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

MTA Law Working Papers 2022/4

25 Pages Posted: 17 May 2022

See all articles by Zoltán Fleck

Zoltán Fleck

Independent

Nora Chronowski

National University of Public Service

Petra Bard

Central European University (CEU)

Date Written: April 4, 2022

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).

Suggested Citation

Fleck, Zoltán and Chronowski, Nora and Bard, Petra, The Crisis of the Rule of Law, Democracy and Fundamental Rights in Hungary (April 4, 2022). MTA Law Working Papers 2022/4, Available at SSRN: https://ssrn.com/abstract=4100081 or http://dx.doi.org/10.2139/ssrn.4100081

Zoltán Fleck

Independent ( email )

Nora Chronowski

National University of Public Service ( email )

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

Petra Bard (Contact Author)

Central European University (CEU) ( email )

Nador utca 9
Budapest, H-1051
Hungary

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
69
Abstract Views
261
Rank
502,300
PlumX Metrics