IN FOCUS
By Padmashree Anandhan

European Parliament reports Hungary as “hybrid regime of electoral autocracy”: Findings and recommendations

On 15 September, European Parliament adopted a report highlighting Hungary breach of Article 7 on protection of EU values and rule of law and EU’s indecisiveness. In the voting held, 433 voted in favour while 123 voted against, and 28 abstained from voting on adopting the report. The European Parliament began monitoring the binding of Hungary of Article 7 in 2018 in 12 areas namely, functioning of constitutional and electoral system, independence of the judiciary, corruption, data protection, and freedom of academic, religion, and association. It was to relook into Hungary’s accession into the EU.

On 17 September, Victor Orban's Chief of Staff, confirmed on the submission of legislation that includes establishing of "anti-corruption watchdogs" to examine the use of EU funds. The spokesperson assured to comply to EU's regulations and to negotiate on those to reach settlement with the EU.

On 18 September, the European Commission taking the European Parliament’s proposal into account announced its plan to forfeit EUR 7.5 billion of EU funds to Hungary. The decision comes over concerns of breach of rule of law and misuse of the EU funds. In response Hungary’s Justice Minister Judit Varga said: “The European Parliament is, by definition, a political institution, therefore it operates with majorities of political ideologies, their political mission is to carry out a witch hunt against a country which doesn’t accept having its political ideology determined by the European Parliament.”

With the release of the report, it found that important provisions in the Article 2 and 7 which included democracy, fundamental rights, judicial independency had declined since 2018. As per the report: “stresses that the Hungarian Government bears responsibility for the restoration of compliance with EU law and the values enshrined in Article 2 TEU and expresses deep regret that the lack of decisive EU action has contributed to a breakdown in democracy, the rule of law and fundamental rights in Hungary, turning the country into a hybrid regime of electoral autocracy, according to the relevant indices.”

Findings of the report
The report found the breach of values mentioned in the following Articles of Treaty of the European Union (TEU) in terms of “human dignity, freedom, democracy, equality, rule of law,” and fundamental rights which are equal to all the member states. As per Article 2, a violation of EU’s fundamental values by any member states means “an attack” on people’s freedom, political and social rights. Article 4 (3) mandates the EU and its member states to help each other and obliging to the treaties of the EU. Article 19 TEU requires the following of the rule of law and imposes responsibility on the member states to ensure the application of EU law and judicial protection of individual rights under ECJ. Since the start of monitoring process from 2018, the European Parliament found that, past many year Hungary had been weary of the concerns raised by the EU showcasing a negative image on the EU’s credibility on defending the breached articles. It provide four key scenarios of violation by Hungary, where it plans to reroute ECJ functioning, Hungary’s resolution to limit the  power of European Parliament through appointment of the member of parliament instead of elections, and its block to EU’s restrictive measures towards Russia, pushing for a security problem and dejecting EU’s attempts to protect the values given in Article 2.

Recommendations
First, warning to European council over checking on breach of rule of law. Raising concerns over Hungary's non-binding act on EU’s values, asks Hungary to take responsibility to restore its compliance with the EU. It suggests the European Council to look into the new developments post 2018 which has further affected Hungary rule of law, and underlined that no unanimity was needed under Article 7 (1) to identify the risks of breach in the Union values, giving recommendations, deadlines and in executing the recommendations. The European Parliament warned that upon the failure to implement the recommendation would deem the council as violator of the rule of law principle.

Second, focus on the judicial independence and fund programmes. The European Parliament recommended the Council and the Commission to look into the “infringement procedures,” interim measures, and to recall the Court’s judgements which were not instrumentalized. Highlighting the application of the “Rule of Law Conditionality Regulation,” which is a tool to Article 7 which needs to be practised by all member states. The European Parliament taking account of Hungary’s misuse of the EU funds stresses the Commission to withhold or restrict fund programmes, cohesion policy leading to the misuse and to ensure enforcement of the recommendations on rule of law and judgement given by CJEU and ECHR. As an alternative to the fund allocation, it suggest the Commission to distribute funds through local governments and NGO’s upon Hungary’s refusal to cooperate in implementing the rule of law. At most priority being, the application of “Common Provisions Regulation and the Financial Regulation,” to skim down the misappropriation of funds which are at high risk with Russia’s war in Ukraine.

Third, support to civil society groups and keeping up the European identity. Last set of recommendation revolve around increasing of support to independent civil society groups. It can done through deploying a comprehensive civil society strategy to protect the rights, civic space in the EU. It also recalled the need to protect the European identity, its values which forms basis to the EU and to clearly state the costs of the breach of the EU fundamental values.

