11 June 2026
Constitutional Reset As the Only Choice
One of the most pressing challenges for the new Hungarian authorities will be the future of the Constitutional Court, perceived as a captured institution. The new authorities may be tempted to adopt amendments aimed at a complete overhaul of the Constitutional Court, although such radical actions risk being seen as a violation of judicial independence. However, sometimes radical steps in response to captured apex courts can be both justified and necessary, provided that they form part of a broader reform genuinely aimed at strengthening the institution’s independence. Continue reading >>
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02 June 2026
The Rise and Fall of the Mafia-State in Hungary
Ever since the elections, there has been a sense of euphoria sweeping the country that surpasses even the democratic transition of 1989. Yet, one of the key lessons drawn from both the revolutionary 1989 and the counter-revolutionary 2011 constitution-making processes is that both were elite-driven, lacking any participatory dimension – which may have contributed to the fall of liberal democracy. Today, the overwhelming euphoria could yet channel itself into genuine “constitutional enthusiasm”. Perhaps Hungary has yet another chance to seize that constitutional moment. Continue reading >>25 May 2026
Unfreezing EU Funds Without Melting the Rule of Law
Three years ago, we wrote Frozen, a story about how EU institutions had blocked billions of euros in EU funds on rule of law grounds for Poland and Hungary. After the recent Hungarian parliamentary elections, a much happier scenario is visible in Budapest and Brussels: unfreezing those same funds. But how can this be speedily achieved while honouring the rule of law? This is far from straightforward. Continue reading >>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 >>13 May 2026
The Big Lie of Two Thirds Majority
This is the fifth election in a row in which a party has gained a two-thirds majority. A two-thirds majority has long been the magic of Hungarian politics. Namely, it means domestically unlimited power. But the magic of the two-thirds majority is based on an assumption that has turned out to be a lie: that such a special majority guarantees compromise. As a first step towards a truly functioning pluralist democracy, it is time to disenchant the two-thirds majority. Continue reading >>
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09 May 2026
Constitutional Repair!
In this post I shall attempt to map some of the most important points where constitutional repair is necessary as well as the limits of such repair that follow from common European standards. This text is emphatically not a summary of a comprehensive constitutional reform, nor is it a proposal at the level of legislative text. Rather, it outlines fundamental issues which, following discussions and the taking of fundamental political decisions, could lead to a proposal for a correction that needs to be adopted within a short timeframe. Continue reading >>
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01 May 2026
Péter Magyar’s Cincinnatus Moment
The big question for Hungary’s democracy is whether Magyar and Tisza will establish a system that is pluralistic and avoids the risks and temptations of two-thirds majorities. Cincinnatus is the hero of Roman legend who saved his country from peril and, once done, returned to his fields. Magyar could become Hungary’s Cincinnatus if he constructed a pluralistic democracy in which many political currents have their space, in which majorities can rule and make decisions and in which courts and independent institutions ensure the rules of the game. Continue reading >>
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29 April 2026
Ein Mandat zur Selbstbegrenzung
Der Wahlsieg der TISZA in Ungarn ist historisch. Gerade deshalb verlangt er politische Zurückhaltung. Denn auch die von TISZA errungene Zweidrittelmehrheit ist nicht einfach Ausdruck eines schrankenlosen gesellschaftlichen Konsenses, sondern Ergebnis eines Wahlrechts, das bereits in vergangenen Wahlzyklen die jeweils stärkste politische Kraft unverhältnismäßig stark belohnte. Wie es zu diesem Umstand kam, verrät ein Blick in die Geschichte der ungarischen Wahlgesetze seit dem Systemwechsel von 1989/90. Continue reading >>21 April 2026
Verordnete Werte
Der Europäische Gerichtshof hat am 21. April 2026 ein ungarisches Gesetz für unionsrechtswidrig erklärt, das in die Rechte nicht-heterosexueller Menschen eingreift. Erstmals bejaht das Gericht einen eigenständigen Verstoß gegen Art. 2 EUV, eine Norm, die die Werte aufzählt, auf denen die Union ruht. Damit baut das Gericht die Reichweite seiner Wertejudikatur erheblich aus und verschiebt die Statik des europäischen Verfassungsverbunds zulasten der Mitgliedstaaten. Das kann weder dogmatisch noch legitimatorisch überzeugen. Continue reading >>20 April 2026
Two Defeats, One Winner
In the last week, across two continents, two authoritarian governments faced significant blows, not by courts, not by international pressure, not by the slow grind of institutional resistance, but by oppositions that chose, against their fractious instincts, to act unitedly. Together, the two episodes highlight how oppositional party politics play important constitutional and democratic functions, and must find crucial space in the study of comparative constitutional law. Continue reading >>
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