Debate sparked in EU about whether to withdraw Hungary's Council presidency following Orban-Putin meeting

By Melike Pala

Hungarian Prime Minister Viktor Orban's surprise visit to Moscow earlier this month triggered reactions within the EU and sparked debate about whether Hungary should be stripped of its EU presidency, which began on July 1.

Orban's visit to Russia, which he described as a "peace initiative," provoked criticism from EU officials and many member states.

Orban was sharply criticized by European leaders, including EU Council President Charles Michel, Commission President Ursula von der Leyen, and foreign policy chief Josep Borrell.

"The EU rotating presidency has no mandate to engage with Russia on behalf of the EU," Michel wrote on X.

Borrell said the Hungarian prime minister is not "representing" the EU in any form.

- Yellow card for Orban from EU ambassadors

EU ambassadors in Brussels convened on July 10 to discuss Orban's visits to Russia and China, as well as the future of Hungary's EU presidency.

The ambassadors condemned Orban for using the presidency and EU symbols during the visits, stating he harmed the unity of the 27 countries and acted contrary to treaties.

They expressed discomfort with Hungary's diplomatic visits since the start of its presidency.

Describing Orban's actions as a "violation of rules," the ambassadors underscored the obligation of the country holding the EU Council presidency, which lacks foreign policy authority to collaborate with other member states.

Hungary argued that Orban conducted the visits not on behalf of the EU but solely in his capacity as prime minister, aiming to assess cease-fire possibilities in the Russia-Ukraine war.

While no concrete decision emerged from the meeting and no signal was given about stripping Hungary of the presidency, a diplomat at the meeting described the discussion as a "yellow card" for Orban.

It was alleged that some member states were individually considering boycotting informal ministerial-level meetings hosted by Hungary during its six-month presidency.

- Calls to end Hungary's EU Council presidency

Leaders of political groups in the European Parliament held a meeting Thursday to discuss possible sanctions, including boycotting and early termination of Hungary's presidency, citing similar reasons.

Meanwhile, liberal parties Renew Europe and the Greens in the European Parliament expressed concern about Orban's presidency and called for its withdrawal.

"The Hungarian prime minister is undermining the positions approved by the European Union and is acting against our interests, and this must be stopped,” said Valerie Hayer, president of Renew Europe. "It is time to rein in Viktor Orban’s rogue Presidency of the Council.”

The liberals urged the EU Council and Commission to take responsibility and initiate necessary steps, including potentially invoking Article 7, which could lead to a suspension of Hungary's voting rights.

In a letter from the Greens addressed to Michel, von der Leyen, and Borrell, they argued that Orban's visit to Russia blatantly violated the principle of sincere cooperation in Article 4 of the EU Treaty, highlighting that it damaged the union's reputation.

They encouraged the EU Council and Commission to utilize all tools to address the issue.

- Is it possible to withdraw the presidency?

Taking away the presidency of a member state before its term ends is unexpected and complex, as there is no direct legal mechanism in EU treaties specifically addressing the situation.

One option involves diplomatic channels and political pressure, which could lead the country in question to voluntarily step down from its role.

If a request for resignation from the presidency is made and consensus is reached among member states and EU institutions, the Council can approve the transfer of the presidency to the next country in line.

This scenario, however, seems unlikely for Hungary, which has not compromised on its policies despite disagreements with the EU and member states in recent years.

EU member states could vote to change the presidency schedule and appoint Poland instead of Hungary.

But for that to happen, Michel would need to propose a motion based on the relevant article of the Treaty on the Functioning of the European Union.

Furthermore, most EU members are hesitant about the idea because they fear it would weaken the principle of the rotating presidency, which gives smaller countries a chance to influence the EU agenda and could set a precedent.

Changes to EU treaties that govern the functioning of institutions could fill legal gaps regarding such situations.

But given that treaty amendments require consensus among all member states and approval according to national procedures, it is also not expected to happen soon due to its complexity.

Another approach could be imposing sanctions by suspending certain rights of the country holding the presidency, although not directly related to the presidency itself.

Mechanisms such as Article 7 of the Treaty on EU could be used as a tool in extreme cases where a member state's actions are seen as violating EU values.

- What is Article 7 of the Treaty on EU?

Article 7 of the Treaty on EU is known as a mechanism aimed at ensuring that all EU member states respect the bloc’s common values, including respect for human rights such as dignity, freedom, democracy, equality, the rule of law, and the rights of persons belonging to minorities.

The article includes two mechanisms: preventive and sanction mechanisms.

The preventive mechanism is used to determine if there is a "clear risk of a serious breach" by any member state of the bloc’s values.

Preventive measures can be taken in the form of a decision requiring a qualified majority in the Council, following approval by the European Parliament.

The sanction mechanism allows for sanctions to be imposed on a member state found to have violated the bloc’s values.

For this to be possible, there must be unanimity among other member states, excluding the concerned country, and approval by the European Parliament.

If those conditions are met, certain rights of the country in question, including its voting rights in the Council, can be suspended.

In 2022, the EU conditioned the allocation of funds from the budget to Hungary under the conditionality mechanism due to long-standing concerns about the misuse of EU funds, falling within the scope of Article 7.

That procedure is ongoing.

*Writing by Muhammed Enes Calli