Analyses & positions

Six months ago, the Court of Justice of the EU ruled that Hungary’s NGO law violates the EU law. To date, however, no steps have been taken by Hungary to comply with the judgment. In the face of this, NGOs recommend 3 steps for the European Commission.

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In 2020, the Hungarian government has continued to build its “illiberal state”, and has continued to erode the rule of law in Hungary in almost every area covered by the Article 7 procedure. Our paper presents the “illiberal highlights” that took place in Hungary in 2020.

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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

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Actionable recommendations from Hungarian NGOs for legislative amendments improving the system of checks and balances in Hungary

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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.

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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 the series of attacks of the governing majority against the judiciary.

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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.

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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.

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The Court of Justice of the European Union (CJEU) ruled on 14 May 2020 that Hungary’s practice of automatically placing the quasi-totality of asylum-seekers in closed land-border transit zones during the entire asylum procedure constitutes unlawful detention. As a reaction, the Hungarian government announced the introduction of a new asylum system.

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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 effect on the freedom of expression of judges 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.

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