Hungary's Orbán mulls cunning move for after quota vote

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Anything that is not in the Treaty of the EU can be provided in the Hungarian Fundamental Law, this is how top politicians of the ruling Fidesz party are preparing for the period after the resettlement quota referendum on Sunday, local weekly Figyelő reported on Thursday. The success of the ‘experiment’ is doubtful, but Prime Minister Viktor Orbán may once again set the theme for the EU and put the spotlight on himself.
Opposition parties are getting concerned that if the 2 October referendum is a success, i.e. it is valid and the ‘no’ votes win, Orbán might press for early elections. Figyelő has learned, however, that the Fidesz party has a different approach. They believe the opposition remains feeble and the see no reason why it would grow stronger and more potent by the spring of 2018 therefore there is no reason for early elections.

The question is what Orbán is planning for after a successful referendum if not early elections. The PM indicated a few weeks ago that he has ideas for what to do next. According to Figyelő, if ‘no’ votes win, Orbán will have the Constitution amended so it would stipulate that without the consent of the Hungarian Parliament the EU could not relocate asylum seekers to Hungary.Besides modifying the Fundamental Law Orbán could allegedly initiate in Brussels the amendment of the EU Treaty. His success in this respect is not guaranteed, of course, but it would be important for him to be the one to set the theme of general discussion in the EU. Politicians of the Fidesz party pointed out that the EU Treaty does not address at all the matter relating to Hungary’s referendum. Consequently, the amendment of the Hungarian Constitution does not violate the common law, they argue. So this would be Orbán cunning move.

Yet these politicians seem to be unaware of article 78(3) of the Treaty on the Functioning of the European Union (TFEU), which addresses common policy on refugees.

The article states that: "In the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, on a proposal from the Commission, may adopt provisional measures for the benefit of the Member State(s) concerned. It shall act after consulting the European Parliament."

So the question is whether Hungary’s possible initiative makes any sense in light of this provision.

Read more about the European Agenda on Migration here.
 

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