A new draft legislative package that limits judicial independence and restricts the freedom of judges to interpret the law is a serious threat to the rule of law in Hungary and runs counter to values Hungary signed up to when it joined the European Union.
On 29 May 2018, the Hungarian government published two draft laws as the third version of LexNGO 2018, or of what it refers to as the 'Stop Soros' package. The drafts propose using criminal law sanctions and prison terms as weapons against human rights defenders, under the false pretext of tightening rules against irregular migration.
From emerging democracies in transition, illiberal governments have rapidly transformed Hungary and Poland into ill democracies, have attempted to do so in Croatia, and are slowly and carefully entertaining an illiberal platform in Serbia, according to the new case study Resisting Ill Democracies in Europe.
The Law on the Transparency of Organisations Receiving Foreign Funds (Anti-NGO Law) was adopted on 13 June 2017 by the governing majority of the Hungarian Parliament, despite repeated domestic and international objections. What is the problem with the Hungarian law on foreign-funded NGOs? The Law interferes with the freedom of expression of the organizations as it affects their right to good reputation.
Between 2010 and 2014, an 'illiberal state' was being built in Hungary. In line with the prime minister's announcement on the subject, from 2014 we have been offered a perspective on how an actual, consolidated illiberal democracy operates. Hungary remains part of the European Union (EU), but its actions contradict the fundamental principles of the EU.
Since the elections in 2010, the current governing party has systematically undermined the rule of law in Hungary, seriously disrupting the system of checks and balances. On 7 April 2017, governing party MPs submitted to the Hungarian Parliament Bill T/14967.
The Hungarian government has filled the Constitutional Court with loyal judges to create a judicial rubber stamp for government interests, according to a study by the Eötvös Károly Institute, the HHC and the HCLU of recent Constitutional Court decisions.