Hungary-Orbán´S Project Towards “Illiberal Democracy”

Lívia Benková

FOKUS | 2/2019

Hungary-Orbán´s project towards “illiberal democracy”

The recent developments in the country and Constitutional Court.7 The qualified judges to forcefully retire. However, the and its controversial reforms reflect, that majority of Fidesz paved its way for several government defended this provision as an Hungary is steadily moving away from the legal reforms in 2011 and 2012, empowe- effort to standardize the age limit for civil principles of a liberal democracy and is ring the ruling party’s agenda. The wider servants.14 heading towards becoming a centralized, public became concerned about the semi-authoritarian state. 1 The course speed of the reforms and the scope of the Furthermore, a Judicial reform in 2011 of Hungary was clearly stated by Prime legislative changes. Many European states created the National Judicial Office (NJO). Minister Orbán himself as he announced directed criticism at the newly amended Until then the appointment of judges has his preference of “illiberal democracy”, in laws, which were in breach of the Euro- been exercised under the jurisdiction of 2014 at a speech in Transylvania, Roma- pean Union rules.8 an organization consisting of high-level nia.2 Viktor Orbán, being on the political judges, however, was now abolished scene since 1988, once a dissident fighting One of the controversial reforms was the and replaced by the NJO.15 The NJO is against communism, started his career as adoption of the new Constitution that responsible for the administration of the a liberal academic and turned his course was approved by the Parliament in 2011 courts and the appointment of judges and to become an illiberal populist and an without consulting the opposition.9 The placed a single person in charge, which autocratic leader.3 new Fundamental Law gave rise to the meant, that the President of the NJO can term “one-party Constitution.”10 One of move judges to different courts and draw Re-elected as Prime Minister in 2010, the biggest critiques in regard to the new up court rules, and hold multiple legal Orbán and his alliance of the ruling parties Constitution was the fact, that it contained powers. The current President of the NJO is Fidesz and KDNP won with a two-third par- several “detailed rules” concerning certain Tünde Handó, a long-term friend of Prime liamentary majority and began to exploit issues that were about to be regulated by Minister Orbán.16 their legislative dominance4 and weaken the so-called Cardinal Laws. For Cardinal Hungary´s democratic institutions.5 Shortly Laws to be adopted, there is a need of When it comes to the reform of the after the election, Hungary experienced qualified majority of two-thirds of the Par- electoral system, Hungary consists of a a notable decrease in democratic values, liament members’ votes- this system could complex parliamentary voting system; a limitations to the freedom of media, and therefore easily lead to over-strengthening mixed proportional and single-member the abolition of the checks-and-balances the political preferences of the current district system. In 2011 a new electoral law system, from the Constitutional Court government and could make future re- was passed called “The Act on the elections throughout the judiciary system.6 forms difficult.11 of Members of Parliament of Hungary“. The law combined the mixed proportional The rapid deterioration of democracy in Additional risks to democracy can be and single-member district basis of the Hungary was made easier mainly due to noted when it comes to the Constitutional previous system but managed to reduce Hungary’s electoral system. Hungary, un- Court. According to the Venice Com- the number of seats in the Parliament like the other post-communist countries, mission, an expert body at the Council from 386 to 199 and increased the share chose not to adopt a new constitution of Europe, the Hungarian Constitution of single-member districts with 106 after the fall of the Iron Curtain and only lacks a clear statement ensuring that the individually elected seats and 93 party-list amended its 1949-law. This amendment, Court is an independent, separate power. seats. Thus, the number of single-member did on one hand, show a separation of po- Moreover, given the composition of the districts increased from 45.6 percent in the wers, however, on the other hand, enabled parliamentary committee, the concern old system to 53 per cent in the new”.17 a two-thirds parliamentary majority to arises that the government is able to ap- Therewith, altering the shape and size of push through major institutional changes. point new members of the Court without electoral districts, which turned out to be The assumption that no single party would consulting the opposition.12 As a matter of of clear advantage to the Fidesz party.18 ever win such a majority was proven to be fact all of the 11 judges of the Constituti- wrong after the elections in 2010, in which onal Court between 2010 and 2014 were The freedom of media was hampered by a Fidesz won 53 percent of the popular vote, appointed by the Fidesz government.13 package of media laws being introduced which was sufficient to reach a 68 percent by Fidesz in 2011, thanks to which Orban‘s majority in parliament. This enabled Fidesz The Constitution was also set to alter the government could easily introduce laws to unilaterally change the constitution and retirement age of judges and stirred a that significantly worsened the working replace the staff of the key institutions and turbulent discussion in the country as well, conditions of media outlets. A new Media transform the Prosecutor-General’s Office as this constitutional provision according Council within the National Media and Info and Electoral Commission, state media, to article 26(2) caused a large number of Communications Authority was created.

