BRUSSELS (Pakistan Point News / Sputnik - 14th April, 2020) While Hungary is doing relatively well in terms of the fight against the COVID-19 outbreak compared to other EU members, European Commission President Ursula von der Leyen warns Prime Minister Viktor Orban of possible legal proceedings over new legislation giving him considerable political power to combat the epidemic that is supposed "to go too far and threaten democracy."
In late March, the Hungarian parliament passed the law granting additional authority to handle the spread of COVID-19 to the government as long as the state of emergency declared across the country on March 11 was in effect. In accordance with the law, the government can rule the country by decrees and orders without parliament's approval and jail those spreading false information about COVID-19. The move was harshly criticized by the opposition, which accused Orban of using the situation to get more power, and sparked "particular concerns" in Brussels.
One would expect general solidarity in the face of the COVID-19 pandemic from the European institutions toward their member states. The European Commission has done nothing much to fight the coronavirus, allocating some money for the repatriation of Europeans stranded around the world, increasing the budget for medical research and allowing Brussels to re-allocate some existing unspent cohesion funds to further measures against the pandemic.
Italy and Spain harshly complain that they have not got any direct support from Brussels. Only on Thursday, the European ministers of finance agreed a 500 billion euro ($546.6 billion) aid package to address economic fallout from the coronavirus crisis. However, the European Council is yet to approve this decision, and the fight over the possible issue of the so-called coronabonds could flare up again since no consensus reached on these debt instruments backed by the South and refused by the most countries in northern Europe.
In typical Brussels' self-congratulatory style, European Council President Charles Michel called the agreement on the aid package to tackle the COVID-19 crisis a "major breakthrough."
STEPPING UP COVID-19 FIGHT OR "OPEN DICTATORSHIP" IN EASTERN EUROPE?
The European Commission has used strong words to attack Orban regarding the extra powers given to the government by the parliament to deal with the pandemic.
"After what Orban has done today, the European Union must act and make him change his mind. Or, simply, expel Hungary from the Union," former Italian Prime Minister Matteo Renzi wrote on Twitter after the decision was announced.
These attacks are relayed and emphasized by the conventional press in Western Europe. Hungary is accused of using these measures to grab more power, which could not be given back to the parliament later.
For example, Deutsche Welle newspaper, financed by the German government, speaks of a possible "endless state of emergency in Hungary" and possible "corona coup" by the Hungarian regime. Others speak of the "power grabbed by Viktor Orban."
Hungary is the first to be mentioned in western media but Slovakia, the Czech Republic, Bulgaria or Romania are also recalled, along with EU accession countries, such as Serbia, in which, according to Brussels, "the COVID-19 crisis could undermine the principles and institutions upholding the rule of law."
In fact, wide-ranging restrictions on public life have been adopted almost everywhere. People are told to stay at home, respect curfews and avoid any unnecessary trips to slow down the spread of the disease. In Slovakia, the new center-right government intends to obtain citizens' data from telecom operators � smartphone tracking would help to ensure that people respect the self-isolation regime. Similar measures are taken in Singapore and South Korea.
Moreover, four of the Council of Europe's 47 member states � Armenia, Latvia, Moldova and Romania � have suspended certain civil rights during the state of emergency. They introduced prison sentences for spreading false information and allowed armies to carry out ID checks, normally reserved to the police.
As of April 13, Hungary is doing extremely well in its struggle against the pandemic with 109 fatality cases, which means that there are 11.3 fatalities per million of the country's residents. For comparison, Belgium, which is supposed to do relatively well, on the same day had 3,099 fatalities, or 336 deaths per million inhabitants. Notably, Belgium's figures are much better than those of France, Spain, Italy or the United Kingdom.
At the same time, the Hungarian new legislation is indeed tough. Those found to be obstructing measures to fight the pandemic would face up to eight years in prison, and anyone found spreading false information could be imprisoned for up to five years.
Although, Belgium, France and Italy have also passed decrees on false information about COVID-19 and heavy penalties for not abiding the crisis legislation, impressive results are yet to come.
Most experts and academics in western Europe express solidarity with Brussels, raising concerns over Orban's possible breaching of EU's democracy standards.
"In the matter of emergency measures, even more than in other legal matters, the devil is in the details. It is therefore important to look at their scope (wide or restricted, specific or general); their duration and control mechanisms. On each of these aspects, the Hungarian-style special powers raise real concerns if we compare them with those taken in France or Belgium, for example. The European Commission of Ursula von der Leyen is in its role as 'guardian of the treaties.' In no case, as some would like to imply, is the European reaction inadequate. Its legitimacy in this role is not undermined," Professor Michel Liegeois from the Crisis Study Center of the the Catholic University of Louvain (UCLouvain) in Belgium, told Sputnik.
