Topic: Rule of law

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

The Hungarian Government has failed to address in a satisfactory manner the concerns around the right to freedom of expression of Hungarian judges. Therefore, in its decision published today, the Committee of Ministers of the Council of Europe has not closed the supervision of the judgment delivered by the European Court of Human Rights in the Baka v. Hungary case, and requested the Hungarian authorities to submit an updated action plan.

The European Commission’s Rule of Law Report has identified substantial problems severely threatening the rule of law in Hungary in all four areas examined by the report. Civil society organisations have raised attention to several … Read more

The aim of the project is to strengthen the various rule of law mechanisms of the European Union, the strengthening of civil society organisations’ participation in these. The project is coordinated by the Helsinki Foundation … Read more

In the early morning hours of 13 May 2020 in the town of Gyula, located in the southeast corner of Hungary, the police raided the home of Mr János Csóka-Szűcs, a local NGO activist.

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 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.