CJEU dismisses Hungary's Article 7 challenge


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The Court of Justice of the European Union (CJEU) dismissed a challenge by Hungary of the European Parliament's vote on a resolution triggering an Article 7 procedure against the country, according to state news agency MTI.

The resolution was approved on September 12, 2018, with a vote of 448 for 197 against and 48 abstentions, but only the votes cast for or against were taken into account when determining whether the required two-thirds majority had been reached.

Hungary had argued the abstentions should have been counted, noting that rule 178 of the EP's rules of procedure stipulate that "in calculating whether a text has been adopted or rejected, account shall be taken only of votes cast for and against, except in those cases for which the Treaties lay down a specific majority."

Article 354 of The Lisbon Treaty requires "a two-thirds majority of the votes cast" by the EP to trigger the Article 7 procedure. In its ruling yesterday, the CJEU said MEPs' abstentions do not have to be counted to determine whether the majority of two-thirds of the votes cast, referred to in Article 354, has been reached.


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