Topic: Rule of law

According to the current state of affairs, one year after the elections – not including the Prime Minister – 31 of the 32 most important leaders of the state apparatus will be the same person as they are now. Even in the case of an opposition victory. In fact, having a two-third majority in Parliament, Fidesz can get even more of our public dignitaries cemented into their seats anytime until the elections in April, for an even longer period. With the Hungarian Helsinki Committee’s useful infographics, we can “look into the future”.

Ahead of the Hungarian parliamentary elections set for 3 April, twenty Hungarian civil society organisations are urging the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in a joint letter to deploy a full-scale election observation mission (EOM) to Hungary, with a high number of short-term observers on election day. 

As another sign of the country’s rule of law backsliding, Hungary has been failing to implement judgments of the Strasbourg and Luxembourg courts, and Hungarian authorities are repeatedly disregarding the judgments of the country’s own domestic courts as well. A new research paper by the Hungarian Helsinki Committee shows just how deep this phenomenon runs.

Civil society organisations sent a letter ahead of the General Affairs Council on 14 December when EU affairs ministers will hear from the European Commission on the latest developments and take stock of the situation regarding respect for EU values in Hungary and Poland as part of the Article 7 procedure.

Wednesday, 16 December 2021,16:00-18:00 (CET) – online In December 2021, the European Commission launched a public consultation for the 2022 edition of the Rule of Law Report. The Report monitors significant developments, both positive and … Read more

The Court of Justice of the European Union (CJEU) has delivered a major judgment on judicial independence. According to the CJEU, despite the fact that domestic law permits it, and that such a judgment has already been issued, only one forum can legally decide whether a Hungarian judge’s request for a preliminary ruling to the CJEU is inadmissible – and that is the CJEU itself. The Luxembourg-based Court also ruled that it was against EU law to discipline a national judge under domestic law because he had turned to the CJEU.

The Hungarian Helsinki Committee has carried out an exploratory study on the past few years’ militarisation tendencies and the changing constitutional role of the military in Hungary. Summary of activities and outcomes: Mapping changes and … Read more

We prepared a number of submission on several aspects of the situation of human rights in Hungary in the framework of the third cycle of the Universal Periodic Review. Below are 3 one-pagers that provide … Read more

The Hungarian government may very well face firmer measures by the Council of Europe if it continues to fail to fully execute the judgment issued by the European Court of Human Rights in the Baka v. Hungary case. The Committee of Ministers of the Council of Europe calls on Hungary to present the guarantees of the independence and freedom of expression of judges.

Peers of the Hungarian Ombudsperson, the Commissioner for Fundamental Rights, recommend that the Commissioner’s national human rights institution status is downgraded from “A” to “B”. According to their report, the reason for the downgrading is that the Commissioner has not effectively engaged on and publicly addressed all human rights issues, including in relation to vulnerable groups such as ethnic minorities, LGBTI, refugees and migrants as well as constitutional court cases deemed political and institutional. This also demonstrates a lack of sufficient independence. The report echoes concerns voiced by the HHC earlier.

A Hungarian administrative judge was declared unsuitable and therefore forced by her boss to leave the bench in the course of her professional evaluation. In fact, the same judge was the one, who had sent a question to the Court of Justice of the European Union (CJEU) for a preliminary ruling because she believed the Hungarian asylum law might be in breach of the EU law.

The Hungarian government has for many years been reluctant to take any meaningful action to safeguard the freedom of expression and independence of Hungarian judges. The execution of the Baka v. Hungary judgment is going on since 2016, but the Hungarian state has not lifted a hand yet.

The European Commission’s Rule of Law Report shows severe deficiencies in all the areas examined, confirming the concerns of Hungarian civil society organisations. The Commission has not been able to identify any substantial improvement in any of these areas, which is especially worrying in the light of the fact that Hungary may lose EU funds due to rule of law deficiencies. Eight Hungarian civil society organisations assess the report’s findings regarding Hungary.

Today, there will be a hearing in the framework of the Article 7(1) procedure on Hungary in the General Affairs Council of the European Union. Eighteen months have passed since the last hearing, and during … Read more

18 months have passed since the last hearing was held in the Article 7 procedure. During this time qualitative changes have occurred in the nature of the Hungarian illiberal regime. We look at some of the key issues today’s Article 7 hearing in the General Affairs Council should take into account.

Although thousands protested, and a petition against the law was signed by more than 100,000 people, Parliament showed that is not interested in what Hungarians think. Parliament passed the Propaganda Law, banning LGBTQI-themed educational programmes, products, and advertising seen by those under 18 years of age.

The Hungarian ruling party, Fidesz, introduced an amendment that would severely restrict freedom of speech and children’s rights by banning LGBTQI-themed educational programs and public service advertisements. Out of Hungarian LGBTQI people, 42% have thought about suicide and 30% have attempted it. This new amendment – which eerily mimics the Russian propaganda law – would further poison public opinion.

The UN Special Rapporteur on the independence of judges and lawyers considered the election of Justice András Zs. Varga as President of the Kúria as a measure hampering judicial independence.

The Advocate General of the Luxembourg-based Court of Justice of the European Union (CJEU) made it abundantly clear that only one forum can legally decide whether a Hungarian judge’s request for a preliminary ruling from the CJEU is inadmissible, and that is the CJEU itself. The opinion of the Advocate General directly affects both the applicability of EU law in Hungary and the independence of Hungarian judges.

András Patyi has become a Vice President of the Kúria (Supreme Court of Hungary) based on recommendation of the new Chief Justice recently elected against clear objection of judicial representatives. Prime Minister Viktor Orbán’s loyal … Read more