Hungary used abstention article to circumvent unanimity on accession

“A Abstention of members present or represented does not prevent the adoption of European Council deliberations that require unanimity”, states article 235 of the Treaty on the Functioning of the European Union (EU).

The figure present in community legislation allowed Hungary to abstain from this decision, which enabled the European Council to give the ‘green light’ today to formal EU accession negotiations with Ukraine and Moldova, according to community sources.

The same European sources told Lusa that they had “no memory of this figure being used” in the European Council.

The announcement was made by the President of the European Council, Charles Michel, speaking of a “clear sign of hope” for these countries.

Charles Michel’s spokesperson later told the press in Brussels that “the European Council took a decision and no one contested it”, after Hungary had threatened to veto the decision to open formal negotiations with Ukraine due to related concerns. with corruption in the country.

Meanwhile, European sources indicated that, when European leaders were making the decision on opening formal negotiations with Kiev, Hungarian Prime Minister Viktor Orbán left the room, although he was aware of the vote.

Other European sources reported that, at the time the decision was adopted, Orbán “momentarily absented himself from the room in a previously agreed and constructive manner”.

“Ukraine’s accession to the EU is a bad decision. Hungary does not want to participate in this bad decision,” Orbán wrote on the social network Facebook.

In the same publication, and in a video message, Viktor Orbán highlighted that “this decision to start negotiations makes no sense, is irrational and incorrect, with Ukraine in these conditions”.

Stressing that “Hungary will not change its position”, Orbán indicated that “the other 26 member states insisted that this decision would have to be taken”, which is why Budapest understood that these countries “should follow their own path”, without Hungarian participation.

Ukraine and Moldova have EU candidate country status since mid-2022.

Today’s decision to open formal negotiations comes after the community executive recommended, in mid-November, that the Council move forward in the face of efforts made by Kiev to comply with requirements on democracy, the rule of law, human rights and respect and protection of minorities, although imposing conditions such as combating corruption.

Brussels stressed that Ukraine must make progress that will be assessed in a report to be published in March 2024.

Enlargement is the process by which states join the EU, after meeting political and economic requirements.

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