Same Old, Same Old: Current State of Danger Rules Continue to Undermine the Rule of Law in Hungary

In an emergency decree issued under the state of danger regime on 3 February 2026, the Government abruptly ordered the termination of ongoing court proceedings related to the “solidarity contribution” local governments are forced to pay to the state, including the high-profile case of the municipality of Budapest, and prevents affected municipalities from seeking judicial remedy. This directly impacts the separation of powers, judicial independence, legal certainty and access to justice – core elements of the rule of law.

This case is not an isolated incident though: since 2020, the Hungarian government has relied on a permanent state of danger to “rule by decree”, overriding Acts of Parliament, reshaping entire policy areas overnight, and insulating executive decisions from effective oversight, undermining the rule of law, human rights protection, and the business environment.

Although recent constitutional amendments formally require parliamentary authorisation to override Acts of Parliament, this “safeguard” remains largely illusory in practice under a stable two-thirds government majority in Parliament. The Government continues to enjoy an excessive, carte blanche mandate, and continues to abuse its powers by issuing decrees which are not related to the current stated cause of the state of danger: the war in Ukraine.

In this environment, as shown by the events of last week, even disputes that would normally fall squarely within the courts’ competence can be removed from judicial control by executive action.

Our one-pager explains how Hungary’s state of danger regime continues to hollow out the rule of law – and why this recent case is, albeit a shocking one, rather a symptom, not an anomaly:
Same Old, Same Old: Current State of Danger Rules Continue to Undermine the Rule of Law in Hungary (February 2026)