Commission to assess Hungary’s emergency measures, says justice chief

Proposed rules would see jail terms for those publicizing untrue or distorted facts during the coronavirus crisis.

The European Commission will assess whether new emergency legislation from the Hungarian government to tackle coronavirus is in line with rule of law standards, Justice Commissioner Didier Reynders said.

Members of the European Parliament, international organizations and human rights groups have raised concerns about a Hungarian bill — which could be approved as early as Monday — that would allow the government of Prime Minister Viktor Orbán to rule by decree without a set time limit and impose jail terms for those publicizing what are viewed as untrue or distorted facts during the coronavirus crisis.

Speaking by phone with POLITICO on Friday, Reynders said that when it comes to emergency measures related to the coronavirus crisis, “we want to see if it’s possible in all member states, but certainly also in Hungary, to have a time limit, and then a possible prolongation … with a new decision of the parliament.”

Parliamentary consent can be obtained in various ways, the commissioner said, pointing to the possibility of legislators sitting in different rooms or even voting remotely if needed.

“We will verify what kind of text will be adopted … in Hungary next week, and of course we will verify if it’s in line with our vision on the rule of law and fundamental rights, and if it’s needed to take an initiative,” the commissioner said.

Addressing the section of Hungary’s proposed legislation that would impose jail sentences for publicizing fake or distorted facts, the commissioner said that “we are trying to fight against fake news” but “of course we are for the moment in a process about Hungary on the basis of Article 7 of the treaty, with some concern about the media concentration” in the country.

The Commission is set to begin monitoring more broadly the emergency measures enacted across the bloc, both when it comes to their impact on the rule of law and personal data and privacy.

“We asked for all the permanent representations of the Commission in all the member states to give us a sort of mapping of all the different situations,” Reynders said. “Of course we try to monitor the situation in all the member states, but we pay maybe more attention in some member states where there are sometimes different kinds of concerns about the situation in relation with the rule of law and fundamental rights.”

Asked about the Polish government’s decision to go ahead with its May presidential election despite a national lockdown and amid concerns that opposition candidates would not have an equal opportunity to campaign, Reynders noted that the Commission would watch the situation in Warsaw.

“Of course it may be possible to organize the elections if you have a normal free movement of people in the country without any decision to stay at home, but if you take some measures to fight against the [pandemic] and you ask the people to stay at home … it’s quite difficult to imagine that you organize elections.”