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

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).