4. The Status of the Accession Negotiations Concerning Internal and Justice Affairs
4. The Status of the Accession Negotiations Concerning Internal and Justice Affairs
In late 1999, during the accession negotiations, Hungary submitted its position on internal affairs and justice cooperation as well. The government accepted the acquis communautaire pertinent to this area, including the so-called Schengen acquisitions, and expressed that it would be ready to use these rules and procedures as of accession, and also that it would create conditions necessary for the effective application of the acquis.
It may not seem clear from the fore-going why this chapter belongs to the so-called problematic ones, since it is not subject to any temporary terms of exemption on Hungary’s part.
As evident from the brief account on the history of this cooperation, the chapter can be considered special on account of its nature and content. Even though this is not regulated by Community standards, the fact that all of the member states are closely and continuously observing Hungary’s (and other countries’) preparations in the field of internal affairs and justice may be regarded as an important factor. They consider it important to constantly evaluate how much Hungary has progressed, so it can indeed partake in a collaboration that would impact considerably on national sovereignty from the moment of accession. In other words, apart from applying the actual acquis the joining countries (including Hungary) must earn the trust of the member states, so that they truly recognize and accept the preparations, deem adequate the data protection laws, for example, judge the justice bodies and courts of law to be functioning efficiently, and consider the operation of the Hungarian border control bodies appropriate and capable, so that the control of the Union’s future external borders along Hungary’s border sections is implemented in line with the interests of all member states, and that the free movement of persons and goods is realized within a border-free European Union.
The European Commission’s Year 2000 Report takes into account the progress made in comparison with the previous year, and acknowledges approximation in both legal harmonization and institutional development.
For the benefit of ensuring the effective protection of personal data detailed regulations for the application of the general Data Protection Act have been passed in Hungary. These rules include provisions pertinent to the criminal procedure and to cooperation and information exchange with the European Union’s crime fighting information system and with INTERPOL.
In the field of visa policy the harmonization of Hungary’s legislation with that of the European Union’s went on. Along with an on-line information system that assists consular work, the Ministry of Foreign Affairs has set up a new visa issuing system. The training of personnel to use the new system has also been commenced concurrently, and equipment capable of recognizing counterfeit or falsified documents have been procured.
Regarding border control a new border registration system has been introduced, which assists the prevention of illegal immigration and organized crime. As regards the institutional part, computerization and the infrastructural development of the border guard progressed. On the so-called “green borders” the upgrade of equipment continued in accordance with the Schengen criteria, through the use of thermal cameras, night-vision devices, passport scanners, and portable computers.
Hungary continued to enhance cooperation in police matters with the neighboring countries and the member states of the European Union as well, which resulted in the continued rotation of liaison officers and police attaches. The new Center for International Cooperation in Crime Fighting was set up for the purpose of promoting international collaboration and coordination with EUROPOL. Hungary has made additional efforts to enhance the preparation of public administration against organized crime. A forensic medicine laboratory was established in the National Institute for Forensic Investigation and Analysis, which is capable of performing advanced DNA tests.
In the area of combating fraud, corruption, and money laundering Hungary proclaimed the Council of Europe Treaty of 1990 on Money Laundering and the Investigation, Seizure, and Confiscation of Items Obtained by Criminal Acts. The Criminal Code has been amended for the benefit of the unhindered application of the Treaty, whereby the laundering of income from any crime is now punishable by law.
The Hungarian government passed the national anti-drug strategy, which lays particular emphasis on preventive measures.
Hungary has also adopted the fundamental rules of international justice cooperation.
According to the European Union, additional measures need to be taken in the course of the preparations, among others in the areas of immigration policy, the appropriate application of refugee regulations, and justice cooperation. The justice system must be able to become a member of the European Justice Network.
János Kendernay