References
“Commission proposes €7.5B funding cut for Hungary but opens compromise path,” POLTICO, 18 September 2022
“Government: EU sanctions have made Russia richer and Europe poorer,” Dailynewshunagry, 18 September 2022
“MEPs: Hungary can no longer be considered a full democracy,” European Parliament, 15 September 2022
“TEXTS ADOPTED,” European Parliament, 15 September 2022

IN BRIEF
By Rishma Banerjee

MOLDOVA
Protests erupt in Moldova over high energy prices; demands resignation of government
On 18 September, Moldovans gathered in Chisinau to protests against the high inflation and rising prices of energy. Reuters reported the number of people in the city’s main square to be around 20,000, but the police estimated 6,500 people. The protest was primarily against the resignation of the pro-Western President Maia Sandu and her government. It accused Sandu on failing to tackle the rising energy prices, which increased by 50 per cent in August and by an additional 29 per cent in September. Inflation rate in Moldova is at 34.3 per cent and interest rates are 21.5 per cent. A member of the opposition Sor Party, Dinu Turcanu said: “Moldova is now in clinical death, to which the current authorities have brought it.” (Alexander Tanas, “Thousands take part in anti-government protest in Moldova,” Reuters, 19 September 2022)
 
LATVIA
Riga houses will have reduced heating temperatures to cut cost and energy usage
On 17 September ENG.LSM.lv reported on the measures taken by Latvia’s housing industry to tackle the rising prices and scarcity of energy. The Rigas Namu Parvaldnieks (RNP), which manages most apartments in Riga said that it will reduce heating temperatures for the buildings by one to two degrees Celsius. The reduction is expected to save costs by five to ten per cent. Current regulation stipulates that heating temperatures cannot be lesser than 18 degrees. However, a board member of the Jurmala City District Heating Company, Valdis Vitolins alleged that given how outdates the heating systems in most of these buildings are, it will be difficult to ensure a uniform temperature in all buildings. (“Many Rīga residents will have cooler homes this winter,” eng.lsm.lv, 17 September 2022)

SERBIA
Police arrests activists after clashes reported in EuroPride
On 17 September, Serbia’s police made over 64 arrests from the people who were taking part in Belgrade’s EuroPride march. The event, which is the pinnacle of the EuroPride programme, was banned by Serbia’s interiors ministry due to security concerns. However, LGBTQ+ activists said that they would conduct the march unofficially, even after right-wing groups threatened to hold protests. Despite the ban, the demonstrators marched from the constitutional court to a nearby park, which was a much shorter route than the original route planned by EuroPride. Other than the sporadic clashes between the demonstrators and the police, the march took place without any serious altercations. (“Serbian police arrest dozens as Belgrade EuroPride marchers defy ban,” The Guardian, 17 September)

REGIONAL
Sweden and Finland participate in NATO’s military committee meeting for the first time
On 16 September, the NATO military committee met in Tallinn, Estonia to discuss on the deterrence and defence activities decided in the 2022 Madrid Summit. The meeting marked the first time that defence forces from Sweden and Finland were invited to take part. However, the head of the NATO Military Committee, Admiral Rob Bauer said that Sweden and Finland can contribute in defence planning after all the member countries have ratified He mentioned that Sweden and Finland had been invited to “get acquainted to the procedures.” On the same issue he added that with Sweden and Finland’s accession, NATO will get more territory to defend and also have a longer border with Russia. He said: “… But we also get Finland and Sweden's armed forces that are very capable to help guard that territory and longer border. Russia will get a longer border with NATO without extra troops." (“NATO Military Committee chair: New era in global security,” ERR News, 18 September 2022)

Sweden considers contributing to defence capacity and security of Baltic region after NATO  accession
On 17 September ERR News published about a report issued by Sweden’s defence forces about contributing to the security and defence of the Baltic region, once its accession procedure is complete. The report also mentioned that the planning of Sweden’s post-accession activities have progressed “quite far.” To maintain the security of the Baltic States, Estonia, Latvia and Lithuania, Sweden can play a major role. It can contribute to NATO’s Baltic Air Policing Mission based in Estonia and Lithuania. Moreover, it can also contribute to NATO’s naval and ground forces stationed in the region. (“Portal: Sweden may contribute to Estonian defense once NATO member,” ERR News, 17 September 2022)