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According to the media laws, all media In order to promote a propaganda of such by the Hungarian authorities. The funda- outlets must register with the Media Coun- scale, the ruling party used its media em- mental rules of the preconditions of the cil and the Council is entitled to issue fines pire, meaning that in 2017, Fidesz made submission and evaluation of the appli- for news reports that are “imbalanced” or sure that the rhetoric was supported cation shall be established by a cardinal insulting.19 by Hungary’s regional newspapers; its A c t ”. 33 second-largest commercial television After the range of successful legislative company and its sole national commercial Amendments to the Fundamental Law changes beneficial to the ruling party, radio network. An example of the propa- didn’t concern only the matter of migra- Fidesz started pawing its way towards a ganda apparatus is the weekly Figyelő (Ob- tion but also changes to the Law on the second consecutive term, Orban‘s Fidesz server), owned by a government consul- Freedom of Assembly were passed on July won with a successful turnout of 45 tant. This newspaper helps to shape the 20. 2018, making it difficult for the citizens percent in the 2014 elections. Within this political environment and disposes with of Hungary to protest.34 Causing restriction term, in order to suppress the opposition advertising revenue of 70 percent coming of the freedom of assembly, clearly stated party Jobbik and gain an even bigger from the state. “Figyelő published a list of in its provision that “practicing the right to popularity amongst voters, the ruling more than two-hundred people (mainly assembly cannot involve the violation of party decided to make a U-turn and academics and human-rights activists) others private and family life or home.”35 directed its focus at an anti-migration whom it called “mercenaries” hired by propaganda. According to polls, the move Soros.”26 Throughout the year 2018, the govern- was successful, as between 2014 and 2015, ment continued its destructive efforts Hungary saw an increase in anti-foreigner In 2017, a sum of USD 250 million was by putting any organization with ties sentiment, with only 10 percent of the payed directed at advertisements on to Soros under attack from the media population, willing to allow an immigrant billboards, television ads, through which and the legislative initiatives.36 In June to enter Hungary.20 Orbán started his fight Orbán addressed his main enemies such as 2018, Hungary passed the so called “Stop against Brussels in order to block the Euro Brussels and George Soros.27 Soros” package of laws, with the aim to pean Union´s relocation quota scheme curb promoting and supporting illegal and provided an example for other Central In the elections of April 2018, Fidesz, migration.37 The law entered into force European countries to follow.21 He built a declared its third super majority victory, in July 2018 and changed the Criminal border fence with Serbia and made several with the four-time Prime Minister in the Code by criminalizing support to asylum legislative changes to the asylum poli- lead winning 133 seats, out of 199.28 Many and residence applications punishable by cy, making the irregular crossing of the believed that Orbán would slow down his imprisonment.38 The law banned any in- border a criminal offence sanctioned with illiberal state building activities, mainly dividuals or organizations from providing up to eight years of imprisonment.22 Since due to the pressure coming from Brussels29 assistance to undocumented immigrants.39 2015, the government has spent more as a reaction on the Hungarian Govern- The bill, also imposes a 25 percent tax on than 100 million euros to attract the atten- ment and its billboard campaign with foreign donations to NGOs that support tion of its voters towards the Hungarian- the slogan “Let’s Stop Brussels”30 in 2017, migration40 with actions such as “carrying American billionaire George Soros. The however this presumption turned out to out and participating in media campaigns”, Fidesz led anti-Soros campaign was trying be far from true. The government took se- “building and operating a network” or to convince voters that Soros and his veral steps to complete what it started and “educational activities.”41 hidden network, plan to bring millions of to defeat the last remaining independent immigrants to Europe, all with the goal to protectors of the rule of law.31 The refugee Amendments to the Fundamental Law promote a “cultural counter-revolution.”23 question continued to be the main topic also include the prohibition of homeless- Paradoxically, Soros was one of the first of the 2018 campaign, no surprise as since ness, which was considered to be a Human mentors of Orbán, funding his scholarship the attention was put on the refugee crisis, Rights violation by watchdog organiza- at Oxford during his student years.24 Fidesz gained half a million new voters.32 tions. The government’s defense in this matter is, that this provision is supposed to Fidesz propaganda also resulted in Anti-migration reforms continued to be protect the use of public spaces.42 strengthened anti-Western and promoted high on the agenda, moreover a seventh pro-Russian attitudes among the wider amendment to the Basic Law of Hungary One of the constitutional amendments Hungarian public. According to a survey, was passed in May 2018 stating in article (Bill T/332) was further aimed to erase the 51 percent of Fidesz voters would prefer 5 (1) “No alien population shall be settled boundaries between executive and judicial Russia to be the strategic partner of in Hungary. Any foreign citizen, excluding powers and give the government more Hungary and not the United States. Vladi- persons having the right of free movement control over the courts by establishing the mir Putin has the lead in popularity over and residence, shall be allowed to live in new Administrative Court system, that is to Angela Merkel or Donald Trump within the the territory of Hungary on the basis of his be dominated by judges, arriving from the country.25 or her application individually evaluated state’s public administration headed by a

