Civil society warns of continued discrimination in minority voting rights ahead of 2026 elections
In a joint submission to the Council of Europe, HCLU and HHC highlight the Hungarian government’s continued failure to reform the national minority voting system in spite of a European Court of Human Rights judgment, leaving most minorities without a real chance of parliamentary representation before the 2026 elections.
On 20 January 2026, the Hungarian Civil Liberties Union (HCLU) and the Hungarian Helsinki Committee (HHC) submitted a joint Rule 9(2) communication to the Council of Europe’s Committee of Ministers concerning the execution of the European Court of Human Rights’ judgment in Bakirdzi and E.C. v. Hungary. The submission concludes that Hungary has failed to implement the judgment and to comply with the Committee of Ministers’ decisions, despite the passage of more than three years since the judgment was handed down.
The communication finds that the national minority voting system remains unchanged and continues to violate the Convention. The core structural deficiencies identified by the Court persist, including the practical impossibility for most recognised national minorities to obtain parliamentary representation due to the so-called “preferential quota”, the severely limited electoral choice for minority voters, and ongoing risks to the secrecy of the ballot. No legislative amendments have been adopted, no preparatory steps have been taken, and no genuine consultations with national minority representatives or other stakeholders have been initiated. The Government has also failed to submit an updated action plan, despite a clear deadline set by the Committee of Ministers.
As a result, the upcoming parliamentary elections in April 2026 will once again be held under a system that has already been found incompatible with the Convention, creating a risk of further, repetitive violations affecting national minority voters.
In light of these findings, the HCLU and the HHC recommended to the Committee of Ministers to
- continue to monitor the execution of the judgment under the enhanced procedure;
- call on the authorities to submit an updated action plan without further delay, setting out concrete steps to address all aspects of the violation identified by the Court, including (i) the practical impossibility for certain national minorities to attain the “preferential quota” required to obtain a parliamentary seat, (ii) the substantial limitation of electoral choice of national minority voters; and (iii) the risk inherent in the system of compromising the secrecy of the ball, with a view to enhance the political effectiveness of national minority voters as a group and enhance diversity and the participation of minorities in political decision-making;
- urge the authorities to establish and make public a clear timeline for legislative reform, including genuine consultations with national minority and civil society representatives;
- note with serious concern that the continuing lack of execution creates a clear risk of further, repetitive Convention violations, including in the context of upcoming parliamentary elections; and
- recall that any reform must enter into force in good time before the 2030 parliamentary elections to ensure compliance with the Venice Commission’s Code of Good Practice in Electoral Matters and the Convention.
The submission is available here:
NGO communication with regard to the execution of the judgment of the European Court of Human Rights in the Bakirdzi and E.C. v. Hungary case
Downloads
- HCLU-HHC_Bakirdzi_and_EC_Rule_9_20012026 pdf, 225 KB Download