Legal security in itself prohibits the introduction of vague concepts such as the rule of law as EU obligations, Justice Minister Judit Varga said in an interview given to the German newspaper Die Welt that was released on Friday.

Ms. Varga stressed that the rule of law is not a clear, tangible concept that could be applied in everyday life because its violation – that could be punished – cannot be clearly defined.

A viable system requires clear norms and definitions, she added.

Regarding the item of the EU agreement on the coronavirus relief – which lays the emphasis on Article 2 of the Treaties of the European Union concerned with fundamental democratic values – she said, according to their interpretation, whatever new “budgetary conditionality” is introduced, it must be in harmony with the values laid down in Article 2 of the Treaties and the legal principles that stem therefrom.

In the legal practice of the Court of Justice of the European Union, legal security, proportionality, the prohibition of retroactivity and non-discrimination were laid down as such legal principles, Ms. Varga said.

In the context of the new budgetary mechanism to be created, she said heads of state and government will meet again in the autumn in order to work out the details, to define clear norms, and to determine the sanctions that could be imposed in the event of violations.

This will require a unanimous decision. In this regard, they will no doubt discuss issues such as the fundamental values under Article 2, democracy, the rule of law and equal opportunities – issues which all Member States agree with, she added.

According to the Minister, with the conclusions adopted at the EU summit on 21 July, it was decided once and for all that it is impossible to build any sanctions on concepts such as these that are difficult to define.

There will be a completely different set of objective criteria to prevent financial malpractices, she stated, adding that “to this end, we will closely cooperate with our German friends in the background because it is also in our best interests that we should succeed in achieving this, as is the success of the German rotating presidency”.

She highlighted that they have always shared the view that procedures instituted under Article 7 are only justified if the state in question disregards the judgments of the Court of Justice of the European Union. Hungary has always fully observed these judgments, she pointed out.

Specific accusations must be based on specific legal provisions, Ms. Varga stated, observing that there is already in place a highly sophisticated system of requirements and controls which regulates the utilisation of cohesion funds and allows for the withdrawal of funds.

She said according to the European Commission’s annual reports, this system is effective.

However, if for any reason this were not enough, naturally, this system could be developed further, Ms. Varga said.

However, the solution is not to introduce vague concepts such as “general deficiencies” when determining compliance with fundamental values. This brings communism to mind, the Minister pointed out.

In answer to the question as to whether “the EU resembles the Soviet Union,” she said also in those times people were punished because they were not “sufficiently ideologically aware,” rather than because they violated a law.

She stressed that “one of the greatest achievements of our change of regime is that today in Hungary, a person can only be convicted if they break the law. The current debates about the rule of law bear a strong resemblance to times before the fall of communism”.

In answer to a question, she said there is a possibility that the EU recovery package will fall through already in the European Parliament.

“Also during the Covid-19 crisis, the European Parliament was part of the problem, not of the solution. Instead of managing the epidemic, Members of the European Parliament attacked the protective measures implemented by individual countries; naturally, us above all,” Ms. Varga said, adding that in the EP even such fake news items were propagated as that the Hungarian Parliament had been suspended.

“We have little reason to believe that the EP will rise to the importance of its responsibility, and will adopt the historic agreement of heads of state and government,” she remarked.

Ms. Varga said at the Brussels summit German Chancellor Angela Merkel promised to make every effort to help to bring the procedure instituted against Hungary under Article 7 to a conclusion.

“Her word is enough for is. However, naturally, on her own, she is unable to bring the process itself to a conclusion,” the Minister added.

(MTI/Cabinet Office of the Prime Minister)