11 July 2022
Will the Commission Throw the Rule of Law Away in Hungary?
The Hungarian government is publicly saying that it is nearing a deal with the European Commission to unlock the Recovery Funds that have been withheld because the Commission has not yet approved Hungary’s plan for spending those funds. Apparently, Hungary has agreed to four conditions that will allow the €7bn worth of grants and about €8bn in low-interest loans to be approved. But if those are any indication of the price that the European Commission will extract for comprehensive violation of the rule of law, the European Commission is making a colossal mistake. Continue reading >>
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19 May 2022
What Culture Wars Hide
The American Conservative Political Action Coalition (CPAC) is meeting in Budapest on 19-20 May. The meeting signals that US conservatives have chosen Hungary as proof of concept for the politics they want. Prime Minister Viktor Orbán is proudly illiberal and proudly politically incorrect. Having won his fourth consecutive election in April with his largest parliamentary majority yet, Orbán demonstrates to American conservatives that his brand of politics can triumph. Continue reading >>21 December 2021
Escaping Orbán’s Constitutional Prison
Backsliding democracies around the world all face the problem of how to restore the rule of law. Precisely because it is already embedded in European law, with deep Hungarian roots that have long honored European traditions and its international law obligations, Hungary has the option of simply embracing European law to provide a legal path back to the rule of law Continue reading >>18 January 2021
Re-impeachment
Public law accountability is the hallmark of any constitutional government worthy of the name precisely because it would be less arbitrary. But private law accountability is better than nothing. Given that we don’t know how the impeachment trial will turn out, and given that Trump’s fellow Republicans do not yet seem ready to cut themselves lose from him, private retribution may be all we have. Continue reading >>07 January 2021
Insurrection
President Trump is dangerous. He must be removed from office. Immediately. There are three ways to do this. Continue reading >>04 January 2021
Trump’s Endgame, Part II
The handoff of power from President Donald Trump to President-Elect Joe Biden is not going well. American law currently requires a long “transitional” period of nearly three months during which a defeated American president still holds the reins of power. The length interregnum creates an opportunity for two kinds of consequential mischief. Continue reading >>03 January 2021
Trump’s Endgame, Part I
It should not have been surprising that vote totals were certified on time in Michigan or that an unfounded election lawsuit was dismissed in Wisconsin or that the state legislature of Pennsylvania refused to throw out the election results or that presidential electors voted in every state for the candidates they had pledged to support. This year, however, each of these normally unremarkable moments was reported as “breaking news.” And now we’ve learned that drama will continue to the very last stages of the certification process. Continue reading >>13 December 2020
Compromising the Rule of Law while Compromising on the Rule of Law
Some EU leaders may assert that EU money will now be brought under the rule of law given that the Conditionality Regulation is now guaranteed to pass. But they are wrong. Continue reading >>09 December 2020
LawRules #12: We need to talk about Financial Sanctions
As our podcast comes to an end, the year and the German presidency of the European Council do too. One of the foremost projects of the German presidency has been to link EU funding and compliance with rule of law standards. The mechanism is going to be a part of the next long-term budget of the Union, starting from 2021 – that is, if Hungary and Poland vote in favor of it, which is increasingly unclear at the moment, or if a way is found to circumvent their veto. The connection of rule of law violations and EU money, the advantages and shortcomings of financial sanctions for member states as well as how things stand on the current proposal – that’s what we discuss in this week’s final episode of We Need to Talk About the Rule of Law that we wrap up with an outlook on the current state of the Union, rule of law wise. Continue reading >>
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20 November 2020
So It Goes – Part II
This week, the Hungarian and Polish governments vetoed the critical elements of the European Multi-Annual Financial Framework and Recovery Fund that required the unanimous consent of European Union Member States. Prime Minister Orbán had been threatening this veto ever since the European Commission proposed to link the distribution of these funds to comply with the rule of law. The Brussels veto this week coincided with a domestic legal blitz in Budapest as a major constitutional amendment, and a flurry of new laws and decrees appeared all at once. The two legal events are related. Continue reading >>
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