The Court of Justice of the European Union this Thursday approved the complaint filed by the Hungarian government of Viktor Orban against the decision of the European Parliament to activate the process of Article 7 of the EU Treaty, a mechanism for assessing whether democratic values and the rule of law are in place are at risk in a Member State.
The case relates to a resolution adopted by the European Parliament’s plenary in September 2018 calling on the Twenty-seven to declare that there is a “clear risk of serious breach” of fundamental EU values in Hungary.
This decision of the council would mean starting the process of Article 7, which can ultimately lead to sanctions against the failing member state, including the suspension of the right to vote on the decisions of the bloc.
The parliamentary resolution added a majority of more than two thirds of the votes cast and only counted the yes and no votes as stipulated in the rules of the European Parliament, but Hungary resorted to the TEU as abstentions should also have been taken into account Account.
In its ruling this Thursday, the Luxembourg court endorsed the European institution’s method and dismissed the Orban’s appeal, concluding that the abstentions were “validly” excluded.
Thus, this situation does not violate either the principle of democracy or the principle of equal treatment and stresses that the MEPs who abstained acted “in full knowledge of the facts” since they had been informed beforehand that no abstentions would be made at the Take into account the calculation.