4th Dec 2022


Blurred lines - the case of the 'political EU Commission'

  • Hungarian justice minister Judit Varga: 'We hit a nerve in Brussels simply because we consider the protection of children more important than pampering the LGBTQ lobby' (Photo: Hungarian government)

The Hungarian government recently responded to the contemptible attacks of the European Commission, expressing our serious concerns about the growing politicisation of a commission that pursues goals for which it has no authorisation.

While reading the 2021 Rule of Law report, it was astonishing to see how the principle of rule of law had been converted into a tool of political blackmail.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

When will the EU Commission finally cease to act as a political body?

The commission has long forgotten the principles and moral stance of the community's founding fathers and seems to embrace only one master regarding rule of law issues: pragmatism.

To pursue its own goals, the end apparently justifies all means. Only one factor is missing: legality. The rules and treaties do not matter anymore. And those member states who believe in sovereignty and subsidiarity, those who do not fall in line, will have to be punished – as equality commissioner Helena Dalli put it bluntly.

These are the real issues concerning rule of law in the EU.

With its second rule of law report, the commission sticks to a role it has defined for itself, delivering a highly-politicised document based on double standards and vaguely founded criticisms and lacking the factual and impartial legal evaluation that its authors claim.

The underlying motivation is obvious: this self-serving political smear campaign disguised as a legal assessment is directed against Hungary simply because we prioritise protecting our children and families and are unwilling to allow the LGBT+ lobby into our schools and kindergartens, as expected by certain interest groups.

Since the report consistently ignores the position of the Hungarian government, contains absurd factual errors, and relies almost exclusively on the politically-motivated opinions of civil society organisations financed from abroad or by the commission itself, it cannot serve as the basis for any further EU mechanism or procedure.

A further concern is that the commission does not verify the listed allegations nor present any justification or evidence. The evaluative findings of the report also reflect a clear double standard of discrimination against Hungary vis-à-vis reports on other member states.

In fields outside EU competencies, the commission oversteps its bounds even more blatantly, as it expects the independent constitutional organs of Hungary to take decisions desired by the commission in individual cases, regardless of facts or regulations — a profound abuse of power.

As to the legality of Hungary's new constitution, charges could easily be set aside if the commission noted CoE Resolution 1941: "The new parliament, for the first time in the history of free and democratic Hungary, amended the former constitution – inherited from the one-party system – into a new and modern Fundamental Law through a democratic procedure, after intensive debates in the parliament and with contributions from Hungarian civil society."

Furthermore, a detailed anti-corruption strategy, effective whistle-blower protection and strict criminal laws apply in Hungary, as expected for any European state.

Leftwing and liberal media

The recent German survey confirming the majority of its society cannot speak freely makes one wonder why Hungarian media is a concern when it allows all political views – including anti-government ones – to reach the public, as opposed to western European media, largely dominated by leftwing and liberal channels.

The commission's desire to artificially create problems is also made evident by its critique of civil society in Hungary: there are presently 60,000 diverse civil society organisations operating freely here.

A peer review among member states may help resolve rule of law issues, but the European Commission's 2021 Rule of Law Report is merely another political tool.

It fails to present an objective and substantiated picture of the rule of law situation in Hungary or other member states and therefore cannot serve its purpose. As commissioner Didier Reynders recently stated, discrediting the report itself: "This is no longer about prevention but about sanctions."

It is unfortunate that rule of law has become a tool of frustrated political will and ideological blackmail. We hit a nerve in Brussels simply because we consider the protection of children more important than pampering the LGBTQ lobby.

Since the Conference on the Future of Europe kicked off, it is high time that the people of Europe express their views: do they want to be the subjects of an empire that advances its own political agenda in the name of artificially created groups, or do they want to belong to a strong EU built on strong member states, a Union that respects the division of competencies and national identity?

We opt for smart integration — not forced integration — and reject every effort that brings about an empire driven by Brussels bureaucrats.

For that, we believe the end does not justify all means.

Author bio

Judit Varga is the minister of justice in the Hungarian government.


The views expressed in this opinion piece are the author's, not those of EUobserver.

Hungary's recovery ratification on hold, amid anti-LGBTIQ row

The EU Commission and most MEPs have called on Hungary on Wednesday (7 July) to repeal discriminatory new laws against LGBTIQ people or face legal consequences. Meanwhile, the commission is assessing Budapest's Covid-19 pandemic recovery plan.

Orbán counters EU by calling referendum on anti-LGBTI law

Hungarian prime minister Viktor Orbán has announced a referendum on his country's controversial new anti-LGBTIQ law - in response to criticism from the European Union which called the new legislation discriminatory.

EU leaders confront Orbán on anti-LGBTIQ law

Hungary's premier Viktor Orbán argued that the law does not discriminate against LGBTIQ people - and that he himself defended the rights of "homosexual guys" when he fought against communism as a student leader.

How NOT to frame debate about Hungary's toxic anti-gay law

Politicians use clever framing of issues to convince voters to support laws that harm their own interests. Viktor Orban's new hate law vilifies people for who they love. But its opponents may have unwittingly helped by repeating its framing.

EU must break Orbán's veto on a tax rate for multinationals

This global tax rate for multinationals could yield up to €64bn annually. Yet, the Hungarian government led by Viktor Orbán has been blocking it for months. The impotency of the EU to strike a deal is irresponsible and incomprehensible.

Stakeholders' Highlights

  1. Nordic Council of MinistersCOP27: Food systems transformation for climate action
  2. Nordic Council of MinistersThe Nordic Region and the African Union urge the COP27 to talk about gender equality
  3. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  4. Friedrich Naumann Foundation European DialogueGender x Geopolitics: Shaping an Inclusive Foreign Security Policy for Europe
  5. Obama FoundationThe Obama Foundation Opens Applications for its Leaders Program in Europe
  6. EFBWW – EFBH – FETBBA lot more needs to be done to better protect construction workers from asbestos

Latest News

  1. EU must break Orbán's veto on a tax rate for multinationals
  2. Belarus dictator's family loves EU luxuries, flight data shows
  3. How Berlin and Paris sold-out the EU corporate due diligence law
  4. Turkey's EU-funded detention centres ripe with abuse: NGO
  5. In green subsidy race, EU should not imitate US
  6. EU Commission proposes suspending billions to Hungary
  7. EU: Russian assets to be returned in case of peace treaty
  8. Frontex leadership candidates grilled by MEPs

Stakeholders' Highlights

  1. European Committee of the RegionsRe-Watch EURegions Week 2022
  2. UNESDA - Soft Drinks EuropeCall for EU action – SMEs in the beverage industry call for fairer access to recycled material
  3. Nordic Council of MinistersNordic prime ministers: “We will deepen co-operation on defence”
  4. EFBWW – EFBH – FETBBConstruction workers can check wages and working conditions in 36 countries
  5. Nordic Council of MinistersNordic and Canadian ministers join forces to combat harmful content online
  6. European Centre for Press and Media FreedomEuropean Anti-SLAPP Conference 2022

Join EUobserver

Support quality EU news

Join us