Hungary: No True Commitment to Restoring the Rule of Law
Selected rule of law and human rights developments in the light of the Article 7(1) TEU procedure
People are free in a state where the consequences of their actions are predictable and where clean and transparent rules apply not only to them, but also to state authorities. In a state where the people know what the state expects from them, but they also know what they can expect from the state.
Selected rule of law and human rights developments in the light of the Article 7(1) TEU procedure
Hungary’s access to EU funds under the Recovery and Resilience Facility (RRF) and under ten operative programmes are connected to a complex set of benchmarks, amongst these, four so-called super milestones aimed at strengthening the … Read more
In an ever-evolving legal landscape, staying ahead of the curve is essential. The STARLIGHT programme, a joint initiative by the Hertie School and the Hungarian Helsinki Committee (HHC), has paved the way for 60 legal practitioners in the European Union to harness the full potential of the Charter of Fundamental Rights (CFR) through strategic litigation.
The Hungarian government declared a state of danger for the first time in March 2020. Under a draft law recently put to public consultation, this would soon be extended again, until the end of May 2024. The Ministry of Justice which prepared the draft law “justified” the proposal with a single sentence. However, according to Amnesty International Hungary, the Eötvös Károly Institute, the Hungarian Civil Liberties Union and the Hungarian Helsinki Committee, the regulatory framework of the state of danger should be transformed and the Government’s unjustified, excessive regulatory powers should be put to an end.
HHC attended the OSCE Warsaw Human Dimension Conference and submitted statements on shrinking civic space, violations of the rights of migrants and asylum-seekers, freedom of assembly, and the rule of law.
More than seven years have passed since the European Court of Human Rights (ECtHR) delivered the Baka v. Hungary judgment, requiring Hungarian authorities to lift and countervail the “chilling effect” on the freedom of expression … Read more
Our updated assessment of Hungary’s compliance with the 4 super milestones aimed at restoring the independence of the judiciary looks at the implementation of the judicial package adopted in May 2023 by the Hungarian Parliament. … Read more
Are you a lawyer, passionate about protecting fundamental rights across Europe, and eager to develop your skills and knowledge to unlock the power of the Charter of Fundamental Rights (the Charter)? If so, STARLIGHT is for you.
On 1 June 2023, the judicial reform package adopted by the Parliament to comply with the super milestones set out in Hungary’s Recovery and Resilience Plan with a view to enhancing the independence of the … Read more
In 2015, the European Court of Human Rights (ECtHR) concluded in its pilot judgment delivered in the case of Gazsó v. Hungary that violations of the right to a hearing within a reasonable time in … Read more
Five years ago, on World Refugee Day, the Hungarian Parliament passed the infamous “Stop Soros” law, criminalizing assistance provided for asylum seekers and stigmatizing independent NGOs. Taking stock of the past five years, our new paper puts the attacks faced by Hungarian NGOs in the context of an illiberal transition.
Budapest, 20 June 2023 – On the fifth anniversary of Hungary’s anti-NGO laws, Hungarian civil society organisations call on the government to fully implement court judgments that uphold their rights.
On 30 May, there will be yet another hearing in the General Affairs Council in relation to Hungary in the framework of the procedure under Article 7(1) TEU that is aimed at determining whether there … Read more
On 3 May 2023, the Hungarian Parliament adopted Act X of 2023 on the Amendment of Certain Laws on Justice related to the Hungarian Recovery and Resilience Plan. The Hungarian government now claims to have met all four of the so-called super milestones aimed at restoring the independence of the judiciary set by the Council of the European Union as a precondition for accessing frozen EU funds under Hungary’s Recovery and Resilience Fund (RRF).
On 12 December 2022, the European Council adopted Hungary’s Recovery and Resilience Plan after the European Commission finally approved it. Compared to the original plan, the adopted version includes a new set of benchmarks on governance and public administration, totaling 38 measures with 111 milestones and targets. 27 of these milestones are ‘super milestones’; if not met, no payment under the EU’s Recovery and Resilience Facility (RRF) will be allowed. Four of the 27 super milestones concern the Hungarian judiciary.
One benchmark requires the Hungarian government to remove all obstacles to the preliminary reference procedure set out in Article 267 TFEU. This is Super Milestone 215.
Today Amnesty International Hungary, the Eötvös Károly Institute and the Hungarian Helsinki Committee turned to the European Commissioner for Justice, Didier Reynders, regarding concerns about the ongoing law-making process aimed at ensuring Hungary’s compliance with … Read more
As of the end of the first quarter of 2023, the Hungarian government is yet to comply with most of the conditions established by European Union institutions to access EU funds. According to Hungarian civil society organisations, the Government had not yet taken adequate steps in order to fully address the rule of law and human rights concerns raised by the EU, and so numerous issues related to the anti-corruption framework, judicial independence, law-making, the rights of refugees and asylum-seekers, academic freedom and the rights of LGBTQI+ persons remain unresolved. Swift measures are necessary in all of these areas to ensure that the country and its citizens are granted access to EU funds.
On 12 December 2022, the Council adopted Hungary’s Recovery and Resilience Plan based on the Commission’s positive evaluation. Compared to the original plan, a new set of measures were added on governance and public administration, … Read more
Journalists from the independent Hungarian news portal Telex were blocked from interviewing government officials arriving at a government meeting because the building of the Prime Minister’s office was fenced off by a police cordon. After an unsuccessful complaint to the police, the journalists secured a court victory today with the help of the Hungarian Helsinki Committee’s lawyer. In today’s ruling, the Metropolitan Regional Court in Budapest confirmed that the measure was unnecessary, disproportionate, and violated the journalists’ right to freedom of expression.
Severely deteriorating conditions in the public education system in Hungary have led teachers, students and parents to make increasingly louder demands for change. However, instead of listening to their fact-based concerns, the Hungarian government has … Read more