Illegal Legality and the Façade of Good Faith – Migration and Law in Populist Hungary

Review of Central and East European Law, Vol. 47 (2022): Issue 1, pp. 139-165.

27 Pages Posted: 4 Apr 2022

See all articles by Tamás Hoffmann

Tamás Hoffmann

Corvinus University; Corvinus University of Budapest; Hungarian Academy of Sciences CSS Institute for Legal Studies

Date Written: March 11, 2022

Abstract

Hungarian migration regulation has undergone a radical transformation since 2015, resulting in a system that essentially deprives asylum seekers of any international protection. This was a strategic move by the government to portray itself as the defender of Hungary and even Europe of the menace of uncontrolled migration. This article critically analyzes this transformation by first giving a comprehensive account of the major legislative changes and showing how they were framed to boost the populist political propaganda of the government. Then it argues that even though such populist legalism is in clear contravention of Hungary’s international legal obligations and thus constitute bad faith action, the European Union is still powerless to effectively oppose these measures since its own asylum policies are aimed at maintaining “Fortress Europe”, i.e. restricting irregular migration as much as possible through legal and informal measures. In conclusion, the only real antidote to populist legalism would be acting in good faith.

Keywords: migration, populism, international law, EU law, Hungary, European Union, good faith

JEL Classification: K33, K37

Suggested Citation

Hoffmann, Tamás and Hoffmann, Tamás and Hoffmann, Tamás, Illegal Legality and the Façade of Good Faith – Migration and Law in Populist Hungary (March 11, 2022). Review of Central and East European Law, Vol. 47 (2022): Issue 1, pp. 139-165. , Available at SSRN: https://ssrn.com/abstract=4055547 or http://dx.doi.org/10.2139/ssrn.4055547

Tamás Hoffmann (Contact Author)

Corvinus University ( email )

Budapest
Hungary

Hungarian Academy of Sciences CSS Institute for Legal Studies ( email )

Orszaghaz u 30.
Budapest, 1015
Hungary

Corvinus University of Budapest ( email )

Hungary

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