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Orban Issues Budapest Decree Supporting Poland During EU Tension

Orban Issues Budapest Decree Supporting Poland
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Inserts in parentheses are for clarification and explanation of the arcane Hungarian language into “more” proper English and current legal terminology. Emphases are his.

(BUDAPEST) Oct 9, 2021

EXECUTIVE SUMMARY: IN THEIR PERSISTENT ATTACKS ON POLAND AND HUNGARY, THE HOSTILE EUROPEAN PARLIAMENT SEEKS TO REVOKE AGREED-TO TERMS OF THE TREATIES THE TWO NATIONS SIGNED, AND SEEKS TO DEPRIVE THE RIGHTS OF MEMBER STATES HUNGARY AND POLAND, AND ANY OTHER WHO WILL PUSH BACK THE BOOTS OF GEORGE SOROS’ BRIBED POLITICIANS ON THEIR FACES.

“…Earlier today, Prime Minister Orbán signed a government decree that welcomes the decision the Constitutional Court of the Republic of Poland on the relationship between national law and European Union law. The PM called on the European Union institutions to respect the limits of the sovereignty of the Member States in their operations, Bertalan Havasi, the Prime Minister’s press chief, announced on Saturday.

The decree of the Hungarian government states the decision of the Constitutional Court of the Republic of Poland was prompted by bad (AGB “improper” or “illegal”) practice of the European Union institutions, which disregards the principle of subsidiarity (REF 1) and seeks to deprive the rights of the Member States, rights never conferred to the European Union, by stealthy extension of powers without amending the Treaties of the European Union.

The primacy of EU law can take precedence only in areas where the European Union has competence (AGB – “standing”), the framework of which is laid down in the Treaties of the European Union (AGB –  signed by member states), as they wrote (AGB – “as attested to”).

As Gergely Gulyás, the minister heading the Prime Minister’s Office, observed: European institutions are attempting to misinterpret the clear decision handed down by the Polish Constitutional Court. According to Gulyás, the debate is not about whether EU law has primacy over national law, but about the areas where it does have (AGB – “it”).

The decree puts emphasis on the duty of the European Union institutions to respect the national identities (AGB – “sovereignty”) of the Member States, which form an integral part of their fundamental political and constitutional order. In addition to the European Union institutions, the law enforcement bodies of the Member States, in particular the constitutional courts and tribunals, are entitled to examine the scope and limits of the European Union’s competences (AGB: “standing,” “authority.”

In the decree signed by PM Orbán, the Hungarian government calls on the European Union institutions to respect the limits of the sovereignty of the Member States in their operations, the press chief explained.

The following is the full text of the decree:

—————

Decree

On the Hungarian position in relation to the decision of the Constitutional Court of the Republic of Poland on the relationship between national law and European Union law


1. The Government of Hungary welcomes the decision of the Constitutional Court of the Republic of Poland on the relationship between national law and European Union law.

2. In accordance with the decision under point 1, the Government of Hungary states that

a) the decision of the Constitutional Court of the Republic of Poland was prompted by bad practice of the European Union institutions, which disregards the principle of subsidiarity and seeks to deprive the rights of the Member States, rights never conferred to the European Union, by stealthy extension of powers without amending the Treaties of the European Union;

b) the primacy of EU law can take precedence only in areas where the European Union has competence, the framework of which is laid down in the Treaties of the European Union;

c) the institutions of the European Union have a duty to respect the national identities of the Member States, which form an integral part of their fundamental political and constitutional order;

d) in addition to the European Union institutions, the law enforcement bodies of the Member States, in particular the constitutional courts and tribunals, are entitled to examine the scope and limits of the European Union’s competences.


3. The Government calls on the Minister of Justice to present the position of the Government of Hungary to the Member States and institutions of the European Union.

Responsible: Minister of Justice
Deadline: immediately

4. The Government calls on the European Union institutions to respect the limits of the sovereignty of the Member States in their operations.

REF:

The principle of subsidiarity

In areas in which the European Union does not have exclusive competence, the principle of subsidiarity, laid down in the Treaty on European Union, defines the circumstances in which it is preferable for action to be taken by the Union, rather than the Member States.

Legal basis

Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality.

Objectives

The principles of subsidiarity and proportionality govern the exercise of the EU’s competences. In areas in which the EU does not have exclusive competence, the principle of subsidiarity seeks to safeguard the ability of the Member States to take decisions and action and authorises intervention by the Union when the objectives of an action cannot be sufficiently achieved by the Member States, but can be better achieved at Union level, ‘by reason of the scale and effects of the proposed action’. The purpose of including a reference to the principle in the EU Treaties is also to ensure that powers are exercised as close to the citizen as possible, in accordance with the proximity principle referred to in Article 10(3) of the TEU.
AGB: The problem is that the EU monolith, their economies, as well as their currency, is failing, and they cannot “safeguard the ability of the Member States to take (independent) decisions and action,” and “the objectives of an action can be sufficiently achieved by the Member States, but not better achieved at the Union level…”

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1 comment

Walkin O'Shea October 13, 2021 at 5:57 pm

Wonderful push back by Hungary and Poland. George Soros would like to see individual states lose their national status in favor of a New World Order controlled by none other then himself. The only two real countries left in Europe who are independent and free to choose their own paths. Kudos to the Hungarian and Polish People.

Csodálatos visszalépés Magyarország és Lengyelország részéről. Soros György azt szeretné, ha az egyes államok elveszítenék nemzeti státuszukat az Új Világrend javára, amelyet senki más nem irányít. Az egyetlen két igazi ország maradt Európában, akik függetlenek és szabadon választhatják meg saját útjukat. Köszönet a magyar és a lengyel népnek.

Cudowne odepchnięcie Węgier i Polski. George Soros chciałby, aby poszczególne stany traciły swój status narodowy na rzecz Nowego Porządku Świata kontrolowanego przez nikogo innego niż on sam. Jedyne dwa prawdziwe kraje, które pozostały w Europie, są niezależne i mają swobodę wyboru własnej drogi. Kudos dla narodu węgierskiego i polskiego.

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