Index – National – Veto, what is it?



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The history of the veto (in Latin veto, that is, “I forbid”), like much of everything in history, goes back to ancient Rome, when the popular court with its veto annulled the decision of the Senate. The veto right developed from this law now entitles a person or body to prevent a decision or legislation from entering into force.

The veto is also unknown in Hungarian law. For example, the head of state has two types:

  1. If you do not agree with a law or one of its provisions, you can return it to Parliament for consideration before signing. (political veto);
  2. If it considers an approved law or any of its provisions to be unconstitutional, it will forward it to the Constitutional Court for examination before signing it. (constitutional veto).

Veto in the European Council

There are also many examples of veto rights in international law. The Hungarian and Polish governments of the European Union now want to live with this. But what is at the bottom?

In recent weeks it has been debated whether or not the payment of EU funds may be subject to so-called rule of law conditions. A new regulation would detail the procedure (mechanism) that, at least according to its drafters, would allow the protection of the EU budget if it is established that an infringement of the rule of law in a Member State seriously affects or compromises the efficient and effective use of the EU funds.

There are currently three areas of intense debate:

  1. a regulation on sanctions for infringements of the rule of law, and
  2. adopt a recovery fund of 750,000 million euros to alleviate the coronavirus crisis qualified majority (represents the support of 15 of the 27 Member States, representing 65% of the EU population); While
  3. However, for the adoption of the EU budget of 1.1 trillion euros in the European Council, support to all Member States, that is full agreement necessary.

At a meeting of ambassadors in mid-November, Hungary and Poland indicated that they wanted to use their veto power to prevent payments from being subject to the rule of law.

Therefore, the European Council, which brings together the leaders of the EU Member States, cannot present the budget to the European Parliament without full agreement.

According to the Hungarian-Polish position, if the union leadership really wants to approve the budget for 2021-2027 and the regulation on the recovery fund, it will separate from them and the question of regulation of the rule of law will be postponed in time.

Szijjártó asks for more negotiations

After Monday’s meeting of the EU Foreign Ministers in Brussels, Péter Szijjártó, Minister for Foreign Affairs and Trade, said:

Hungary and Poland believe that further negotiations are needed to reach a position adopted by consensus. They see an opportunity to reach an agreement, as both countries are committed to the rule of law.

According to Szijjártó, there is a hypocritical debate about the rule of law mechanism to be introduced, as those who want to violate EU treaties by depriving Hungary of a right guaranteed by the treaties speak of the importance of the rule of law.

“We must not connect things that have nothing to do with each other,” the Minister of Foreign Affairs and Foreign Affairs referred to the EU budget, the financial rescue package and political conditionality.

Gergely Gulyás doesn’t see many possibilities

Gergely Gulyás, the prime minister, doesn’t see much of a chance for a compromise on the veto, and even believes there may be a protracted crisis. Balázs Orbán, Parliamentary and Strategic Secretary of State, expressed his opinion on the matter at the online roundtable on Monday. “The One with Hungarian Strategic Thought” it was presented.

According to the ATV report, the minister said in relation to the situation that had arisen, the Germans had a key responsibility in allowing Europe to get into a situation where debates were raging over false accusations that had no good solution. He added that what would be acceptable to us today would be a failure of the Dutch Prime Minister in the election campaign.

We got here, now we don’t know what the solution will be. We are ready for rational compromises, but this should not mean abandoning the national interest in any way.

– said Gergely Gulyás, who also recalled that at that time the new EU constitution did not come into force – although its most important points were transferred by the Lisbon Treaty – because France and the Netherlands rejected it in a referendum. At that time, no one thought, the minister continued, that the veto of France and the Netherlands had ruined many years of constitutional work, “it would not be democratic”, it would not be acceptable in the then European Union of ten member states.

Orbán’s three former ministers also warn against caution

Three former ministers of the Orbán government also expressed their opinions at the round table.

  • According to former Minister of Justice and Public Administration Tibor Navracsics, he sees nothing objectionable in principle that Hungary and Poland are vetoing the prospect. According to him, every member state has the right of veto in cases where unanimity is required for the adoption of a decision. However, he added that

we are up against the European Union in too many areas.

  • According to István Stumpf, chancellor of the first Orbán government, a former constitutional judge said there was a serious controversy behind the conflict and that the most serious debate was whether the European Union was moving towards federalization or whether national states could defend their fundamental rights. He believed that the future of Europe could not be decided without the consensus of the small states.
  • According to former Foreign Minister János Lázár, the current veto is related to our own economic room for maneuver. At the same time, the former Chancellor of the Republic was right with Tibor Navracsics that

many are provided on one sheet. This would simplify the veto.

Top image: Prime Minister Viktor Orbán (b) and Polish Prime Minister Mateusz Morawiecki (j) will hold a meeting in Warsaw on November 30, 2020. For the second time in a week, the two heads of government will meet in person , and today’s bilateral meeting aims to discuss further steps in the EU budget negotiations and the upcoming EU summit. MTI / Prime Minister’s Press Office / Zoltán Fischer



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