16 July 2026
When Lady Justice Lifts Her Blindfold, Briefly
Justice, one could say, did not take off her blindfold on July 7th – but she did lift it, just a fraction, long enough to check in with political reality. Paris’s court of appeal upheld Marine Le Pen’s conviction for misappropriating public funds, yet softened the 2025 ban on her running for office just enough to keep a presidential bid in 2027 on the table. The guilty verdict stands – it is the sentence that now intrudes less directly into the democratic arena. Continue reading >>
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15 July 2026
The New Constitutional Amendment and the Removal of the President
On 13 July 2026, the Hungarian Parliament enacted the 17th Amendment to the Hungarian Fundamental Law. In line with the TISZA Party’s election manifesto, the Amendment ends the current President of the Republic’s, Tamás Sulyok’s, term of office. This is undoubtedly an extraordinary measure. Given the President’s apparent partiality and his failure to respond consistently to earlier illiberal constitutional developments, I consider the exceptional and temporary constitutional change to be justified as part of the broader effort to lay the foundations of a renewed constitutional order. Continue reading >>
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03 July 2026
The Constitution Always Speaks in the Present
The newly elected Hungarian Parliament approved the Sixteenth Amendment to the Fundamental Law of Hungary on 15 June 2026, now awaiting the President’s signature before entering into force. Specifically, the Amendment limits the prime Minister’s term of office to eight years, calculated from 1990 onwards. Effectively, this change prevents Orbán from returning to the office. I argue that the Amendment may be justified in the specific Hungarian context to prevent the consolidation of power of one-man. Moreover, I contest that the Amendment is retroactive and, for that reason, ad personam. Continue reading >>
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18 June 2026
On the Role and Legitimacy of Supranational Courts in a Member State’s Retransition
The last decade has demonstrated what role the Union and in particular the Court of Justice can play in keeping a Member State “within the orbit” of the rule of law. Within that process, the case law of such bodies established numerous red lines as to what practices are not acceptable in a rule of law governed liberal democracy. But will the same red lines now be applicable also to the “good guys”? If yes/no, what will that mean for the legitimacy of those bodies, in particular the European Union? Continue reading >>
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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 >>12 May 2026
Polish Lessons for the Hungarian Transition
The victory of Péter Magyar and TISZA Party in the parliamentary elections of 12 April 2026 may be seen as a useful illustration of the theory of competitive authoritarianism developed by Steven Levitsky and Lucan Way. It suggests that even under uneven political conditions, electoral victory remains possible when an opposition movement is well organized, presents a credible program, and effectively capitalizes on the weaknesses and mistakes of the incumbent government. Consequently, claims about the demise of liberal democracy appear to be premature. Continue reading >>
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08 May 2026
But First, Implementation
Hungary's future Prime Minister Péter Magyar called on Chief Justice András Zs. Varga to resign, claiming that, together with the President of the Republic, the Prosecutor General, and other leaders of key state institutions, he is a “puppet” of Orbán’s regime. The claim to end Chief Justice Varga’s mandate is legitimate and the proper way to do so is by implementing the ECtHR's Baka judgment Continue reading >>
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29 April 2026
Heavy Artillery, Light Reasoning
In its judgment of 21 April 2026 in Commission v. Hungary (C-769/22), the CJEU took the decisive step: its “value turn”. The Court for the first time applied Article 2 TEU as an autonomous and standalone review standard. The judgment deploys what might be called heavy artillery. Yet, the firepower of the instrument stands in uneasy tension with the lightness of the reasoning marshalled to justify its use. Nonetheless, the critical observations advanced by Riedl ultimately underestimate both the structural logic of the EU legal order and the functional mandate of the Court. Continue reading >>11 April 2026
Neither What Italy Needed, Nor What it Deserved
On 22 and 23 March 2026, the Italian electorate rejected a constitutional reform of the judiciary. This vote, while unlikely to deal a decisive blow to Meloni’s government, has already had notable political repercussions – most prominently, the resignations of two key figures within the Ministry of Justice. However, when situating the reform in the broader Italian political context, it goes too far to conclude that it would have pushed Italy in a direction similar to Hungary’s. Continue reading >>
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02 April 2026