Band aid for rule of law wounds

The rule of law and a well-functioning system of checks and balances require more than the existence of certain laws and institutions however carefully they are designed. Without an ethos of true respect for these and the acknowledgment of their importance in maintaining democracy even an apparently bullet-proof set of legal provisions may be circumvented or used by those holding public power for their own purposes. The instrumental use or rather abuse of legislation has been a characteristic feature of the incumbent government in Hungary, and therefore it is clear that a full-fledged system of checks and balances cannot be simply restored by amending a handful of legal amendments.

We are however of the view that there are relatively straightforward legislative changes that would be capable of limiting the system’s capacity for abuse and thus slow down the deterioration of the rule of law in Hungary. Therefore, we put forth, together with other nine Hungarian NGOs, actionable recommendations for legislative amendments improving the system of checks and balances in Hungary.

The recommendations cover issues of concern around

• the Constitutional Court,
• the judiciary,
• corruption and the prosecution,
• elections,
• the media,
• municipalities,
• academic freedom,
• civil society organisations, and
• certain human rights violations.

Signatories: Amnesty International Hungary, Eötvös Károly Institute, Háttér Society, Hungarian Helsinki Committee, Hungarian LGBT Alliance, K-Monitor, Mérték Media Monitor, Political Capital, Romaversitas Foundation, Transparency International Hungary.

The recommendations can be downloaded here:

Band aid for rule of law wounds – actionable recommendations for legislative amendments improving the system of checks and balances in Hungary