POSTS BY Kim Lane Scheppele

In Praise of the Tavares Report: Europe finally said No to Viktor Orbán

The Tavares Report, adopted by the European Parliament with a surprisingly large majority, provides a bill of particulars against the Hungarian government and lays out a strong program to guide European Union institutions in bringing Hungary back into the European fold. With the passage of this report, Europe has finally said no to Prime Minister Viktor Orbán and his constitutional revolution.

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1984, Hungarian Edition

The Hungarian parliament recently passed a new national security law that enables the inner circle of the government to spy on people who hold important public offices. Under this law, many government officials must “consent” to being observed in the most intrusive way (phones tapped, homes bugged, email read) for up to two full months […]

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Constitutional Revenge

One year ago, Hungary’s slide from a multiparty democracy into a one-party state was all over the headlines.    The European Union responded, threatening sanctions.  The Council of Europe (keeper of the European Convention on Human Rights) repeatedly rapped Hungary’s knuckles  for violating European norms on democracy and the rule of law.   The United States expressed […]

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Constitutional Revenge

One year ago, Hungary’s slide from a multiparty democracy into a one-party state was all over the headlines.    The European Union responded, threatening sanctions.  The Council of Europe (keeper of the European Convention on Human Rights) repeatedly rapped Hungary’s knuckles  for violating European norms on democracy and the rule of law.   The United States expressed […]

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How to Evade the Constitution: The Hungarian Constitutional Court’s Decision on Judicial Retirement Age, Part II

Part Two: “The System Remains” (Continued from Part 1: The Decision) On the question of remedies offered by the Court decision itself, the Constitutional Court engaged in what I’ve called elsewhere “new judicial deference.” In practicing new judicial deference, a court makes a brave decision on the law but then fails to give the claimant […]

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How to Evade the Constitution: The Hungarian Constitutional Court’s Decision on Judicial Retirement Age, Part I

By KIM LANE SCHEPPELE Part One: The Decision On Monday 16 July, the Hungarian Constitutional Court handed down its biggest decision of the year.   It held that the sudden lowering of the retirement age for judges is unconstitutional because it gave the judges no time to prepare for the change and because it created an […]

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