🇪🇺EU Council to Discuss Escalating Article 7 Proceedings Against Hungary Over Rule of Law Breaches
The EU Council will revisit the Article 7 case against Hungary on 27 May, as pressure mounts to uphold the rule of law and possibly suspend Budapest’s voting rights.
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In what promises to be one of the more contentious meetings of the General Affairs Council (GAC) in 2025, the European Union is once again preparing to confront the long-term concerns regarding Hungarian compliance with the rule of law.
On 27 May, EU ministers will resume the long-term discussions on the Article 7 procedure, an extraordinary political mechanism that, at its most severe, can strip a member state of its voting rights in the Council of the EU.
This is not new territory for Brussels. In fact, this procedure was triggered against Hungary nearly seven years ago, but was stalled due to Orban’s political alliance with Poland, which prevented a successful vote.
However, things have changed with Poland having voted against the Eurosceptic so-called ‘Peace and Justice Party’ and installing former Council President Donald Tusk as Prime Minister. This led to a similar Article 7 procedure against Poland ending, due to renewed compliance with European rule of law.
Combine this with the increasingly aggressive attempts to manipulate the European citizenry with fake news, misinformation, and disinformation, led by the American far-right, Vladimir Putin’s bot farms, and other allies of Viktor Orban’s coalition of autocrats, there is now rising urgency among Member States to make a definitive move that could reshape the nature of EU governance and the Union's internal cohesion.
But first, let’s have a quick tutorial on ✨European Law✨
What is Article 7?
Article 7 of the Treaty on European Union (TEU) is often referred to as the EU’s nuclear option. It exists to protect the core values enshrined in Article 2 of the Treaty:
“The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.”
Article 7 provides a two-stage mechanism: Firstly, a preventive stage under Article 7(1) when there is a “clear risk of a serious breach” of EU values by a Member State:
1. On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure.
The Council shall regularly verify that the grounds on which such a determination was made continue to apply.
Following on from this, there’s the sanctions stage under Article 7(2), which can lead to the suspension of rights, including voting rights in the Council:
2. The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.
For Hungary, the preventive phase was initiated on Wednesday 12 September 2018 by the European Parliament, when it adopted a reasoned proposal citing extensive concerns over judicial independence, media freedom, academic rights, corruption, and minority protection.
What’s happening on 27 May?
The upcoming GAC session will be the latest in a long line of discussions on this topic, with the most recent taking place on 25 June 2024, where the European Council examined whether it had made progress on addressing the values-based concerns raised by the European Parliament.
These hearings are governed by standardised procedures, adopted in 2019, that ensure fairness, transparency and consistency in how Member States are scrutinised. Under these rules, Hungary is expected to present its views, followed by a round of questions from other Member States. The Commission may also weigh in with its assessment.
What will follow, however, is not a decision, or at least not immediately. The presidency will conclude with procedural observations, without passing judgment on the substance.
But make no mistake: the tone and content of this hearing could set the stage for a decisive turning point. Ministers may begin to consider moving from the Article 7(1) phase to the more severe Article 7(2) procedure, a shift that would require unanimity among Member States, minus the one being judged.
Why does this matter?
Hungary’s case has become a litmus test for the EU’s ability to enforce its own standards. The 2018 proposal from the European Parliament was damning. It alleged “a clear risk of a serious breach” of EU values and listed concerns ranging from the undermining of judicial independence and the use of state media for political purposes to systemic corruption and the erosion of minority rights.
The European Parliament noted that the Hungarian authorities had failed to make substantive reforms despite repeated engagement from Brussels. NGOs, civil society groups and international organisations, including the UN and the Council of Europe, have all raised similar alarms.
At a time when democratic backsliding is not a theoretical risk but an observable phenomenon in several parts of the world, how the EU handles this case will reflect on its credibility as a rule-of-law-based union.
What could come next?
If Hungary is found to be persistently in breach of EU values, the Council could move to adopt sanctions. That process would involve a separate unanimous vote under Article 7(2) — a high threshold that, politically speaking, has so far been unreachable.
Some Member States, particularly those with similarly strained relations with the Commission, have previously expressed reluctance to escalate proceedings. Yet political winds shift. Hungary’s ongoing friction with the EU over judicial reforms, media consolidation, and controversial legislation such as NGO, anti-LGBTI and education laws has narrowed the patience of several capitals.
If the GAC chooses to advance the procedure or issues a more definitive political rebuke, it will have consequences not just for Hungary, but for the EU’s capacity to self-police.
A suspension of the Hungarian vote would even free up the Council for major votes related to changes to the European treaties, and have a strong impact on the development of the European Union.
The bigger picture
In the shadow of upcoming European elections and amid shifting geopolitical currents, the Union must decide whether it is prepared to enforce the values it claims to uphold or whether it will continue to muddle along.
The outcome of this hearing may not lead to an immediate suspension of rights, but it will sharpen the lines in an increasingly fractious debate over what it means to belong to the European project.
What’s at stake is not just Hungary’s standing within the bloc, but the EU’s ability to act decisively when its democratic foundations are tested and the future developments of our Union.
Luckily, there is some potentially good news on the horizon, with polls for the upcoming 2026 Parliamentary Elections in Hungary showing that Péter Magyar’s TISZA is moving ahead of Orban’s Fidesz, and if this holds true on election day, we may very well see positive changes.
The meeting on 27 May will likely not bring a final verdict, but it can be a step in the right direction for our Union’s internal political integrity. As Member States gather once again in Brussels, the message from the Union must be clear: values are not negotiable, and silence cannot be the price of unity.
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Well, better later than never. But sadly, the Commission should have acted almost 15 years ago
Long overdue