Deficiencies of the Law-Making Process in Hungary

Hungary’s law-making process is increasingly closed, unpredictable, and dominated by the executive.  The evidence presented in the Hungarian Helsinki Committee’s mapping paper titled “Deficiencies of the Law-Making Process in Hungary” demonstrates that the law-making process is characterised by systemic deficiencies that undermine transparency, inclusiveness, and democratic legitimacy.

Public consultation on draft laws remains largely ineffective despite recent legislative amendments, as broad exemptions, short deadlines, and the lack of consequences for non-compliance allow the Government to bypass meaningful engagement. The circumvention of consultation obligations through the use of governing party MPs or parliamentary committees further erodes opportunities for public input. This leaves citizens, civil society, and professional stakeholders with little real influence over laws that affect them.

Inside Parliament, procedural tools are routinely used to push through controversial bills without meaningful debate. Fast-track procedures, last-minute committee amendments, and agenda control by the governing majority prevent scrutiny and sideline opposition voices. Sanctions against dissenting MPs are applied in a manner that chills political expression.

The extensive and prolonged use of the state of danger has normalised the Government’s emergency powers. Emergency decrees have often addressed matters unrelated to the stated cause of the state of danger and, in some cases, been entrenched into ordinary legislation. The concentration of powers across all special legal orders and the proliferation of statutory “states of crisis” further weakens checks and balances and predictability.

The combined effect of these practices is the hollowing out of democratic law-making in Hungary. Public participation is nominal, parliamentary deliberation is curtailed, and the separation of powers is eroded. Frequent, rapid, and poorly reasoned legal changes weaken legal certainty, hinder business planning, and undermine investor confidence. International obligations and standards, including those set by the EU, OSCE/ODIHR and the Venice Commission are systematically disregarded. Based on the findings, the mapping paper recommends the strengthening of public consultation rules, restoring parliamentary checks and oversight, limiting emergency powers, and engaging international expertise to design a transparent, open, inclusive and democratic legislative process.

The mapping paper is available here:
Deficiencies of the Law-Making Process in Hungary