Following a first legal analysis, the European Commission has raised serious concerns over the compatibility of the Fourth Amendment to the Hungarian Fundamental Law with EU legislation and with the principle of the rule of law in a letter sent to Prime Minister Viktor Orbán. Among other issues, the letter refers about the conformity with EU law of the new articles of the Hungarian Constitution on the clause on European Court of Justice judgements entailing payment obligations.

The European Commission sent a letter to Prime Minister Viktor Orbán which raised serious concerns over the compatibility of the Fourth Amendment to the Hungarian Fundamental Law with EU legislation and with the principle of the rule of law. The letter in particular refers to Commission concerns about the conformity with EU law of the new articles of the Hungarian Constitution on the clause on European Court of Justice judgements entailing payment obligations, the powers given to the President of the National Office for the judiciary to transfer cases and, subject to a more detailed analysis, the restrictions on the publication of political advertisements. In January 2012, some MEPs proposes a "fundamental rights check" to determine whether there is a risk of breach of EU values in Hungary.

At the same time, the letter notes Prime Minister Orbán's reassurances on Hungary's and the Hungarian government's willingness and commitment to fully respect European Union values and law indicates. President Barroso also indicates that, once the on-going legal analysis carried out by the Commission's services has been finalised, the Commission will have to take the necessary steps in order to start infringement procedures where relevant.

The Commission's President expects that the Hungarian authorities will take due account of this opinion and address it in full accordance with both European Union and Council of Europe principles, rules and values. President Barroso also in his letter refers to the on-going assessment of the recent amendments to the Hungarian Constitution conducted by the Venice Commission, which will prepare an opinion on 15-16 June.