26 October 2022
Useless and Maybe Unconstitutional
In part III of our analysis of the anti-corruption framework, we will look at another aspect of the Hungarian “reforms”: a new procedure that seems to allow the general public to challenge in court the decisions of Hungarian public prosecutors to drop corruption cases. The new procedure is nearly impossible to use and adds little value to existing controls on the public prosecutor. In addition, the Hungarian Constitutional Court may declare it unconstitutional in any event. Continue reading >>
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12 October 2022
Corrupting the Anti-Corruption Program
In this blogpost, we’ll analyze the Anti-Corruption Task Force, sometimes translated as the Anti-Corruption Working Group. This is another institutional innovation that the Hungarian government proposes to establish in order to transform a kleptocracy into an accountable government. Like the Integrity Authority, the Anti-Corruption Task Force also looks like it might be a good idea on first glance but its significance dissolves on closer analysis. The Task Force is structured like hens trying to organize a safety plan when the local foxes have packed the meeting and dominate the discussion. Continue reading >>
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06 October 2022
How NOT to Be an Independent Agency
The Hungarian government is trying to convince EU institutions that it is taking adequate steps to ensure proper spending of EU funds going forward. At the center of this effort is a new ‘Integrity Authority’. The law establishing this authority, Bill T/1260, just passed the Hungarian Parliament on 3 October 2022. We have carefully read the laws enacted so far that establish a new anti-corruption framework and can confidently say that neither the Commission nor the Council should accept what the Hungarian government is offering because the proposed changes do not begin to alter business as usual in Hungary. In this blogpost, we will analyze the ‘Integrity Authority’ which forms the centerpiece of the government’s program, showing that it is not independent from the government nor are its powers real. Continue reading >>
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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