The Case of Hungary: Beyond the Rule of Law

Chronowski, Nóra: The Case of Hungary: Beyond the Rule of Law. In The Crisis of the Rule of Law in the EU (ed. Antonis Metaxas) [ISBN 978-618-5027-93-3] Eurasia Publications, Athens, 101-111, 2019

7 Pages Posted: 13 Mar 2020

See all articles by Nora Chronowski

Nora Chronowski

National University of Public Service

Date Written: November 30, 2018

Abstract

Developments in Hungarian constitutional law after 2010 suggest that the era in Hungarian constitutionalism characterized by a commitment to the rule of law has been replaced by an era where the law is regarded as an instrument available to government to rule. The Constitutional Court’s attempts to continue the legacy of pre-2010 constitutionalism were reproached by the government delimiting the powers of the Court or overruling its decisions in amendments of the constitutional text. The independence of the judiciary was also challenged by the two-third majority government through administrative and legislative means. Although European fora pointed out the deficiencies, the respect for the rule of law has significantly declined and the government got rid of the substantive bounds of this principle. The paper focuses on these developments by:

(1) giving a short introduction into the constitution-making and amending practice of the governing majority from 2010 to 2018,

(2) emphasizing the changes related to constitutional jurisdiction and the competences of the Constitutional Court, and

(3) outlining the challenges on judicial independence and the on-going establishment of separate administrative courts.

Keywords: Rule of Law, Hungarian Constitutional Court, Judiciary

JEL Classification: K10

Suggested Citation

Chronowski, Nora, The Case of Hungary: Beyond the Rule of Law (November 30, 2018). Chronowski, Nóra: The Case of Hungary: Beyond the Rule of Law. In The Crisis of the Rule of Law in the EU (ed. Antonis Metaxas) [ISBN 978-618-5027-93-3] Eurasia Publications, Athens, 101-111, 2019, Available at SSRN: https://ssrn.com/abstract=3538670

Nora Chronowski (Contact Author)

National University of Public Service ( email )

Menesi u. 5
H-1441 Budapest, P.O. Box 60
Budapest, Budapest 1115
Hungary

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