Hungarian Constitutional Identity and the ECJ Decision on Refugee Quota

The outcome of the lawsuit launched by the Hungarian Government against the EU Council’s decision on compulsory relocation of asylum seekers before the European Court of Justice (ECJ) took no-one by surprise, neither in Budapest nor elsewhere. Some may have hoped that the complaint would succeed legally, but nevertheless it has always been primarily a part of a well-devised political strategy based on the idea of national identity as a concept of constitutional and EU law.

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The EU as the Appropriate Locus of Power for Tackling Crises: Interpretation of Article 78(3) TFEU in the case Slovakia and Hungary v Council

The CJEU’s judgment in Slovakia and Hungary v Council of 6 September 2017 raises important instutional questions. As the Court implicitly recognises the EU as the appropriate forum for taking effective action to address the emergency situation created by a sudden inflow of third country nationals, it adopts its tendency towards purposive and effectiveness-oriented jurisprudence to asylum law.

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Art. 7 EUV im Quadrat? Zur Möglichkeit von Rechtsstaats-Verfahren gegen mehrere Mitgliedsstaaten

Ungarns Veto blockiert einen Beschluss nach Art. EUV, Polen das Stimmrecht im Rat zu entziehen, und umgekehrt. Lässt sich das Veto umgehen, indem ein Verfahren gegen beide Mitgliedsstaaten gleichzeitig eingeleitet wird?

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For Central Europe’s Illiberal Democracies, the Worst is yet to Come

Next week the Polish parliament will most likely pass a bill sponsored by the ruling Law and Justice party, introducing a total overhaul of the country’s judicial system. The tenures of all judges sitting on the Supreme Court, Poland’s highest judicial instance, will be immediately expired, while their successors will be installed by the justice minister. In other words, the members of the last judicial body standing in the way of Law and Justice eradicating tripartite division of powers and court independence will now be appointed by a politically tainted minister.

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Lex CEU: On the Commission’s Refusal to Disclose its Letter of Formal Notice in the Name of Mutual Trust

This post will offer a brief account of my unsuccessful attempts to gain access to the Commission’s letter of formal notice addressed to Hungary on 26 April 2017, that is, the letter adopted by the Commission in response to the adoption by the Hungarian authorities of what has become known as the Lex CEU. Before offering a critical assessment of the Commission’s reasoning, a brief account of the relevant context will be offered. This post will end with some general remarks on the EU’s repeated failed attempts to prevent illiberal not to say authoritarian regimes from consolidating within the EU.

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Much Ado About Nothing? Legal and Political Schooling for the Hungarian Government

After his infamous law against the Central European University, the EU Commission has announced a treaty infringement procedure against Hungary. That will probably be of limited help against the systemic threat to the rule of law in Viktor Orbán’s state. Politically more effective might be the pressure exerted by the European People’s Party.

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The Return of the Sovereign: A Look at the Rule of Law in Hungary – and in Europe

The Hungarian law makers have enacted a law that will make the operation of foreign-funded universities all but impossible, and aim to do the same to foreign-funded NGOs. These measures fail to meet even the most basic features of how legal rules are envisioned in a rule of law framework. The carefully crafted new Hungarian laws use the cloak of national security to stab the rule of law, as understood in Europe, in the heart.

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Legally sophisticated authoritarians: the Hungarian Lex CEU

Contemporary authoritarian leaders understand that in a globalized world the more brutal forms of intimidation are best replaced with more subtle forms of coercion. Therefore, they work in a more ambiguous spectrum that exists between democracy and authoritarianism, and from a distance, many of them look almost democratic. They take advantage of formalistic legal arguments against their enemies. Similarly, the new draft law of the Hungarian government also uses legal tricks to force the Central European University to cease operation in Budapest.

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The Hungarian Constitutional Court and Constitutional Identity

Ever since the 2010 parliamentary elections Hungary has set off on the journey to became an ‘illiberal’ member state of the EU, which does not comply with the shared values of rule of law and democracy, the ‘basic structure’ of Europe. The new government of Viktor Orbán from the very beginning has justified the non-compliance by referring to national sovereignty, and lately to the country’s constitutional identity guaranteed in Article 4 (2) TEU. This constitutional battle started with the invalid anti-migrant referendum, was followed by the failed constitutional amendment, and concluded in early December last year by a decision of the Constitutional Court, in which the packed body in a binding constitutional interpretation rubber-stamped the constitutional identity defense of the Orbán government.

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A Game of Values: Particular National Identities Awaken in Europe

The EU’s legitimacy is thin and this weakness is reflected in its impotence in the face of the drift towards authoritarianism in Central and Eastern Europe. It remains to be seen whether such an authoritarian turn as the Hungarian can happen in old democracies and if their institutions are strong enough to limit the effects of global processes which are shaping the national identities of societies and the impact of Member States on the shared EU framework.

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