During the plenary session (5-8 July 2021) of the European Parliament in Strasbourg, MEPs debate on the Rule of Law and Fundamental Rights in Hungary and Poland. Opening statements by Anže LOGAR, Slovenian Minister of Foreign Affairs and by Vĕra JOUROVÁ, Vice-President of the European Commission. This transcription is the result of an automatic process. Please check against delivery.

statement

Strasbourg

plenary session

JOUROVÁ, Věra (EC)

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)

joint debate

LOGAR, Anže (SI)

Joint debate - Rule of Law and Fundamental Rights in Hungary and Poland: opening statements by Anže LOGAR, Slovenian Minister of Foreign Affairs and by Vĕra JOUROVÁ, Vice-President of the European Commission

SOUNDBITE (English), An&#382;e LOGAR, Slovenian Minister for Foreign Affairs, Madam President. Honourable Members, Vice-President Sidorova. Thank you for the invitation to participate in this debate on the important issue of the rule of law. And fundamental rights, including in connexion with LGBTIQ rights. Let me start with the latter issue, as this topic is essential to all those who suffer from discrimination and hate because of their sexual orientation. There is no place for homophobia in European Union. No one should feel a need to conceal their true selves in order to avoid discrimination, hate or even violence. All citizens of our Union are equal and should be able to live in freedom and safe from discrimination based on their age, sex, race, colour, religion or sexual orientation. These are principles and values solidly enshrined in the EU treaties, the Charter of Fundamental Rights and EU legislation.

SOUNDBITE (English), An&#382;e LOGAR, Slovenian Minister for Foreign Affairs, Our common European commitment to decency, acceptance, and equal treatment is the very foundation of the idea of the just society. The council is fully committed to upholding the rule of law and protecting fundamental rights. In view of recent legislative developments in Hungary, it is clear that family law or schools curricula are within the national competence. Yet the principle of non-discrimination is enshrined in the EU treaties. It was the right to equal treatment that featured prominently in the exchange that ministers had in the framework of Hungary's Article seven point one procedure, at the General Affairs Council meeting on 22nd of June.

SOUNDBITE (English), An&#382;e LOGAR, Slovenian Minister for Foreign Affairs, As president Michel said earlier today, the recent legislative developments in Hungary were also discussed by leaders at the European Council on 24-25th of June. He stressed today that in the European Union we do not discriminate, but we integrate. Honourable members, coming out to the two ongoing articles, 7.1 procedure, as I mentioned earlier, the Council heard Hungary as well as Poland at the latest General Affairs Council on 22nd of June. By these two hearings, the council formally resumed the procedure, which had to be put on hold due to the covid-19 pandemic and the impossibility to convene formal Council meetings. In fact, it is crucial that hearings are held in full compliance with all the legal requirements to ensure that the procedure is balanced and fair towards all the parties and institutions involved.

SOUNDBITE (English), An&#382;e LOGAR, Slovenian Minister for Foreign Affairs, Each of these hearings covered all the issues contained in the commission. Recent proposal of 20 December 2017 for Poland and the European Parliament recent proposals of 12 September 2018 for Hungary. At the end of the meeting, the Council committed to remain in sight on these two articles 7.1 procedure. The Presidency will therefore bring forward both procedures according to its duties.In addition, the Slovenian Presidency will continue the so-called Rule of Law dialogue in the Council to pursue the essential work carried out during the German and Portuguese presidency. It will do so on the basis of the 2021 Rule of Law Report, which will be issued by the commission in the coming weeks. We will hold both a horizontal discussion on the Rule of Law Report in October and the country specific discussion featuring Croatia, Cyprus, Italy, Latvia and Lithuania in November.

