We need to talk about Hungary’s constitution

Anna Sonny, 5 April 2013

EU leaders have accused Hungarian Prime Minister Viktor Orban of passing a series of constitutional amendments that threaten the democratic checks and balances of the country. These claims sit uncomfortably within the context of Hungary’s recent political history; the former Communist state was the first to open its borders in 1989, marking the start of the fall of the Iron Curtain and the transition to liberal democracy in most of Eastern Europe. In 2010 Orban won the elections by a landslide, gaining almost 68% of the vote, the biggest victory seen in Hungary since the fall of the Soviet Union.

This two-thirds majority in parliament has allowed Orban to push through radical legislation, tightening his grip on executive power in the country. In early 2012, the constitution was changed completely, and has since been amended again, curtailing the authority of the constitutional court by overturning earlier rulings, and introducing media laws that have been said to restrict press freedom. Changes approved last month include fines for homeless people who sleep on the streets, and a controversial rule that students can only receive state grants if they agree to stay and work in Hungary after graduating, despite a youth unemployment rate of 29%.

These moves have been heavily criticised by EU leaders, the US government and various human rights organisations. Orban argues that he was voted in by an overwhelming majority who trust him to make these changes, and that he is trying to get rid of what remains of the communist legacy in the constitution. But to the rest of Europe, these controversial amendments are a cause for concern and the extension of his executive powers looks suspicious.

Last month, Orban adamantly declared that the amendments do not violate EU law and rejected calls to delay a parliamentary vote on the changes, despite protests from Hungarians in the capital. He has also stated that he should not have to listen to ‘the bureaucrats in Brussels’. This is the familiar cry of many eurosceptics here in Britain but within the context of an ever-increasing centralization of power, it is very worrying indeed.