14 April 2026
The Case for Constitutional Disobedience
With Péter Magyar’s landslide victory in the Hungarian parliamentary elections in April 2026, hopes of a return to democracy have rarely been as high as now. The electoral victory has the potential to turn into a constitutional moment for Hungary, yet it is overshadowed by a profound constitutional dilemma: Is it justified to disobey the constitution to rebuild democracy and the rule of law? I argue that constitutional disobedience may not only be justified but legally required in favour of substantive constitutional values and democratic rebuilding. Continue reading >>
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13 April 2026
Two-Thirds Majority Is Essential but Not Enough
We can start now rebuilding our democracy and constitutionalism. TISZA Party, led by Péter Magyar, secured a constitutional majority on 12 April 2026. This broad democratic authorization allows for the creation of a new constitution, but it will take time, a lot of effort, and careful consideration. A constitutional majority provides an exceptional form of democratic authorization. Yet, especially in reconstruction contexts, it risks reproducing the very patterns of concentrated and exclusionary lawmaking that characterized the previous regime. Continue reading >>
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09 April 2026
Beating (Authoritarian) Populism with (Democratic) Populism
Viktor Orbán, Hungary’s prime minister since 2010, is set to lose the parliamentary elections on 12 April 2026. According to recent polls, Fidesz’ main rival, centre-right Tisza, seems to be within reach of attaining a two-thirds constitutional majority. While this may provide conditions for re-establishing democratic institutions, it also implies that Tisza would not be constrained by any meaningful democratic controls. Avoiding the double trap of meeting populist expectations and stabilizing institutionally unconstrained powers are two major tasks the new government needs to perform. Continue reading >>
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07 April 2026
The Frequencies of Freedom
On 26 February, the CJEU found that not renewing the license of the government-critical radio channel Klubrádió violates EU law (case C 92/23). The judgment constitutionally foregrounded media freedom as a central benchmark for the enforcement of telecom rules. Moreover, it rejected Hungary’s argument of formal legal compliance and focused on the holistic silencing potential of the respective decision. Finally, the Court recognised the imperative for a domestic regulatory framework that effectively safeguards media freedom and pluralism. Continue reading >>
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18 March 2026
Limiting Commission Discretion in EU Funding Conditionality
When the Commission sets the criteria for releasing EU funds, can it later decide not to follow them? Advocate General Ćapeta’s Opinion in Parliament v Commission observes that the Commission prematurely released funds despite Hungary not fulfilling many pre-established conditions. The Commission itself had set these criteria. This is part of a broader pattern of conditionality compliance not always being taken particularly seriously. Continue reading >>
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19 February 2026
Text Is Not Enough
Advocate General Ćapeta’s Opinion in Case C-225/24, of 12 February 2026, clarifies that, in contexts of systemic rule-of-law deterioration, compliance cannot be measured solely by legislative text, while also explaining the constraints of discretionary power in EU fund cases. Rule-of-law compliance must be assessed through effective implementation and attention to the broader constitutional environment. The Opinion articulates an evaluative logic for EU rule-of-law governance that is particularly significant in backsliding settings and foreshadows the standards required for constitutional reconstruction after illiberal rule. Continue reading >>
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12 November 2025
Not All Mandates Are Equal
The European Parliament, following the recommendations of its Committee on Legal Affairs, voted against waiving the immunity of two of its Members elected in Hungary, Péter Magyar and Klára Dobrev on the requests of the Hungarian authorities in early October 2025. In determining the fate of representatives elected in a Member State that is no longer democratic, the European Parliament reached the right decision, based on the wrong premises. Undemocratically elected MEPs should enjoy immunity only if they belong to the undemocratic regime’s opposition and have no record of dismantling democratic institutions. Continue reading >>15 October 2025
Castles of Illiberal Thought
On the hills of Buda, a vast new campus for Mathias Corvinus Collegium (MCC) – an Orbán-linked “think tank” and training ground for illiberal elites – is taking shape. Though still little known internationally, MCC has grown into a sprawling network with over 35 locations across Hungary, the wider Carpathian Basin, and even Brussels. Its recent “report” attacking the EU’s Jean Monnet programme and individual academics as “propagandists” signals how it seeks to shape narratives about Europe and academia. Positioned at the intersection of authoritarian legitimation and elite co-optation, MCC is not just a Hungarian phenomenon – it is a challenge to academic freedom with broader European implications. Continue reading >>
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15 October 2025
Codifying Belonging
Amid numerous global catastrophes, a quieter crisis at home is strikingly overlooked: a direct attack on equality and, effectively, the denial of Roma people’s rights, their freedom of movement, and dignity as European citizens. The newly adopted Hungary’s 2025 Act on the Protection of Local Identity straightforwardly normalises racial exclusion at the local level under the guise of safeguarding “heritage” and “community values,” and directly empowers local governments to determine who may belong within their borders. Continue reading >>
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14 October 2025
The Hungarian Roadmap
The Hungarian play script of infringements on academic freedom under the Orbán-regime provides useful junctures on how academic freedom can be both captured and conceptualised. I speak from first-hand experience. As I have chronicled before, I was fired from one university for political reasons; laid off from another after it was forced into exile; and have been working at an institution that has been renamed five times, reorganised, and put under continuous existential pressure since 2010. Five years after the Lex CEU case, it is safe to say that academic freedom is systematically being violated in Hungary. Its roadmap has at least eight lessons to offer. Continue reading >>
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