le batiment de la Commission europeenne, sur le Rond Point Schuman. Photographie par Sophie HUGON / Hans Lucas. (Photo by Sophie Hugon / Hans Lucas / Hans Lucas via AFP) Fotó: Hans Lucas via AFP

"In Brussels, the various forms of exercising totalitarian power are spreading like cholera did in the middle ages. Even the European Commission, which can hardly be accused of leaning to the right, established that Hungary has met the conditions set by Brussels for receiving the EU funds in question. Thus, from this point, it is a political issue, and the sword of Justitia is being employed as a tool of political witch-hunt by bureaucrats in Brussels, who see Hungary as an enemy," constitutional lawyer Zoltan Lomniczi told Magyar Nemzet, commenting on the European Parliament's decision to take the European Commission to court over unblocking funds for Hungary.

Hungary has implemented the reforms needed to address the concerns - which were exaggerated at the very least - raised by Brussels about judicial independence. The European Commission considered that the condition of eligibility under the EU Charter of Fundamental Rights was fulfilled,

the expert pointed out.

He highlighted that these reforms included the strengthening of  the role and powers of the National Judicial Council; ensuring a more transparent administration of the courts; reforming the functioning of the Kuria (Supreme Court) by reducing the risk of alleged political influence; removing the possibility for public authorities to challenge final judicial decisions before the Constitutional Court; removing the possibility for the Kuria to review the lawfulness of questions that judges intend to refer to the European Court of Justice.

"As a result, the freezing of the part of the Cohesion Funds in question has become ungrounded, and Hungary can access the 10.2 billion euros it is entitled to. The left-wing majority in the European Parliament refuses to accept this move, making it even more evident that the withdrawal of the funds Hungary is entitled to is not based on objective legal criteria, but solely on political grounds, the expert added.

What is happening right in front of our eyes is absolute legal nonsense. Citing a rule-of-law deficit, Brussels would deny Hungary the resources it is entitled to while it is Brussels that is trampling legal certainty with its actions, which is one of the defining, immanent criteria of the rule of law. But even this is not enough. The European Parliament would sue the European Commission in the European Court of Justice for breaching its obligation to protect taxpayers' money from abuse. In January 2024, the MEPs of the liberal majority in the European Parliament threatened to file a lawsuit or a motion of no confidence against the European Commission if Hungary receives the EU funds it is otherwise entitled to,

Zoltan Lomniczi explained.

On Thursday this week, parliamentary political group leaders will meet at the Conference of Presidents to give the final green light to EP President Roberta Metsola to take the European Commission to court ahead of the March 25 deadline. Together with the leaders of the Progressive Alliance of Socialists and Democrats (S&D), the Greens, the Left and the liberals (Renew), Manfred Weber (EPP) will also vote in favor of the move, officials told Playbook, the constitutional lawyer said, adding:

The European Court of Justice will not be in an easy position after receiving such a claim, as the universal credibility of the entire institution is at stake if it yields to and allows such a deranged political attack. 

Polish Prime Minister Donald Tusk and EU Commission President Ursula von der Leyen. Photo by MTI/EPA-PAP/Leszek Szymanski

On the European Commission releasing EU funds to Poland, who, in contrast to Hungary, did nothing to achieve it, the expert said that

following the autumn elections in Poland, scenes reminiscent of the Great October Socialist Revolution played out: a law at the top of the legal hierarchy was amended by a parliamentary resolution that did not even qualify as legislation, and conservative politicians who had been granted presidential pardons were arrested in the Presidential Palace. The change of government in Poland was characterized by a lot of things except by the rule of law and democratic means. Nevertheless, on February 23, 2024, EC President Ursula von der Leyen announced that she would release up to €137 billion in aid for Poland from the Recovery and the Cohesion Funds. 

He added that Brussels is therefore distributing on a political basis EU funds that are legally due, and are now subject to new conditions (also of a legal nature) that they established. Although there has been no real progress on the rule of law in Poland since the autumn, with the left-wing turn and the formation of a liberal government under Donald Tusk, they can access huge amounts of EU funds. By contrast, the Hungarian government and Parliament have made tangible changes, yet the EU does not want to pay us a much smaller amount than the Poles received.

On the possibility that the Hungarian Left and the leftist-liberal MEPs would also revoke Hungary's voting rights within the Bloc, Mr. Lomnici explained:

The Brussels bureaucrats in the grip of the Open Society Foundations and the globalist Left, together with the liberal MEPs from Hungary are sinking ever lower and further away from the rule of law they hold so dear on a rhetorical level.

Momentum MEP Katalin Cseh speaks in Budapest on February 24, 2024. Photo by MTI/Zoltan Mathe

Since 1979, MEPs have been elected by direct universal suffrage for a five-year term. The allocation of seats is based on the population of the member states. This means that, as per the Treaties, Hungary is entitled to 21 seats in the EP. And these 21 MEPs must have the same rights as the MEPs from all other countries.

Revoking Hungary's right to vote would in fact be a serious blow to European democracy, as it would negate the principle of the equality of Member States within the Treaties, and would also violate the principle of popular sovereignty, since MEPs are elected to the EP by the electorate, even if within a list system. Ultimately, by removing the right to vote, the voice of the Hungarian people would indirectly be silenced in Brussels. This is unacceptable in a constitutional state and in an organization that values the rule of law.

"Opposition MPs who are working to disenfranchise our country, and even brag about it, are not only betraying their country, but are also telling their own voters that they put their base political goals above the well-being of Hungary. And this detrimental action cannot be supported by Hungarians in good faith," the constitutional lawyer concluded. 
 

Cover photo: European Commission building entrance (Photo: AFP/Sophie Hugon)