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political appointee selected by the Parlia sion referred Hungary to the Court of about the overhaul of democracy in the ment.43 The Administrative High Court Justice for its NGO Law53 that according to country. The wider Hungarian public itself will dispose with the power to deal with the reasoned opinion of the Commission has recently shown dissatisfaction with all legal challenges of decisions taken by indirectly discriminates and disproportio- the government’s outrageous actions. state authorities, including cases on public nately restricts donations from abroad to Prime Minister Viktor Orbán has been procurement and civil liberties.44 civil society organizations.54 facing waves of protests peeking in December 2018 and January 2019. The In 2018 further moves were made against The European Parliament has also voted dissatisfaction of the Hungarian society the freedom of media, as the shutdown of in favor of starting a disciplinary action notably increased, in particular after the key media outlets (daily Magyar Nemzet, against Hungary as it breached the EU’s nationalist administration pushed through weekly HetiValasz) or change of ownership core values in September 2018. It was new labor laws that could require workers (HírTV)45 and several NGOs were publicly particularly concerned about the consti- to pursue up to 400 hours overtime per labeled, by a Fidesz MP as ‘organizations tutional and electoral system, privacy and year; a legislation also known as “slave promoting migration’.46 In April, the data protection, freedom of expression, l a w ”. 60 This is strongly disapproved by the aforementioned Figyelő, as part of the and academic freedom.55 opposition groups, which are preparing for government’s propaganda machinery, pu- more nationwide demonstrations and are blished an article titled “The Speculator’s The Parliament has therefore asked the EU a promising step of the opposition starting People”, which listed around 200 persons member states to determine the breach to work together more effectively. These who are supposedly active in “Soros orga- in accordance with Article 7 of the Treaty developments could finally create a coun- nizations”.47 on the European Union based on the ter weight towards Orbán’s “monopolistic Judith Sargentini Green MP, report against rule” and in a positive scenario alter the After a legal war with the government, Hungary.56 The sanctions that could anti-democratic course of Hungary.61 the Central European University was possibly follow would be the most serious forced out of the country and moved its that the EU can impose after a clear risk Lívia Benková is a Research Fellow at the accredited programs to Vienna.48 Further- of breaching fundamental values such as AIES. more, the Soros-supported Open Society democracy, the rule of law, or respect for Foundations due to government hostilities human rights and could result into the moved their regional office to Berlin.49 In suspension of EU voting rights. 57 Endnotes August 2018, the government introduced 1) Norwegian Helsinki Committee. 2018. Democracy and human its plan to abolish gender studies from the However, this is yet to be seen despite rights at stake in Hungary The Viktor Orbán Government’s drive country’s list of accredited university study the actions taken by the Parliament, this for centralisation of power. https://www.nhc.no/content/uploads/2018/08/Rapport_1_13_web.pdf programs. This decision, considered as a procedure might not result into sanctions 2) Mahony, H. 2014. Orban wants to build ‘illiberal state’. https:// state intervention into higher education in the near future as a decision is unlikely euobserver.com/political/125128 was addressed against two universities, to be taken prior to the European Parlia- 3) The New York Times. 2018. How a Liberal Dissident Became a Far-Right Hero, in Hungary and Beyond. https://www.nytimes. the Eötvös-Loránd University (ELTE), and ment election in May 2019. The vote itself com/2018/04/06/world/europe/viktor-orban-hungary-politics. the private Central European University, however signalizes a turning point in the html 4) Krekó, P., Enyedi, Z. 2018. Explaining Eastern Europe: Orbán’s 50 which were not consulted in advance. relations between the EU and Hungary. It Laboratory of Illiberalism. https://www.journalofdemocracy. also reveals emerging cracks in the mutual org/article/explaining-eastern-europe-orbán’s-laboratory- illiberalism Leading European bodies as the Council of relationship between Fidesz and the Euro- 5) The New York Times. 2018. How a Liberal Dissident Became a Europe and the Organization for Secu- pean People‘s Party.58 Far-Right Hero, in Hungary and Beyond. https://www.nytimes. rity and Cooperation in Europe (OSCE) com/2018/04/06/world/europe/viktor-orban-hungary-politics. html expressed criticism towards the new Conclusion 6) Krekó, P., Enyedi, Z. 2018. Explaining Eastern Europe: Orbán’s package of “Stop Soros laws”.51 In addition, Laboratory of Illiberalism. https://www.journalofdemocracy. org/article/explaining-eastern-europe-orbán’s-laboratory- the European Commission initiated an in- The generally shared reputation of Orbán illiberalism fringement procedure against “Stop Soros among the European politicians has 7) Norwegian Helsinki Committee. 2018. Democracy and human laws” due to them, being in breach of the deteriorated over the last few years. It rights at stake in Hungary The Viktor Orbán Government’s drive for centralisation of power. https://www.nhc.no/content/up- 52 EUs legal standards and referred Hungary can be said that the completion of an loads/2018/08/Rapport_1_13_web.pdf to the Court of Justice of the European illiberal state in Hungary is soon to be 8) Norwegian Helsinki Committee. 2018. Democracy and human rights at stake in Hungary The Viktor Orbán Government’s drive Union (CJEU) in July 2018 for violating EU finalized. Although Hungary remains part for centralisation of power. https://www.nhc.no/content/up- law on asylum. of the European Union, the actions of the loads/2018/08/Rapport_1_13_web.pdf 9) ibidem country mirror a conduct that breaches 10) Bogaards, M. 2018. De-democratization in Hungary: diffusely This is not the first time, that an infringe the core values of the block. Hungary does defective democracy. https://www.tandfonline.com/doi/full/10. ment procedure was started against have constitutional institutions, but they 1080/13510347.2018.1485015 11) Norwegian Helsinki Committee. 2018. Democracy and hu- 59 Hungary due to questionable laws. In lack the needed checks and balances. man rights at stake in Hungary The Viktor Orbán Government’s December 2017, the European Commis- It is not only Brussels that is concerned drive for centralisation of power. https://www.nhc.no/content/ uploads/2018/08/Rapport_1_13_web.pdf

