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The EU is suing Hungary and Poland, and voices are being heard about leaving the union

“Disobedient” members again targeted for gay rights, judicial reform and refugees

A new batch of fierce disputes broke out between Brussels, on the one hand, and Budapest and Warsaw, on the other. The European Commission has launched lawsuits against the two countries over their policies against homosexuals. In addition, the EU plans to extend the deadline for approving Hungary’s national recovery plan without giving a specific reason for the delay. Poland, meanwhile, has decided not to comply with a ruling by the European Court of Justice calling for a halt to the country’s controversial judicial reform. In both “disobedient” member states, votes to leave the EU are beginning to rise.

What are they for?

disputes?

The European Commission announced on Thursday that it has opened infringement proceedings against Hungary and Poland on issues of equality and the protection of fundamental rights.

In Hungary, criminal proceedings are linked to a recently adopted law banning minors from accessing content that reflects a different sexual orientation or gender reassignment. Last week, EC chief Ursula von der Leyen warned that the EU would use “all available powers” to push for the repeal or amendment of a Hungarian law banning schools from using materials believed to promote homosexuality.

Prime Minister Victor Orban says the anti-pedophilia law is for the protection of children and that parents should educate their children about sexuality. Opponents say the law links pedophilia to homosexuality and denounces the LGBT + community (lesbians, gays, bisexuals, transgender people, etc.).

“The European Parliament and the European Commission want us to launch LGBT + activists and organizations in kindergartens and schools. Hungary does not want that, Orban said. “Brussels bureaucrats have no business here at all.”

For Poland, the EC considers that it has not fully and adequately responded to the investigation into the nature and impact of the so-called areas free of LGBT + ideology, separated by several Polish regions and municipalities.

Both countries

have two

months to respond,

otherwise the EC may proceed with the criminal proceedings and refer the matter to the Court of Justice.

Separately, the European Commission has extended the deadline for approving Hungary’s recovery plan by 7.2 billion euros. No details were given from Brussels, but discussions with authorities in Budapest included questions about the country’s commitment to fighting corruption, ensuring transparency and the independence of the judiciary. EU Economy Commissioner Paolo Gentiloni said the discussion on the money did not specifically include the LGBT + law, although the EC did not approve the Hungarian measure.

So far, Brussels has received 25 national recovery and sustainability plans. Only those of Bulgaria and the Netherlands are missing. Of these 25 plans, 16 have been approved by the EC and 12 by the EU Council. This means that member states have not yet said yes to the packages of Cyprus, Croatia, Lithuania and Slovenia.

The EC has also filed a lawsuit against Hungary for unlawfully restricting access to the asylum procedure. EU rules require countries to provide non-EU nationals with an effective way to apply for international protection. As required by Hungarian law, before they can apply for protection in Hungary, people must first apply for asylum at a Hungarian embassy outside the EU and obtain a special entry permit for this purpose.

The Commission considers that this rule constitutes an unlawful restriction on access to the asylum procedure.

Whether Poland will leave the EU is a question that analysts keep asking. The reason for this is another scandal with Brussels, after the Constitutional Court in Warsaw refused to comply with the decision of the European Court, condemning the judicial reforms in the country.

The European Court of Justice has ruled that disciplining judges in Poland is contrary to Union law. According to the Constitutional Tribunal of Poland, however, the order of the Court of Justice of the EU to freeze the activities of the so-called disciplinary chamber of the Polish Supreme Court contradicts the Polish constitution and therefore has no legal force in the country.

The institution in question, in addition to many other rights, may waive the immunity of judges or reduce their remuneration. The position of the European Court is that this inadmissibly threatens the independence of the judiciary in the country.

In the last few years, Poland’s ruling Law and Justice Party (PiS) has carried out a major reform of the judiciary, arguing that it makes it more effective and removes the remnants of communist influence. But opposition parties, human rights groups and the EC have said giving the justice minister additional control over judges, removing some and imposing others – possibly for political reasons – undermines the court’s independence.

Dutch MEP Jeroen Lenaers commented that “the refusal to comply with the rulings of the European Court of Justice in Poland is a clear step towards removing Poland from the EU.” “We are afraid that

the Polish government

is on its way to Polexit ”,

he added.

Former Polish Prime Minister and former President of the EU Council Donald Tusk wrote on Twitter that “not Poland, but Kaczynski and his party are leaving the EU.”

“Only we Poles can successfully oppose. Because, contrary to the PiS propaganda, no one in the union forcibly detains anyone, “Tusk added.

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