Hungary's undermining of rule of law endangers human rights

topic:	Rule of Law
located:	Hungary
editor:	Katarzyna Rybarczyk

The decline of judicial independence in Hungary is one of the reasons the country has been declared “no longer a fully functioning democracy” by members of the European Parliament. Since the beginning of the year, Hungary has come under pressure from EU institutions due to concerns over the lack of transparency in its legislative processes. The situation in Hungary has continued to worsen, prompting the EU to urge Budapest to implement reforms aimed at improving judicial independence and tackling corruption.

The Hungarian rule-of-law crisis dates back to 2012 when the Fidesz government created a reformed electoral system that granted significant advantages to the winning party. It was also then that the Hungarian government lowered the retirement age for judges, a move that has been found incompatible with EU law. Since then, the entire judiciary has become a target of Orbán’s abusive constitutionalism, and violations of the rule of law have only continued.

A recent Rule of Law Report published by the European Commission reveals that “in Hungary, concerns relate in particular to the possibility of discretionary decisions as regards judicial appointments and promotions, including the election of the President of the Supreme Court, case allocation and bonuses.” This can lead to the appointment of judges who are not impartial, compromising individuals’ right to a fair trial, enshrined in Article 6 of the Human Rights Act.

The document also brings attention to the fact that “the lack of a robust track record of investigations, prosecutions and final judgements of corruption allegations concerning high-level officials and their immediate circle remains a serious concern.” When corruption allegations are not adequately addressed, the principles of transparency and accountability - both of which are essential for the protection of human rights - become undermined.

“The Rule of Law is linked not only to human rights but also to democracy,” pointed out the Venice Commission of the Council of Europe. In an attempt to reverse the backsliding of the rule of law in Hungary, the EU has suspended the country’s funding, which amounts to 15.4 billion euros in free grants and cheap loans. To unfreeze the funds, Budapest must “adopt laws, which will strengthen the position of the judges, which will then strengthen the anti-corruption actions," said Vera Jourova, a deputy head of the European Commission.

Nonetheless, as Hungary is reluctant to cooperate, there is a risk that withholding these resources will have a negative impact on sectors such as education and healthcare. Therefore, the EU should explore alternative strategies to address the violations of rule of law in Hungary while minimising the potential harm to the Hungarian population. This could involve placing more emphasis on diplomatic negotiations or capacity building to strengthen the rule of law institutions.

It is essential to strike a balance between holding the Hungarian government accountable for human rights abuses and protecting the well-being of the Hungarian people.

Image by Vojtěch Bulant

Call to Action

Foster human rights in Serbia and the Balkans