SOUNDBITE (English), An&#382;e LOGAR, Slovenian Minister for Foreign Affairs, The annual rule of law dialogue is crucial to develop a preventive and constructive approach on the rule of law issues to allow member states to share best practises and learn from each other, and to strengthen a shared European rule of law culture. Thank you very much for your attention. And I look forward to your intervention.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, President, honourable Members, Minister, thank you for having put on your agenda these topics which relate to the recent data of the Union. Our common values enshrined in Article 2 of the Treaty. Let me start on the situation of rights of LGBTI citizens in Hungary. As stressed by the President of the Commission just earlier today, several provisions of the act adopted by the Hungarian National Assembly on the 15th of June 2021 clearly discriminate against people based on their sexual orientation and go against the fundamental values of the European Union. Human dignity, equality and respect for human rights on these values we cannot compromise. Protecting children against paedophilia offenders is without any doubt a shared objective pursued by all institutions and EU member states.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, However, legitimate public interest is not a valid pretext to introduce provisions that violate fundamental rights and discriminate against a minority group based on their sexual orientation and gender identity. When implementing EU law, member states must fully respect the EU Charter of Fundamental Rights. They must also comply with the EU internal market rules. In the letter mentioned by the Commission President sent by Commissioners Breton and Reynders on the 23rd of June this year to the Hungarian Minister of Justice, the Commission expressed its doubts about the compatibility of the act with EU law, including the Charter of Fundamental Rights. The provisions of this act prohibit or limit access to content that propagates or portrays divergence from self identity corresponding to sex adverse sex change or homosexuality for persons under 18 years.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, Such content is put on the same footing as pornography and considered as such to be capable of exerting negative influence on the physical and moral development of minors. By doing so when it applies within the scope of union law, this act violates the prohibition of discrimination based on sex and on sexual orientation enshrined in Article 21 of the Charter. These provisions also deny people the freedom to express themselves and hold their own opinion as well as the right to be informed, enshrined in Article 11 of the Charter, as well as to enjoy their right to a private and family life enshrined in Article. 7 of the charter. In its letter, the Commission has set out its legal concerns and asked for clarifications on the act. The Commission stressed in particular that some of the provisions of the Act would violate EU law, including the Audiovisual Media Services Directive. Some provisions at issue are also very likely to violate the e-commerce directive.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, The Commission's assessment of the act is done also with regard to the Treaty governing freedom to provide services and free movement of goods, which are amongst the fundamental principles of the EU internal market and the EU legal order. The Commission expressed the concern that some of the provisions of the Act constitute a restriction to both these fundamental freedoms. According to the case law of the Court of Justice of the European Union, any restriction to fundamental treaty freedom must genuinely pursue a legitimate objective, be necessary, non-discriminatory and proportionate. Moreover, such a restriction cannot violate the prohibition of discrimination based on sex and on sexual orientation enshrined in Article 21 of the charter.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, The act also potentially raises issues as regards the implementation of the EU budget in Hungary. In particular, funds in the shared management. Member states shall implement shared management funds in compliance with the Charter, under shared management, the rules for both 2014 to 2020 and the new programming period require member states and the commission to prevent any form of discrimination in the preparation and implementation of programmes supported by the funds. In addition, for the new period 2021 to 2027, the Commission will carefully monitor these enabling conditions throughout the programming period, starting with the preparation of the partnership agreements and of the programmes. The European Social Fund Plus Regulation emphasises that all operations must be selected and implemented in respect of the charter; in cases of infringement of the charter, the commission will consider them when determining corrective measures in line with the common provision regulation.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, The Commission will actively monitor the respect of fundamental rights, including the principle of non-discrimination in the execution of the EU budget. On the 30th of June the Commission has received the reply of Hungary to the letter concerning this new act. We are assessing this reply. And we will not hesitate to put forward actions in accordance with our role of guardian of the Treaty. To conclude on this point, let me recall that the Commission has already shown its firm commitment to address LGBTI discrimination by adopting the equality strategy for 2020 to 2025. Driven by the belief in a Europe which embraces choice and diversity, the Commission will use all its powers to ensure that the rights of all EU citizens are fully guaranteed.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, Let me now turn to the outcome of the hearings of the 22nd of June in the General Affairs Council under the Article 7/1, of the Treaty procedure regarding Poland and Hungary. I would like to thank the outgoing Portuguese presidency for its decision to schedule these two hearings. It had been quite some time since the last formal hearings in these two proceedings had taken place, also due to covid-19 restrictions. I represented the Commission at the occasion and updated the Council on the 22nd of June on the developments.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, As regards the procedure in respect of Hungary. The Commission stressed again that the Council must ensure a fair handling of the recent proposal tabled by the European Parliament. The Commission noted that the situation in Poland and Hungary is not improving and that new developments have given rise to further concerns. As regards Poland, the commission updated on concerns around the questioning of the primacy of EU law by the Polish authorities and the seising of the Constitutional Tribunal in that respect, as well as on further deterioration of the situation of judges in the context of the activity of the disciplinary chamber. The Commission notes that the concerns regarding the legitimacy and independence of the Constitutional tribunal, as set out in the recent proposal, have still not been resolved.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, On the 1st of April 2021 the Commission brought a new infringement procedure before the Court of Justice covering a number of judicial reforms set out in the new law on the judiciary. In this procedure the Commission has asked to the Court of Justice to impose interim measures suspending all activities of the disciplinary chamber as regards cases concerning judges, including decisions to lift the immunity of judges.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, In their interventions member states expressed concerns and asked for clarifications related to these developments. As regards Hungary the Commission presented key developments, raising concerns. These included areas such as the independence of the judiciary and of other institutions, the rights of judges, corruption and conflicts of interest, freedom of expression and media pluralism. The Commission also addressed academic freedom and freedom of association, linked to judgements of the European Court of Justice, finding that national provisions in these areas breach EU rules.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, The Commission also updated on developments as regards the right to equal treatment and the rights of persons belonging to minorities and the rights of asylum seekers. Many member states focussed their questions on the anti-LGBTI aspects of the recent Hungarian legislation, also referring to a joint statement signed by a number of member states. Against this state of play in the two concerned member states the Commission considers that it is essential to keep the Article 7 of the treaty proceedings on the agenda of the General Affairs Council for as long as the underlying concerns that triggered these procedures continue to persist. The Commission continues to stand ready to provide updates to the Council as regards the rule of law related developments falling under the ongoing Article 7 proceedings, as well as to present its views in the context of formal hearings. The Commission will continue to support the Council in that respect.

SOUNDBITE (English), V&#283;ra JOUROV&#193;, Commissioner, The Commission remains open and available for a dialogue with the Polish and Hungarian authorities in order to resolve the concerns. And the Commission remains fully committed to continue using all the tools at our disposal to address concerns, relating to the respect of our fundamental values, including the rule of law in all the member states of the European Union. Honourable members, thank you very much.