Hungary to propose new law amidst EU’s plan to suspend funding
On 17 September, Victor Orban's Chief of Staff, Gergely Gulyas told reporters that Hungary will submit legislation to the parliament in the coming week to tackle corruption and a lack of transparency in government spending. The legislation will be to unlock the funding for Hungary from EU’s cohesion fund. Gulyas said that in some areas, the government has accepted the European Commission’s recommendations. In other areas, it has reached a compromise with the Commission that is suitable for both parties. Gulyas also mentioned that if approved by the Parliament, the legislation could become valid from November 2022. However, on 18 September, the Commission recommended that the EU should suspend EUR 7.5 billion of Hungary’s funding over persistent rule of law issues, violations of fundamental rights and possible mismanagement of EU money. The EU Budget Commissioner Johannes Hahn spoke about how despite Hungary’s proposals to address the deficiencies, no concrete action had been taken. (“Hungary presses forward with anti-corruption plan to secure EU cash,” Deutsche Welle, 17 September 2022; Gabriela Baczynska and Gergely Szakacs, “In a first, European Union moves to cut Hungary funding over damaging democracy,” Reuters, 18 September 2022)

ECONOMY
European Commission faces criticism for upcoming Single Market Emergency Instrument
On 16 September, POLITICO reported on European Commission's new Single Market Emergency Instrument (SMEI) for handling supply-chain breakdowns. The Executive Vice President Margrethe Vestager will present the same on 19 September. The new tool, which takes into account how Europe’s economy was affected by the COVID 19 pandemic will prohibit export bans amongst EU countries, monitor in-demand products and prioritize and demand stockpiling of certain orders and goods. Companies failing to comply will be fined up to 1.5 per cent of their average daily turnover. Moreover, failing to provide correct information can also incur a fine of up to EUR 300,000. However, the new tool has been criticized as it’s apprehended to be too interventionist, conceding too much power to the Commission. Nine EU member countries, like Belgium, Denmark, the Netherlands and Slovenia have issued warnings to the Commission to not go ahead with the regulation, as it does to take into consideration some of their concerns. The European Trade Union Confederation also said that the draft also invalidates the worker’s right to strike. (Pietro Lombardi, “EU’s supply-chain plan criticized for overreaching,” POLITICO, 16 September 2022)

SCIENCE AND TECHNOLOGY
Recurrence of Polio sparks fear in the West
On 13 September, POLITCO reported on the return of the poliovirus in the West. The virus has been detected in the sewage system in London. Local authorities have asked parents to get their children booster shots and vaccination clinics have been booked out in certain areas. The Health Commissioner of New York has declared and emergency and warned people to not take the issue lightly. These cases of polio are caused by vaccine-derived poliovirus and had so far been restricted to low-income countries. It occurs when oral vaccines are deposited in wastewater through which it is transmitted to people. While generally this helps in increasing passive immunity, if enough people are not vaccinated and the spread has a long duration, the virus can mutate back to a form which causes illness and paralysis. The director of the Oxford Vaccine Group, Andrew Pollard addresses the issue and said: “It’s a wake-up call for governments and other donors that polio is not restricted only to a few, distant, low-income countries, but a reminder that we are all in the same global fight against this virus.” (Ashleigh Furlong, “A rude awakening: The return of polio to the West,” POLITICO, 13 September 2022)

War in Ukraine: Day 206 & 207
By Sai Pranav

War on the Ground

Russia used Iran’s Shahed-136 delta wing drones against Ukraine in the ongoing war. The drones called Geranium 2, have two parts, one that finds the radar system, and the other that attacks artillery pieces. The drones compared with the US-made HIMARS and have helped revive Russia’s military capacity.
 
On 18 September, on the mass graves found in the Izyum district, the West criticized Russia’s action in Ukraine as war crimes. European Union’s foreign policy chief, Joseph Borrel said: “This inhuman behaviour by the Russian forces, in total disregard of international humanitarian law and the Geneva conventions, must stop immediately.” US Secretary of State, Anthony Blinken and France’s President Emmanuel Macron also termed Russia’s actions as atrocities and said that it should take responsibility for the suffering of Ukraine. 
 
The action plan of Ukraine’s Armed Forces Special Operations Forces’ Information and Psychological Operations Department was published by a hacker named Beregini on Telegram. The plan was to undermine Russia and was discovered in 2014. The actions of Ukraine confirmed the authenticity of the plan. The goal was to isolate Russia from the rest of the world and create division between the regime and the people of Russia, which has been successful thus far.

On 18 September, the Ukraine’s Center for Anti-Misinformation reported that Russia was restricting the Crimean men from leaving the region as they test the military preparedness of the region. The decree was later removed from the official website. In the Kherson region, the Russians created their own “Novokakhovsky communal services”. They ordered the local citizens to pay for all communal services. Hackers conducted cyberattacks against the Department of Education and education institutions in Melitopol after it discovered that  children follow the Ukrainian curriculum rather than Russian.

