Assessment of the Transitional Act
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.
Hungary de facto removes itself from the Common European Asylum System
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.
Chilling effect on the freedom of expression on Hungarian judges remains
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.
Unfettered Freedom to Interfere
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.
A victory for civil society: EU Court finds foreign-funded NGO law is against EU law
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 registry and label themselves as a “foreign-funded organization” on their website and publications are stigmatizing, harmful and in breach of EU law.
Explanatory note for the Bills on terminating the state of danger and on related transitional provisions
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.
Never-ending story?
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 Deputy Prime Minister Zsolt Semjén submitted to parliament the Bill on Terminating the State of Danger (T/10747) and the Bill on Transitional Provisions related to the Termination of the State of Danger (T/10748).
Hungarian NGOs’ contribution to European Commission’s first Rule of Law Report
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 also for Hungary on how to advance rule of law in the EU. In 2020, the European Commission will issue its first Rule of Law Report, covering all EU Member States.
Background note on the consequences of the Authorization Act
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.
Emergency Law Gives Carte Blanche Powers to Government: Free Media and Human Rights Defenders Needed More Than Ever
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 of its increased responsibility, the Hungarian Helsinki Committee is reorganising its activities and intensifying its efforts to counter the destruction of the rule of law.