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 (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 for the 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. The full series: The Crisis of the Rule of Law, Democracy and Fundamental Rights in Hungary (Paper I: 2022/4) – Tactics Against Criticism of Autocratization. The Hungarian Government and the EU’s Prolonged Toleration (Paper II: 2022/5) – Inventing Constitutional Identity in Hungary (Paper III: 2022/6) – The Hungarian Constitutional Court and the Abusive Constitutionalism (Paper IV: 2022/7) – Is the EU Toothless? An Assessment of the Rule of Law Enforcement Toolkit (Paper V: 2022/8) – The CJEU and the ECtHR – High Hopes or Wishful Thinking? (Paper VI: forthcoming) – The Changes Undermining the Functioning of a Constitutional Democracy (Paper VII: 2022/9)

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