05 April 2017
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. Continue reading >>
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11 November 2016
National Constitutional Identity in the European Constitutional Project: A Recipe for Exposing Cover Ups and Masquerades
On November 8, 2016 the Hungarian Parliament did not adopt the Seventh Amendment of the Fundamental Law seeking to protect Hungarian constitutional identity in the face of European imposition. The Seventh Amendment was meant to cover up the minor scratch on the Government’s pride caused by lack of popular support for its relentless fight against the EU. Although the Amendment did not pass, supporters of European constitutional projects cannot afford to sit back and relax. Continue reading >>14 March 2016
Poland, Hungary and Europe: Pre-Article 7 Hopes and Concerns
The European Commission’s opening of a rule of law dialogue with Poland in the new pre-Article 7 format developed last year is an important test of European constitutionalism both on the EU and on the Member State level. The mechanism is meant to address systemic violations of the rule of law in several steps, in the format of a structured dialogue. The new procedure does not preclude or prevent the launching of an infringement procedure by the Commission. The probe into Poland’s measures against the Constitutional Tribunal and its new media regulation is expected to test the viability of an EU constitutional enforcement mechanism against a Member State. Continue reading >>
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03 June 2014
Expelling dissent: On account of the ECtHR judgment in Baka v Hungary
The European courts have been rather active in finding Hungary in violation of European constitutional and human rights minimum standards in April and in May 2014. In the most recent judgment in this line of cases, Baka v Hungary, the ECtHR found that the last chief justice of the Hungarian Supreme Court, András Baka, had been removed from office through constitution-making before the end of his term due to his criticism of the government’s judicial reforms. The Baka case is symptomatic of a fundamental shortcoming of Hungary’s new constitutional reality: the suppression and expulsion of dissent from the domestic political sphere. Sadly, the timing of the ECtHR’s judgment is perfect, as it comes at a time when the government is taking intense legal steps and other measures silence dissenting voices even further. Continue reading >>03 June 2014
Expelling dissent: On account of the ECtHR judgment in Baka v Hungary
The European courts have been rather active in finding Hungary in violation of European constitutional and human rights minimum standards in April and in May 2014. In the most recent judgment in this line of cases, Baka v Hungary, the ECtHR found that the last chief justice of the Hungarian Supreme Court, András Baka, had been removed from office through constitution-making before the end of his term due to his criticism of the government’s judicial reforms. The Baka case is symptomatic of a fundamental shortcoming of Hungary’s new constitutional reality: the suppression and expulsion of dissent from the domestic political sphere. Sadly, the timing of the ECtHR’s judgment is perfect, as it comes at a time when the government is taking intense legal steps and other measures silence dissenting voices even further. Continue reading >>
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10 April 2014
Collective Constitutional Learning in Europe: European Courts Talk to Hungary (Again)
Both the CJEU and the ECtHR have handed down decisions against Hungary, on the same day and only two days after the Hungarian national elections in which the party of PM Viktor Orbán, FIDESz, won an overwhelming majority. While the CJEU judgment on the data protection ombudsman is spectacularly technical, the ECtHR judgment on the 2011 church law is much more comprehensive. Both judgments bring sobering and timely reminders to a freshly reelected Hungarian government on the shortcomings of Hungary’s reinvented constitutional framework. At the same time, the two judgments can be read as a timely reality check on some key aspects of the Commission’s newly envisioned EU Framework for strengthening the Rule of Law. Both the CJEU and the ECtHR have handed down decisions against Hungary, on the same day and only two days after the Hungarian national elections in which the party of PM Viktor Orbán, FIDESz, won an overwhelming majority. While the CJEU judgment on the data protection ombudsman is spectacularly technical, the ECtHR judgment on the 2011 church law is much more comprehensive. Both judgments bring sobering and timely reminders to a freshly reelected Hungarian government on the shortcomings of Hungary’s reinvented constitutional framework. At the same time, the two judgments can be read as a timely reality check on some key aspects of the Commission’s newly envisioned EU Framework for strengthening the Rule of Law. Continue reading >>22 February 2013
Hungarian Ban Of Totalitarian Symbols: The Constitutional Court Speaks Up Again
Although the Hungarian government promised not to strike back after [...] Continue reading >>22 February 2013
Hungarian Ban Of Totalitarian Symbols: The Constitutional Court Speaks Up Again
Although the Hungarian government promised not to strike back after [...] Continue reading >>
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15 January 2013
The Return of the Hungarian Constitutional Court
Hungary’s 2011 constitutional reform also brought along the reform of [...] Continue reading >>27 February 2012
Rescue Package for Fundamental Rights: Comments by RENATA UITZ
In order to full appreciate the Heidelberg proposal, I believe [...] Continue reading >>
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