23 June 2026

Open Letter to the Hungarian Parliament on the Replacement of Certain Public Office-Holders

We, public law scholars, have come, after careful consideration, to the difficult conclusion that we support the replacement of those high-ranking public office-holders who have remained in office from the previous autocratic regime. At the same time, we consider it justified for Parliament to exercise self-restraint in the election of new public office-holders. Continue reading >>
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19 June 2026
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The Hungarian Transition’s Meaning for European Constitutionalism

The Hungarian transition is not only a Hungarian event. It is a European constitutional moment. The contributions to this symposium have shown how demanding the repair of constitutional democracy after a hybrid regime will be: a new government must restore constitutional supremacy, reconsider cardinal laws, guarantee judicial and prosecutorial independence, reopen markets, reestablish media pluralism, and counter corruption. But there is more. The Hungarian transition can play a crucial role in the development of European constitutionalism itself. Continue reading >>
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17 June 2026
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Post-Illiberal Women’s Rights

Women’s rights turned out to be the litmus test for harms caused by the rule of law backsliding. That is why it is worth analysing the effectiveness of the post-2023 restoration of the rule of law in Poland, focusing specifically on what was visibly undermined by the populists: women’s rights. We argue that the pre-populist negligence in recognising the constitutional status of women’s rights made it easier for populists to attack them. Such negligence can also be identified in the Hungarian context. Continue reading >>
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16 June 2026

Rewiring Democracy After Orbán

Hungary’s democratic renewal cannot succeed through constitutional restoration alone. The durability of the Orbán regime stemmed not only from formal institutional capture, but from deeply embedded informal power throughout society. Rebuilding democracy therefore needs more than legal repair: it requires institutionalized participation, decentralized power, and directly embedded civil society into governance. Thus, transitional justice cannot be reduced to constitutional restoration or elite replacement. It must also address the underlying social logic of authoritarian governance. Continue reading >>
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12 June 2026

Rebuilding Hungary’s Civic Space

Hungary’s April 2026 elections that ended 16 years of Viktor Orbán’s autocratic rule have rightly generated urgent debate about constitutional repair. Beyond rebuilding the rule of law and democratic institutions, a successful transition will also need an engaged citizenry who value and trust these institutions and are eager to participate in public life. The transition therefore presents a critical opportunity to rebuild the legal, policy, and financial frameworks needed for an independent civil society to flourish. Achieving this requires a coherent package of legislative, institutional, and financial measures. Continue reading >>
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10 June 2026

Learning from Poland’s Imperfect Reform

If Hungary under Péter Magyar and the TISZA party is to learn from the democratic repair pursued under Donald Tusk in Poland since December 2023, it is that a comprehensive and swift reform of the media ecosystem is crucial. Such reform does not simply entail taking control of public service media but rather transforming the broader ecosystem to enhance media freedom and pluralism. Crucially, the reform should not only be lawful but also perceived as legitimate. Continue reading >>
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29 May 2026

Restoring Constitutional Justice in Hungary

On 12 April 2026, Hungarian voters rendered their judgment on the regime that could be described in many ways, but certainly not as a well-functioning liberal democratic constitutional order. Today, the constituent power shall aim at restoring liberal democratic constitutionalism, and more narrowly, constitutional justice. The root of the problem is the current composition of the constitutional court stemming from the winner-takes-all approach of the previous regime. The problematic question, however, is how this can be addressed in line with European constitutionalism. Continue reading >>
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28 May 2026

Fixing the Hungarian Bench

Péter Magyar swept away Fidesz and won a constitutional majority. Yet Orbán packed the courts with his people in the meantime. Should Magyar resort to another round of court-packing? First, legitimate court-packing must have a just cause and must be proportional. Second, the proportionality of such reactive court-packing should in general respect the “paired effect”, although a stronger response may sometimes be justified. Finally, Magyar should not aim just for returning to the status quo but should innovate and build a resilient judiciary that enjoys the trust of the Hungarian people. Continue reading >>
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27 May 2026

Vetoing the President?

Following Fidesz's electoral defeat, the country's new political leadership has pledged to dismantle the legal and institutional structures that enabled sixteen years of democratic backsliding. Yet one of the most powerful obstacles to that project may be hidden in plain sight: the constitutional powers of the President of the Republic. If President Tamás Sulyok chooses to use them aggressively, Hungary could soon find itself facing an unprecedented constitutional crisis. Continue reading >>
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22 May 2026

The Missing Dimension

Public discourse on the repair of constitutional democracy tends to focus on its political dimensions. The Fidesz period, however, demonstrated that markets and democratic governance are deeply interconnected. The restoration of constitutional democracy, which will inevitably involve the reorganisation of the economy, should therefore prompt reflection in public law discourse on the ways in which markets ought to be structured in democratic societies. Public law scholars must engage seriously with the role that competition law reform can play in this process. Continue reading >>
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