The Moscow View
Claims by Russia
In a press conference with journalists, Defence Ministry spokesperson Igor Konashenkov said that till now, Russia had destroyed 293 aircraft, 155 helicopters, 1981 UAVs, 375 anti-aircraft missile systems, 5022 tanks, other armoured vehicles, 837 multiple rocket launcher combat vehicles, 3397 field artillery guns and 5680 special military vehicles belonging to Ukriane.

On 18 September, Russia’s forces repelled an offensive attack by Ukraine’s armed forces in the Kherson region. The Russian troops resisted Ukraine’s 60^th infantry and 57^th Motorized Infantry Brigades, backed by six tanks. The Russian Air force also attacked Ukraine’s 28^th Mechanized and 79^th Airborne Assault Brigades with high-precision weapons.
 
On 18 September, on the US accusation over Russia’s using of WMD weapons in Ukraine, Russia responded saying: “In response to the use of nuclear and other weapons of mass destruction against Russia or its allies.. in response to a conventional attack that threatens the very existence.”

The West View
Responses from the US and Europe 
The Czech Republic, which holds the Presidency of the EU, condemned the actions of Russia after hearing about the gravesite that contained hundreds of Ukrainian bodies that were discovered to have been tortured near the recently freed Izyum city. The Czech requested the EU to create an international tribune that makes Russia answerable for its war crimes. The European Commission President Ursula von der Leyen reiterated similar sentiments as the Czech Republic. The UK’s Defence Ministry reported that Russia had increased its attack on Ukrainian civilian infrastructure.

Ukraine has been attempting to persuade the West and the UN to adopt a resolution that makes Russia provide reparation to it. Ukraine’s Deputy Justice Minister, Iryna Mudra, and First Lady, Olena Zelenska has been lobbying with the ministers in the Council of Europe, and also with Germany, France and USA regarding the issue. Previously, reparations had been backed by Estonia, Latvia, Lithuania and Slovakia’s finance ministers.

On 17 September, Italian newspaper La Repubblica reported that France’s state-owned nuclear energy company, EDF, would halt its export to Italy. However, France and EDF denied any claims about  stopping energy export to Italy due to its internal energy crisis. France also said it would reaffirm its commitment to energy export and reciprocate solidarity with its neighbours.

The G7 ambassadors discussed on reforming Ukraine’s judicial system and anti-corruption agenda under martial law. Ukraine’s Parliament’s speaker, Ruslan Stefanchuck, said that the Verkhovna Rada is working on a draft law reforming Constitutional Court and its anti-corruption agenda under martial law amidst the ongoing war. These reforms were included in the seven requirements placed by the Commission for Ukraine’s EU membership.

The Global Fallouts
Implications of the Ukraine war
The UN’s International Atomic Energy Agency (IAEA) reported on the resumption of the Zaporizhzhia Nuclear Power Plant (ZNPP) and flow electricity from the national grid directly, after engineers restored one of the four major external power lines. The 750-kilovolt line is providing the plant with the electricity it requires to perform essential safety functions and for cooling the reactors.  The plant has been non-functional since 11 September 2022 and the six reactors in ZNPP are still in a cold shutdown. On the same day, Ukraine’s energy operator, Energoatom also announced that it had sent fuel supplies to ZNPP, along with and spare parts for the repair of the power lines. 

References
Yaroslav Trofimov and Dion Nissenbaum, “Russia’s Use of Iranian Kamikaze Drones Creates New Dangers for Ukrainian Troops,” WSJ, 17 September 2022
Center for Anti-Misinformation, “Center for Anti-Misinformation informs about the disinformation and manipulative campaigns taking place in the temporarily occupied territories,” Telegram, 18 September 2022
“Outrage as Ukraine Finds Mass Grave Near Liberated Izyum,” Kyiv Post, 17 September 2022
“Over 5,000 tanks, other armored vehicles destroyed in Russian operation - top brass,” TASS, 18 September 2022
“Russian forces rebuff Ukrainian troops’ offensive in Kherson Region - top brass,” TASS, 18 September 2022
“Leaked documents expose Ukrainian attempts to destabilize Russia and draw NATO into a full-scale war with Moscow,” RT, 17 September 2022
“Ukraine war: Grave sites prompt calls for tribunal over Russian killings,” BBC, 18 September 2022
Patrick Wintour, “West wavers on Ukraine proposals to seize Russian assets as reparations,” The Guardian, 18 September 2022
“France rejects claims it may halt power exports to Italy,” Daily Sabah, 17 September 2022
“Update 103 – IAEA Director General Statement on Situation in Ukraine,” iaea.org, 17 September 2022
“G7 envoys discuss Ukraine’s judiciary reform, anti-graft program with civil society leaders,” Ukrinform, 18 September 2022