The Civil Liberties Committee discusses the situation in Hungary regarding its LGBTI laws with Justice Commissioner Didier Reynders.

Committee on Civil Liberties, Justice and Home Affairs

LÓPEZ AGUILAR, Juan Fernando (S&D, ES)

fight for the rights of lesbian, gay, bisexual, transgender and intersex people (T)

EU mechanism on democracy, the rule of law and fundamental rights (T)

EU - Hungary (T)

REYNDERS, Didier (BE, EC)

Situation in Hungary, including the LGBTI laws: Opening remark by Juan Fernando LÓPEZ AGUILAR (S&D, ES), Chair and opening statement by Didier REYNDERS, European Commissioner for Justice - LIBE Committee

SOUNDBITE (English), Juan Fernando LÓPEZ AGUILAR (S&D, ES), Chair, This afternoon session, we have point eleven: situation in Hungary, LGBTI laws. This is a situation which is by now well known of the members of the LIBE Committee. December, no September 2018, our Parliament adopted the resolution on our proposal, calling on the Council to determine, per to Article 7, the existence of a clear risk, serious breach by Hungary of the values on which the Union is founded concerning developments regarding, particularly, the LGBTI legislation.

SOUNDBITE (English), Juan Fernando LÓPEZ AGUILAR (S&D, ES), Chair, Not only this matter, but also this matter on the grounds of recent legislation adopted by the Hungarian parliament, which is worth noticing and worth discussing. That is why are we having here, Commissioner Reynders, to whom we warmly welcome once again to the podium and we will hear from him the presentation of the situation and then we will be opening round for discussion. It will be eight minutes to you, commissioner. Can you make it an even less? So do it. Thank you.

SOUNDBITE (French), Didier REYNDERS, European Commissioner for Justice, Thank you, chair, members, and thank you for having invited me today to have an exchange on the situation of the rule of law in Hungary and the legislation with respect to LGBTIQ content. As you know, the rule of law is the very underpinnings of the EU. We have to ensure that it is respected across the board in the Union. It's essential for all EU institutions to contribute to these efforts according to their own competences.

SOUNDBITE (French), Didier REYNDERS, European Commissioner for Justice, The Commission has explained again and again that it shares many of the concerns expressed by the European Parliament in its proposal that - Chair, you have just recalled - triggering the procedure under Article 7 on the Treaty of the Functioning of the EU against Hungary.

SOUNDBITE (French), Didier REYNDERS, European Commissioner for Justice, The Commission has clearly stated that irrespective of the Council's position of the Article 7 procedure, it has to guarantee free, fair treatment to the proposal presented by the Parliament in 2018. The commission stressed this once again at the General Affairs Council, held on the 14th of December last year. The Commission has regularly kept the European Parliament involved, in particular your parliamentary committee on the situation in Hungary.

SOUNDBITE (English), Didier REYNDERS, European Commissioner for Justice, On that, it is determined to use all the instruments at its disposal to address concerns regarding the Rule of Law. In particular in its role as guardian of the treaties, the Commission has a responsibility to uphold and enforce EU law and, where necessary, to launch infringement proceedings. In the case of Hungary, the Commission has launched multiple infringement proceedings on issues concerning the respect of all common values. These proceedings relate in particular to the rights of civil society organisations, academic freedom, the rights of migrants and asylum seekers, and the rights of LGBTIQ people.

SOUNDBITE (English), Didier REYNDERS, European Commissioner for Justice, Notably, we launch infringement proceedings against Hungary related to the law, which prohibits or limits access to content that promotes or portrays the so-called divergence from self identity corresponding to sex at birth, sex change or homosexuality for individuals under 18. We all know assessing the reply we receive from Hungary to our reson of opinion in order to decide whether to bring the case before the Court of Justice. So we continue to proceed in such a case.

SOUNDBITE (English), Didier REYNDERS, European Commissioner for Justice, The Commission also took note of the fact that the referendum of the 3rd of April on key aspects of this piece of legislation was not vetted because less than half of the voters cast a valid vote. Let me be clear, the Commission strongly condemns any discrimination, violence and hatred against LGBTIQ people. EU values and fundamental rights must be respected by all EU member states and state authorities alike, without exception. And you know that the protection of the minorities is again the majority when there is a majority trying to organise discrimination.

SOUNDBITE (English), Didier REYNDERS, European Commissioner for Justice, Where relevant, the Commission has also used other instruments, such as the European Semester and the Recovery and Resilience Facility, to promote and uphold the Rule of Law. The RRF Regulation provides that national recovery plans must contribute to effectively addressing challenges identified in the relevant Country-Specific Recommendations under the European Semester.

SOUNDBITE (English), Didier REYNDERS, European Commissioner for Justice, In the case of Hungary, in 2019, the Council, following a Commission proposal recommended in the context of the European Semester to reinforce the anti-corruption framework and to strengthen judicial independence. The union also has at its disposal the budget conditionality mechanism. Following the February judgements of the Court of Justice on the 2nd of March, the Commission adopted guidelines which clarify how the budget conditionality regulation will apply.

SOUNDBITE (English), Didier REYNDERS, European Commissioner for Justice, And, as President von der Leyen announced earlier this month in the plenary, the Commission will launch the next steps in the process of protecting the EU budget after reviewing the reply sent by the Hungarian government to the Commission request for information of last November. Furthermore, in July, the Commission intends to publish its third annual Rule of Law report. For the first time, it will include recommendations. These recommendations will help member states to choose their follow up on the key issues on justice, anti-corruption, media freedom and checks and balances.

SOUNDBITE (French), Didier REYNDERS, European Commissioner for Justice, To conclude, Chairman, I am sorry that today I am not able to give you any positive news regarding the situation in Hungary. All I can do is hope that the procedures in the pipeline will allow the Hungarian authorities to take the necessary action as requested by the Commission. The Rule of Law is the very foundation of the EU and it's the basis of our unity. It's fundamental to protect the values upon which the EU is founded: freedom, democracy, equality and respect of human rights. This is a principle to which the 27 member states adhere willingly in their accession as sovereign countries.

SOUNDBITE (French), Didier REYNDERS, European Commissioner for Justice, Given this unprecedented crisis, we have to remain united and we have to ensure that our common values are respected if we wish international order following the crisis, we have to make sure that these rules can continue to be within applied with the union. Thank you very much for your attention. I'll be happy to answer any questions you might have.