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Nachdruck oder ver Amended for the 7th Time. https://www.liberties.eu/en/news/ Hungary Not a Nuclear Option, but the Right Step. http://www. gleichbare Verwendungen von Arbeiten des hungarian-fundamental-law-has-been-amended-7-times-by- gmfus.org/blog/2018/09/13/european-parliaments-article- Austria Instituts für Europa- und Sicherheitspolitik the-parliament-since-2011/15237 7-against-hungary-not-nuclear-option-right-step (AIES) sind auch in Auszügen nur mit vorheriger 36) Krekó, P., Enyedi, Z. 2018. Explaining Eastern Europe: Orbán’s 59) TASZ. 2018. Orban’s government heads towards arbitrary Genehmigung gestattet. Die im AIES-Fokus Laboratory of Illiberalism. https://www.journalofdemocracy. rule. https://tasz.hu/a/files/UPDATE-DEVELOPMENTS-IN-HUNGA- veröffentlichten Beiträge geben ausschließlich die org/article/explaining-eastern-europe-orbán’s-laboratory- RY_HHC-HCLU-AI.pdf Meinung der jeweiligen Autorinnen und Autoren illiberalism 60) CNBC. 2019. Hungary’s new ‘slave law’ risks first general wieder. 37) Beauchamp, Z. 2018. Hungary just passed a “Stop Soros” law strike since the fall of communism. https://www.cnbc. that makes it illegal to help undocumented migrants. https:// com/2019/01/11/orban-hungarys-new-slave-law-risks-first- Dr. Langweg 3, 2410 Hainburg/Donau www.vox.com/policy-and-politics/2018/6/22/17493070/hunga- general-strike-since-fall-of-communism.html Tel. +43 (1) 3583080 ry-stop-soros-orban 61) ibidem E-Mail: [email protected] 38) TASZ. 2018. Orban’s government heads towards arbitrary Website: www.aies.at rule. https://tasz.hu/a/files/UPDATE-DEVELOPMENTS-IN-HUNGA- RY_HHC-HCLU-AI.pdf Layout: Medienbüro Meyer 39) Beauchamp, Z. 2018. Hungary just passed a “Stop Soros” law