The Hungarian government has violated the fundamental principles of academic freedom by imposing restrictions on the activities of the Central European University. This was concluded by the Court of Justice of the European Union on Tuesday, October 6.
IN SHORT:
- In 2017, Hungary passed a law with requirements for universities.
- This made it difficult for the Central European University to operate in Budapest.
- The dialogue with the Orbán government was not successful, the EC referred the matter to the EU Court of Justice.
- Court: Violation of the principles of free provision of services, academic freedom.
- Court of Justice: Hungarian law on higher education violates WTO rules.
- While the proceedings were pending, the Central European University moved to Vienna.
- The EP is debating offenders, calling for penalties.
The Court of Justice of the European Union has ruled on another harsh verdict on the Hungarian Government’s violations. This time it is a crackdown on the Central European University, founded in 1991 by billionaire George Soros.
In 2017, the Hungarian government introduced additional requirements foreign universities, which made it very difficult for the Central European University to operate in Budapest, which forced it to relocate to Vienna.
Court of Justice: Hungary violates fundamental principles of academic freedomArtyom Konohov00:00 / 02:32
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As the dialogue with Victor Orban’s government was unsuccessful, the European Commission took the matter to the European Court of Justice. And it concluded that not only the principles of freedom to provide services but also academic freedom, as enshrined in the European Charter of Fundamental Rights, had been violated.
The court also concluded that the Hungarian law on higher education violates the rules of the World Trade Organization.
However, for about three years during the proceedings in Luxembourg, the Central European University was forced to move from Budapest to Vienna. There is now only a small part of university activities left in Hungary.
The judgment in the Central European University case was handed down at a time when MEPs are debating a mechanism for fines against countries that do not respect the fundamental principles of democracy and the rule of law.
Many of them believe that only effective fines can deter governments from turning to NGOs, freedom of the media, and the independence of the judiciary and universities.
It is therefore suggested that such countries could be denied access to European Union funds.
However, the compromise recently proposed for discussion by the Member States provides for the suspension of fund spending only in cases of corruption and if there is a suspicion that European funds are being misused.
Daniel Freind, a German MEP, has said that judges alone cannot fight the actions of the Orbán government. Therefore, an effective fine mechanism is needed.
By contrast, Richard Legutko, a Polish Conservative MEP, has said in the past that this creates a dangerous tool in Europe for governments to punish for their political ideology.
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