The controversy over Hungary's new media law has sparked debate over the power of the EU to deal with 'rogue' states.
Hungary's rightwing prime minister Viktor Orbán gave, and
received, no quarter when confronting European parliament critics this week
over his government's controversial media law. One MEP called Orbán a
"European Chávez", a reference to Venezuela's demagogue president.
Orbán replied that accusations of dictatorial behaviour were a "slap in
the face" for Hungarian voters who elected him in a landslide vote last
April.
But behind the Strasbourg knockabout lay some serious
questions for Hungary and the European Union, which it joined in 2004. Opponents
describe the media law as a political gag that will destroy press freedom in
Hungary – part of an alarming platform of populist "reforms",
go-it-alone economic policies and constitutional changes that threatens
democracy and individual liberties. Orbán denies the charges. But, if true,
what should the EU do? What recourse does Brussels have when an EU member goes
"rogue"?
European commissioner Neelie Kroes said this week a
preliminary inquiry found the new law "unsatisfactory" and that EU
concerns had been conveyed to Budapest. Kroes targeted rules requiring
registration and "balanced reporting" by all media outlets, including
bloggers, and controls on non-Hungarian media. She did not say when the inquiry
would be completed or what action the EU might take if Hungary ignored its
findings.
Orbán says the law will be amended if it breaches EU
legislation. But he has simultaneously told EU members not to interfere,
accusing France and Germany in particular of rushing to judgement. "No one
single state or nation has the right to criticise," he said earlier this
month. EU attempts to rewrite the law would be "discriminatory", he
added.
Hungary coincidentally took up the six-month rotating EU
presidency on 1 January, and Orbán made clear he would cause maximum
embarrassment if Brussels insisted on meddling in his domestic policies.
"If you mix up the two, obviously I am ready to fight … It won't just be
detrimental or damaging to Hungary alone but … to the EU as a whole," he
said in Strasbourg. It was an extraordinary statement: in effect, the EU's
standard-bearer was threatening the EU.
Charles Grant, director of the Centre for European Reform
thinktank in London, said the EU could suspend relations with member states
that flouted European law, as happened briefly in 2000 when Jörg Haider's far-right
Freedom party joined the Austrian government. But suspension was a
"nuclear option", he said, and unlikely to happen.
"Like many people I am very disturbed by
developments in Hungary. But 'rogue state' is not a phrase I would use. Hungary
has not stopped being a democracy," Grant said. A more probable scenario
was that Orbán's anti-free-market policies would eventually end with him
"eating humble pie" and asking for EU and IMF help.
The impact of Orbán's behaviour on EU influence in the
world is another worrying issue. Angela Merkel, Germany's chancellor, has
warned Europe's collective authority in dealing with abusive regimes could be
undermined. If Hungary's flouting of EU standards goes unpunished, other EU
states with questionable human rights and civil liberties practices may feel
encouraged to persist. And what is EU candidate Turkey, often accused of
curtailing media freedoms, to make of it all?
There is certainly a strong whiff of double standards in
Hungary's treatment. Susi Dennison, a policy fellow at the European Council on
Foreign Relations, said many European countries could be accused of flouting
the spirit if the not the letter of EU law: Italy and Malta for their handling
of asylum seekers; France and Slovakia for their treatment of Roma; and Poland
and the UK for their covert collaboration with torture-related terrorist
renditions. Human Rights Watch's 2010 annual report also lists numerous abuses
in EU countries. Hungary was easier to pick on because it's small, Dennison
said.
The controversy has sparked an overdue discussion about
maintaining common standards, Dennison said. "Until recently EU
governments and the Commission have found it inappropriate to discuss domestic
affairs at a European level, and certainly not in public … Instead they operate
a gentlemen's club …" she said in an ECFR analysis. But now, outrage over
Orbán's antics suggested "the long-standing civil society message [is]
finally being heard: that breaches of the EU's fundamental values, even in only
one member state, are still a source of collective shame."