The Crisis of the Rule of Law, Democracy and Fundamental Rights in Hungary

Fleck, Zoltán and Chronowski, Nóra and Bárd, Petra (2022) The Crisis of the Rule of Law, Democracy and Fundamental Rights in Hungary. MTA LAW WORKING PAPERS, 2022 (4). pp. 1-23. ISSN 2064-4515

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Abstract

The EU is harboring a Member State which, through a method of abusive constitutionalism, is not a constitutional democracy anymore. Systemic violations of the Rule of Law are part of its governance, to the detriment of democracy and the well-being of its citizens. Crucially, this Member State could not join the EU, was it to apply today. This reality has dire consequences not only for the well-being of Hungarian citizens, but also forthe entire European project. Accordingly, reinforcing existing constitutional principles within the EU, as well as formulating new ones, is paramount: i.e. to be able to respond effectively to Rule of Law violations and improve EU’s enforcement. This paper (PAPER I) is an introduction to the matter at hand and will: (i) Analyze what the Rule of Law is and, crucially, why it is important for modern democratic societies and the well-being of citizens; (ii) Introduce the new authoritarianism in Hungary (iii) Present the EU’s-framework in protecting Rule of Law/democracy (iv) Describe how the Hungarian regime exploits the EU’s framework (v) Reflect on ensuring constitutional democracy at EUand national level. In consequent papers, various elaborated and detailed case-studies of these aspects will be presented

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