Dutch Prime Minister Mark Rutte recently Explosive comments Hungary says, “There is no business in the European Union anymore.”
Rutte’s comments followed the adoption of the Hungarian Parliament, a law prohibiting the portrayal or promotion of homosexuality in children under the age of 18.
Hungarian Prime Minister Viktor Orban explained that the law passed on June 15 does not cover homosexuality and instead protects the rights of children and their parents.
This exchange highlights the ongoing division within the European Union, which has been brewed in recent years.
Despite protests from Rutte and 16 other European leaders, Oban’s position could actually be supported by Article 34 of the United Nations Convention on the Rights of the Child, ratified by Hungary in 1991. There is.
This clause imposes an obligation on the nation-state to protect children from “all forms of sexual exploitation and sexual abuse” and in order to achieve this, “all appropriate … preventive measures … (c). ) Children’s exploitative use and material in pornographic performances. “
However, Orban critics argue that the law deprives vulnerable youth of the support they need and downplays the LGBT community.
From a legal point of view, Rutte’s comments are noteworthy because they raise the question of how the European Union can expel one of its member states.
Still, the European Union Treaty says nothing about the “expulsion” of member states. Instead, it provides a procedure for “suspending” the rights of existing members.
Article 7 (1) of the European Union Treaty (TEU) states that four-fifths of all Member States “have a clear risk of serious breach by Member States after obtaining the consent of the European Parliament. There is a possibility of doing so. ” The values mentioned in Article 2 of the Convention. “
The values set out in Article 2 support the Union and usually need to be respected by future countries wishing to join the block.
“The Union is established on the values of respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of those in the minority.” ..
The obvious issue is the perceived or actual ambiguity of the language of Article 2. The notions of human dignity, freedom, democracy and equality are empty ships, the meaning of which must be filled by politicians and sometimes by activist judges. They are words that notoriously mean what interpreters want them to mean.
Under Article 7 (2) of the TEU, the European Council, consisting of heads of state, may determine the existence of a “serious and persistent breach of the values of Member States”.
If a breach is decided, the Union may decide to suspend certain rights derived from the Convention, including suspension of voting rights of national representatives, in accordance with Article 7 (3).
However, no mention is made of the “expulsion” treaty. Moreover, in this context, it is useless to argue that expulsion constitutes a “permanent suspension”, as the concept of suspension still considers the suspended member states to retain membership.
After all, the European Council has failed to reach the “unanimity” required under Article 7 (2) of the TEU to suspend Hungary, especially the Polish Prime Minister Mateusz Moravietski. The leader has no problems. Under Hungarian LGBT law.
The Rutte explosion is a sign of frustration felt in the European Union about Hungarian legislative records. In fact, for the past decade, Orban’s ruling Fidesz party has repeatedly and consistently adopted legislation that most members of the Union considered controversial and relentlessly criticizing.
For example, Hungary adopted a banking law in 2021 that limits the independence of central banks.
It also adopted a law condemning the opposition Hungarian Socialist Party. Crimes committed by the former ruling Communist Party..
In 2018, the Hungarian government nearly doubled the overtime that employees can work to address the Hungarian labor shortage. The law raised allegations that Hungary had adopted the “slave labor” law. This was despite the employees having the freedom to refuse the extra time offered.
In 2020, the Court of Justice of the European Union declared Hungarian law, forcing George Soros-backed universities to move from Budapest to Hungary. Did not comply with federation law..
The current controversy over the protection of children is significant, not because it encourages legal scholars to refute the coalition’s power to expel Member States, and in any case there is no legal basis for it. Because it was opened. Or worsened, the existing division between members of the eastern block of the coalition and its dominant, perhaps wealthier members of the west.
It’s essentially a battle for lifestyle, progressive policies, and traditional values.
If these Eastern European countries, such as Hungary and Poland, enter Russia’s sphere of influence, it could pose an existential problem to the Union.This is unlikely, but so-called in Russia “Homosexuality Promotion Law” It prohibits the promotion of non-traditional sexual relationships between minors.
The danger is that such divisions will shake the foundations and values that underlie the European Union and further question its existence.
Gabriël A. Moens is an emeritus professor at the University of Queensland, Vice President and Dean of Law at Murdoch University. Moens teaches extensively in Europe, the United States, Asia and Australia and is a co-author of “European Union Commercial Code”. He published a novel, “Twisted Choice,” about the origin of COVID-19 disease.
The views expressed in this article are those of the author and do not necessarily reflect the views of The Epoch Times.