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.
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.
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 Court of Justice of the European Union (CJEU) ruled yesterday that the 2017 Hungarian law requiring non-governmental organizations receiving at least HUF 9 million in grants from outside Hungary to register in a special … Read more
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.
The Hungarian Parliament adopted the so-called”Authorization Act”, allowing indefinite government rule by decree. The role of free media and a strong civil society is now more vital than ever to ensure government accountability. Fully aware … Read more
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.
According to the Court of Justice Advocate General’s opinion, the fact that under the Hungarian 2017 Lex NGO, civil society organisations receiving foreign donations are subject to restrictions violates the right to the protection of … Read more
The Prime Minister’s Office admitted in a press release today that he had misinformed the Hungarian public by presenting “misleading and falsely presented facts” about the activities of the Hungarian Helsinki Committee. As the Supreme … Read more
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.
The Kúria (Supreme Court of Hungary) upheld the Budapest Court of Appeal’s (Fővárosi Ítélőtábla) previous final judgment in all aspects: The Hungarian Government’s 2017 National Consultation Questionnaire contained false allegations and ruined the Hungarian Helsinki Committee’s reputation. The … Read more
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.
The Acting President of the Budapest-Capital Regional Court (Fővárosi Törvényszék) initiated disciplinary proceedings against Judge Csaba Vasvári for referring questions to the Court of Justice of the European Union (CJEU) under Article 267 of the … Read more
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