Benjamin Biard, a political scientist and researcher at the Belgian Center for socio-political research and information goes further, saying that Hungary under Orban was classified as "illiberal" and had not been committed to EU democratic values.
"Hungary has shown in recent years, under Viktor Orban, regular breaches of the European model of liberal democracy and the country has even been classified as 'illiberal,' being accused of attacks on the independence of the judicial power or media freedom. The prime minister's party, Fidesz, has emptied the far-right opposition Jobbik of its substance by taking over part of its program, notably, concerning migration. The opposition says the country has lived under Orban's 'dictatorship' for years. But it should of course also be noted that Orban's government has the support of two thirds of the members of parliament," Biard told Sputnik.
Biard notes that one of the reasons of Brussels' objection regarding Hungary's new legislation is that Orban's party, Fidesz, still has significant influence within the European People's Party (EPP), the largest political group in the European Parliament.
"On the political level, it is true that Fidesz, the party of Orban, is still a member of the Christian Democrat group in the European Parliament, von der Leyen's group, the EPP. Hungary's Fidesz was 'suspended' but not expelled. And it is true that in the Christian family, we can see [leader of center-right Forza Italia party Silvio] Berlusconi or Orban rubbing shoulders with other parties, which, on the other hand, refuse to speak to Orban and Fidesz. The only MEP of the Belgian CDH [Humanist Democratic Center], Benoit Lutgen, the former president of the party, refuses to speak to Orban," the expert explains.
"Orban could leave the EPP and join the hard right of the ID group [Identity and Democracy Party] of Marine le Pen or Matteo Salvini. He does not. Undoubtedly Fidesz has more influence within the EPP, and von der Leyen's party probably also has an interest in keeping the 13 Fidesz MEPs in its ranks," Biard concluded.
For Pierre Vercauteren, a political scientist at UCLouvain university, measures taken by Orban breach democracy as they were taken for the long term, unlike in other European countries, and could even undermine the separation of powers in Hungary.
"One cannot compare the special powers taken in Belgium, for example, with those which Viktor Orban has granted himself in Hungary. In Belgium, the government has these special powers only for a very short period of two or three months renewable, while Orban's are long-term. He has already shown a trend threatening the fundamentals of democracy in Hungary, dismantling the separation of powers, for example," Vercauteren told Sputnik.
Thierry Mariani, a former French minister and member of the foreign affairs committee in the European Parliament, told Sputnik that Brussels' outrage over Orban's move was ungrounded, as almost all EU member states undertook measures to curb the pandemic similar to those imposed in Hungary.
"This accusation by Ursula von der Leyen is ridiculous! All EU countries do the same. In France, President [Emmanuel] Macron governs by decree. His government has issued 22 decrees since the start of the epidemic, without seeking the advice of the parliament. It is unheard of in France, but it is accepted by all parties because we have to fight the pandemic effectively and quickly. Macron has passed a law about 'fake news.' It is ironic since he and his government are champions of spreading these famous 'fake news,'" Mariani said.
Mariani suggests that Orban's party plays a significant role in the European parliament and helped von der Leyen to ensure a majority of votes during the election that makes the current attack on Hungary "a surreal comedy."
"Viktor Orban has a constitutional majority and respects the laws of Hungary. These constant attacks on Hungary are a surreal comedy. The Fidesz party is 'suspended' by the Christian Democrats, but not excluded from their group. If Orban didn't exist, von der Leyen and the socialist [Franz] Timmermans would have to invent it! If it is not serious, leave Orban in peace. If it is serious, let the EPP expel him from their group. We look forward to welcoming him to our ID group," he said.
"But do not forget that this is a little game that is played by two partners. Ursula von der Leyen was the only elected president of the Commission with a mediocre small majority ��� 383 out of 751. She needed 375 votes and guess who made the essential support with his 13 deputies? Who was the queen-maker? Viktor Orban and the Fidesz!" Mariani stated.
Meanwhile, Orban is already focusing on the second phase of the pandemic, developing an economic program to reduce the impact of COVID-19 pandemic on the national economy.
"This is where we stand on the twenty-sixth day of the 'state of danger.' We are living through difficult times, but you can see that not a single Hungarian is being left behind. If we look out for one another, we will succeed," he said during his address on April 6.
