László Trócsányi, the incumbent Justice Minister who was nominated to head the Ministry also in the new government, regards the Sargentini Report as an indictment with a list of already closed cases. He also said at his pre-appointment hearing held before Parliament’s European Affairs Committee on 15 May 2018 that he expects major disputes on this matter in the autumn. The Committee’s government-party members supported the politician’s appointment.

In answer to a question of Jobbik’s Tibor Bana, Mr Trócsányi highlighted that the Sargentini Report is an indictment which “is based on a very large number of political insinuations” and “contains a list of closed cases”. He mentioned as an example the case of former data protection commissioner András Jóri closed in 2014 and the case related to the competence of the Constitutional Court which also features in the Sargentini Report.

He took the view that the report was evidently conceived in the spirit of double standards which means that a distinction is being made between young democracies and old democracies; in other words, in the old democracies everything is fine, while young democracies must be taught to be democratic. Hungary is obviously unable to accept this, Mr Trócsányi added, and he indicated that he expects major disputes in connection with the report in the autumn and also thereafter.

He added that these disputes will be conducted by politicians, and the Ministry of Justice will provide the necessary legal assistance. The task is to give tough answers to the issues raised in the report, he said.

Mr Trócsányi said in answer to another question concerning a European prosecution service that according to the position of Poland and Hungary this is an issue of sovereignty: namely whether the European Union will move in a federal direction or towards a Europe of nation states.

In answer to questions from Fidesz and DK members, the Minister described the Austrian decision related to the reduction of the family allowances of foreigners working in Austria as a difficult affair in which, in his view, the available legal options must be explored with a professional lawyer’s logic. He highlighted that they can lodge a complaint with the European Commission in the case, and it is also possible to request a preliminary decision in a lawsuit instituted by a Hungarian citizen in which the Hungarian government may intervene.

Mr Trócsányi mentioned among the Ministry’s important responsibilities related to European affairs the furtherance of European civic initiatives, with special regard to the Minority SafePack. He said that the Justice Ministry will have to explore all legal options for the event that the European Commission should shelve the case.

The Minister told the Committee that Hungary is in the middle rankings in Europe as regards EU pilot and infringement procedures. At present there are 29 cases under way, some of which are politically motivated, including the cases of the CEU, the NGO law and the quotas, he added.

From among the Ministry’s activities Mr Trócsányi also mentioned the issue of victim protection in the field of which the Ministry is currently leading a project.

In answer to a question, the Minister repeatedly spoke up for the establishment of an administrative high court and dismissed opinions that this would lead to the elimination of the rule of law as defamatory attacks on himself and his reputation.

Regarding the dispute of the National Judicial Council and the National Office of the Judiciary, he reiterated that the Ministry does not wish to express an opinion. 

The European Affairs Committee supported Mr Trócsányi’s appointment with six votes for (Fidesz-KDNP) and three against (LMP, DK, Jobbik).

(MTI)