Lucinda Creighton (Dublin South East, Fine Gael)

The Deputy is referring to the new Hungarian constitution, which came into force on 1 January, its associated cardinal laws and the media law adopted in 2010. While the stated aim of the new constitution - the consolidation of democracy in Hungary - is commendable, aspects of the new constitution and the cardinal laws have given rise to concerns expressed by many parties, including the European Commission, the Council of Europe and the United States. These include concerns about the impact of the laws on the fairness of the electoral system, and on the judiciary, the fiscal council and the national data protection authority. The media law was revised following discussions with the European Commission, and the Constitutional Court of Hungary ruled in December that a number of its provisions were unconstitutional. The modified version of the law remains, however, the subject of continuing concern.

The medium for EU engagement with Hungary on this issue is the European Commission, as guardian of the treaties. The Commission has written to the Hungarian authorities about a number of concerns, including with regard to the judiciary. The Commission has noted that it stands ready to make full use of its prerogatives to ensure member states respect the obligations they have accepted as Members of the European Union. The Hungarian foreign Minister, Mr. Martonyi, recently wrote to EU foreign Ministers and the European Commission on these issues.

While recognising the legitimate concerns that the new constitution and laws have prompted, I welcome the Minister's intention to engage in discussion of these issues. I and the Government encourage Hungary to engage substantively with the European Commission. There has been a recent development in the last few minutes in this regard. The European Commission has just launched accelerated infringement proceedings against Hungary over the independence of the central bank and data protection authority and the measures affecting the judiciary. The first stage in those proceedings has just been initiated with the sending of three formal letters from the Commission to the Hungarian authorities.

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