An Illiberal State 10 Years in the Making
The state of play regarding the rule of law in Hungary – summary by the Hungarian Helsinki Committee about the developments of the past 10 years
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.
The state of play regarding the rule of law in Hungary – summary by the Hungarian Helsinki Committee about the developments of the past 10 years
Actionable recommendations from Hungarian NGOs for legislative amendments improving the system of checks and balances in Hungary
The same night when the Government ordered measures to counter COVID-19, it also submitted three Bills to the Parliament, the 9th Amendment to the Fundamental Law among them, that have nothing to do with the fight against the pandemic. Instead, the Bills curtail the rights of the LGBTQI community, undermine the state’s transparency, and shrink the possibilities of opposition parties in future elections.
The new chief judge in Hungary: a potential transmission belt of the executive within the judiciary The election of the new President of the Kúria (the Supreme Court of Hungary) is the next stage in … Read more
In its Information Note, the Hungarian Helsinki Committee provides an overview of certain rule of law developments in Hungary between May and July 2020, covering concerns pertaining to the justice system and institutional issues related to checks and balances.
Amendments introduced as of 18 June by the so-called Transitional Act provide the Government excessive powers that can be applied with a reference to an epidemic, with significantly weakened constitutional safeguards. Other provisions for example on asylum, the powers of the military forces, and data protection also give rise to concerns, NGOs say.
A communication by the Hungarian Helsinki Committee and Amnesty International shows that due to the legal and institutional structures created by the governing majority, the chilling on the freedom of expression of judges effect is encoded in the Hungarian court system, and Hungary has failed to adopt guarantees to avoid retaliation against judges voicing criticism in relation to the independence of the judiciary.
The HHC’s new report shows how ruling party politicians have exerted undue influence on the judiciary in Hungary between 2010–2020, either by interfering in pending cases or undermining the credibility of judicial decisions, or by eroding public confidence in the judiciary as a whole.
Our briefing note provides an overview of the new legal framework for assuming state control over private companies, created step-by-step by under the state of danger.
The explanatory note provides details of the proposed new framework concerning the state of danger and the state of medical emergency; compares the scope of decrees the Government may issue during a future state of danger, a future state of medical emergency, and while the Authorization Act remains in force; and demonstrates how the decision to lift the current state of danger will remain at the discretion of the Government.
Rapid analysis of the Bill on Terminating the State of Danger (T/10747) & the Bill on Transitional Provisions related to the Termination of the State of Danger (T/10748) Shortly before midnight on 26 May, Hungarian … Read more
Eight Hungarian NGOs, participating in the stakeholder consultation launched by the European Commission for its first annual Rule of Law Report, trust that the EC will make concrete, enforceable recommendations to EU Member States, hence … Read more
The Authorization Act allows the Government to introduce significant restrictions, practically without any time limit, without any debate in the Parliament, and without any guarantee for the swift and effective constitutional review.
Assessment of the proposed law to extend the state of emergency and its constitutional preconditions A carte blanche mandate for the Hungarian government with no sunset clause is not the panacea to the emergency caused by … Read more
A new law adopted on 17 December 2019 seems to be yet another attempt to make sure that politically sensitive court cases are decided in a way that is favourable for the executive power. It does not only make it possible to channel politically sensitive cases out of the ordinary court system, but also makes it harder in practice for individuals to enforce their rights vis a vis the state.
Judicial independence has been under constant threat and has been systematically undermined by the governing majority in Hungary in the past seven years. How did they do it? A timeline prepared by the Hungarian Helsinki Committee and Amnesty International Hungary outlines the major steps.
Judicial independence is being systematically undermined in Hungary. The Hungarian Helsinki Committee and Amnesty International Hungary recommend specific steps that would remedy the long-standing systemic deficiencies of the system, thus restoring and safeguarding judicial independence.
The new Bill amending rules on courts, submitted on 12 November to the Hungarian Parliament, should not be adopted in its current form.
On 12 November 2019, the Hungarian Government submitted a Bill to the Parliament which, if adopted, will have a significant negative impact on judicial independence, however, in a much more covert and technical way than the earlier, withdrawn plan to put administrative courts under the Minister of Justice.
Hungarian NGOs rebut the Hungarian Government’s false or misleading statements and point out its lack of adequate reaction to EP concerns in the Article 7 procedure against Hungary