And the EU should be free to insist on terms for membership of the organisation. If Poland/Hungary don't want to follow the terms they should just leave, like the UK just did.
But they don't want that hassle, and they want to keep the EU benefits, so this mutual veto of sanctions is definitely a loophole to keep as many benefits without meeting the requirements.
The EU is not the UN, while the UN's goal is to have every country in membership, and so it doesn't expel dictatorships just for being dictatorships, the EU is pretty explicit about democracy and human rights being requirements, which is why e.g. Turkey has not been allowed in so long.
Had Orban had the level of control when Hungary joined that he has now, Hungary would not have been allowed in. PiS is probably not yet at that level, but it's clear they would like to be.
And in which case, I would say this requirement, in practice, wasn't a requirement. I don't blame Hungary and Poland for gaming the system as much as I blame the EU for having this loophole (or feature, or necessary evil, depending on view).
There are many cases in life where, it seems, the best state is not a Nash equilibrium. Still, I don't think it's fair to say "just game it then". That's a quick race to the bottom.
The constructive equilibria in political systems appear to be unstable, and need active work to keep them there. The EU is in fact born out of that very realisation - its earliest seeds are in binding France and Germany in an economic union so they stop going to war with each other!
But they don't want that hassle, and they want to keep the EU benefits, so this mutual veto of sanctions is definitely a loophole to keep as many benefits without meeting the requirements.
The EU is not the UN, while the UN's goal is to have every country in membership, and so it doesn't expel dictatorships just for being dictatorships, the EU is pretty explicit about democracy and human rights being requirements, which is why e.g. Turkey has not been allowed in so long.
Had Orban had the level of control when Hungary joined that he has now, Hungary would not have been allowed in. PiS is probably not yet at that level, but it's clear they would like to be.