Economy
Commission opens infringement procedure against Hungary over new higher ed law
Commissioner Dombrovskis, in charge of the Euro, Social Dialogue, Financial Stability, Financial Services and Capital Markets Union, told journalists today that College has made a decision today to send a Letter of Formal notice to Hungarian authorities over recent amendments to the country’s Higher Education Act.
College sees non-compliance with the freedom of establishment and provision of services, he added.
Dombrovskis also noted that dialogue with Hungarian authorities continue in the field of asylum policies, adding that it is also important to “set the record straight on several incorrect or highly misleading claims and allegations" in respect of Hungary's 'Stop Brussels' campaign and related questionnaire.
First Vice-President Frans Timmermans will be delivering details over the College decision in European Parliament later today, the Commissioner said when asked about specifics about this decision.
He said a Letter of Formal Notice “is the first step towards infringement procedure, and there is a time for Hungarian authorities to react, and following the reactions the Commission will decide on further steps."
A Letter of Formal Notice is the first step in the pre-litigation phase, in which the EC requests a Member State to comment on noncompliance issue, typically within two months by sending a Letter of Formal Notice. If no satisfactory reply has been received from a MS concerned, the EC requests the MS to comply within a given time limit by sending a Reasoned Opinion.
If no satisfactory reply has been received from the MS, the EC brings this MS before the Court. If the MS still does not comply, the EC launches a 2nd infringement procedure by sending a 2nd Letter of Formal Notice. In a 2nd judgement, the Court may, on the basis of a proposal from the EC, impose lump sum and/or a daily penalty payment on a MS concerned.
The College decided on 12 April to continue to use all available means under the Treaties to uphold the EU's shared values and to engage in a broad political dialogue with the Hungarian authorities, the other Member States and the European Parliament.
The first opportunity for a public dialogue will be at this afternoon's Plenary debate of the European Parliament, with the participation of First Vice-President Frans Timmermans and Prime Minister of Hungary Viktor Orbán.
College sees non-compliance with the freedom of establishment and provision of services, he added.
Dombrovskis also noted that dialogue with Hungarian authorities continue in the field of asylum policies, adding that it is also important to “set the record straight on several incorrect or highly misleading claims and allegations" in respect of Hungary's 'Stop Brussels' campaign and related questionnaire.
First Vice-President Frans Timmermans will be delivering details over the College decision in European Parliament later today, the Commissioner said when asked about specifics about this decision.
He said a Letter of Formal Notice “is the first step towards infringement procedure, and there is a time for Hungarian authorities to react, and following the reactions the Commission will decide on further steps."
A Letter of Formal Notice is the first step in the pre-litigation phase, in which the EC requests a Member State to comment on noncompliance issue, typically within two months by sending a Letter of Formal Notice. If no satisfactory reply has been received from a MS concerned, the EC requests the MS to comply within a given time limit by sending a Reasoned Opinion.
If no satisfactory reply has been received from the MS, the EC brings this MS before the Court. If the MS still does not comply, the EC launches a 2nd infringement procedure by sending a 2nd Letter of Formal Notice. In a 2nd judgement, the Court may, on the basis of a proposal from the EC, impose lump sum and/or a daily penalty payment on a MS concerned.
EC statement
The European Commission today followed up on its 12 April discussion on legal and fundamental values issues related to Hungary by taking action on two fronts:- First, on the basis of an in-depth legal assessment of the Hungarian Higher Education Law of 4 April, the European Commission concluded that the law is not compatible with the fundamental internal market freedoms, notably the freedom to provide services and the freedom of establishment but also with the right of academic freedom, the right to education and the freedom to conduct a business as provided by the Charter of Fundamental Rights of the European Union, as well as with the Union's legal obligations under international trade law. The College therefore decided to take legal action and sent a Letter of Formal Notice to the Hungarian Government on the Hungarian Higher Education Law. The Hungarian authorities will now have one month to respond to the legal concerns of the Commission.
- The Commission also decided to continue pursuing a dialogue with the Hungarian authorities on other outstanding concerns, including in the field of asylum and will continue to follow closely the draft law on registration of NGOs which has also raised concerns.
- Second, the European Commission will publish today its response to the false claims in the Hungarian Government's 'Stop Brussels' national consultation which was launched in April 2017. The Commission considers that the consultation is based on several factually incorrect or highly misleading claims and allegations and will therefore set the record straight in its response - based on hard facts - that will be made public at the start of First Vice-President Timmerman's intervention at the European Parliament Plenary debate later today.
The College decided on 12 April to continue to use all available means under the Treaties to uphold the EU's shared values and to engage in a broad political dialogue with the Hungarian authorities, the other Member States and the European Parliament.
The first opportunity for a public dialogue will be at this afternoon's Plenary debate of the European Parliament, with the participation of First Vice-President Frans Timmermans and Prime Minister of Hungary Viktor Orbán.
