30th Nov 2022


Are Orban's Covid powers now the 'new normal' in Hungary?

  • Viktor Orban, masked, at a previous EU summit. Under his leadership, Fidesz has embarked on a decade-long effort to chafe at democratic norms, such as judicial independence, minority rights, and freedom of expression and association (Photo: Council of the European Union)
Listen to article

As the world continues to seek productive ways to provide assistance to the beleaguered citizens of Ukraine, the Hungarian government is now using the humanitarian crisis to further its own authoritarian ambitions.

On 3 May 3, 2022, Hungary's minister of justice submitted the 10th amendment of Hungary's Constitution (also known as the Fundamental Law) to parliament with one crucial change: a new "special legal order" empowering the government to declare a state of emergency "in the event of [an] armed conflict, war or humanitarian catastrophe in a neighbouring country."

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

With an active war in a bordering nation, the amendment would presumptively authorise the government to supersede parliament and issue laws by decree that restrict civil and political rights.

International actors, including the European Union, should view the expansion of executive authority with apprehension given the openly anti-democratic aims of Hungary's dominant right-wing political party, the Hungarian Civic Alliance (Fidesz).

Under the leadership of Viktor Orbán, the party has embarked on a decade long effort to chafe at democratic norms, such as judicial independence, minority rights, and freedom of expression and association.

There are indeed legitimate reasons for declaring public emergencies as citizens must occasionally accept reasonable and well-tailored restrictions to fundamental rights in exchange for the expeditious and effective management of grave national emergencies.

However, Hungary's actions must be contextualised within its recent history of using transnational crises as pretexts to restrict human rights.

Most prominently, in the last two years the government has repeatedly declared a "state of danger" due to the Covid-19 pandemic and took advantage of their expanded powers to issue heavy-handed restrictions clearly aimed at curbing political dissent.

These included the criminalisation of freedom of expression, as one could be fined or imprisoned for the ill-defined act of disseminating false information "capable of obstructing the efficiency of protection efforts," and the imposition of new obstacles on media freedom, as the government restricted the ability of the independent press to report on the pandemic from hospitals.

Using Covid to clamp down

Further, while many countries reasonably abridged the right of assembly to limit the spread of the pandemic, Hungary has used its emergency powers to limit gatherings as a ploy to target political opposition.

For instance, in 2020, a neo-Nazi rally was held without police interference in an open public square, despite the fact that Covid-19 precautions were not followed; in contrast, when opposition and independent MPs organised a 'car' demonstration against pandemic-related restrictions, the government levied hefty fines against the protesters even though they remained in their vehicles and followed social distancing guidelines.

While the current national state of emergency is in place until 1 June, 2022, it is untenable for the government to continue to justify the current special order based on the pandemic, as nearly all Covid-related restrictions have already been lifted.

Now, Fidesz is seeking to adopt a constitutional amendment authorising a state of emergency based upon a war in Ukraine that may continue for years.

It is apparent why Fidesz prefers acting through emergency procedures even with a large parliamentary majority: ruling by executive decree carries little political risk, as there are no debates on legislative proposals during which an opposition party can play an important role in shaping public opinion.

Instead, decrees can be adopted in the shadows and target bedrock democratic rights, beyond the extent permitted under normal circumstances.

While Orbán would undoubtedly maintain that rule of law still exists in Hungary, the government's intention to amend the constitution is clearly meant to shroud Fidesz's authoritarian actions under the cloak of legality.

In reality, rule of law means more than an exercise of public power that is formally in line with the constitution; it means that the judicial system and constitution serve as effective boundaries for the executive branch.

This begs the question: has a national state of emergency becomes the new normal in Hungary?

Given recent developments, one must answer this question affirmatively, unless and until Hungary's Constitutional Court and the European Union thwart Hungary's executive overreach.

Thus far, the Constitutional Court has shirked its obligation to serve as an effective check on the arbitrary imposition of executive power. In politically-sensitive cases, where the constitutionality of executive decrees had been reviewed, the court deliberately delayed adjudicating the lawsuits until the expiry of the decrees, resulting in the dismissal of complaints on procedural rather than substantive grounds.

The European Union seems to offer a more promising venue for action, and most recently the EU Parliament took the significant step of triggering Article 7 of the EU Treaty, which would hold Hungary responsible for a "systemic deficiency" in the rule of law.

As the commission's proceedings on Hungary are set to begin, the consequences of Fidesz's actions cannot be ignored by the EU if the rule of law is considered to be a shared value of its member states.

Hungary's human rights activists will continue to monitor legal developments, document the dismantling of democracy and perform a critical watchdog function in instances involving abuses of power.

However, without a supportive EU and European community of nations, not only will the Hungarian government continue its power grab, but other states in the region will be emboldened to follow down the same dark path of authoritarianism.

Author bio

Sanjay Sethi JD is a human rights lawyer and the co-executive director of Artistic Freedom Initiative, a legal advocacy non-profit dedicated to promoting and defending the right to artistic expression.

Emese Pásztor LL.M is an attorney specialising in strategic litigation in the defence of political rights. She is the head of the Political Freedoms Project at the Hungarian Civil Liberties Union and a lecturer at the Constitutional Law Department of ELTE University in Budapest, Hungary.


The views expressed in this opinion piece are the author's, not those of EUobserver.

Hungary turned into 'hybrid regime', MEPs say

The new draft European Parliament report is an update to the 2018 report which triggered the Article 7 procedure against Hungary, a sanctions probe aiming to rein in member states that break EU rules and values.

EU starts unprecedented rule-of-law probe against Hungary

The so-called conditionality mechanism has been invoked, for the first time in EU history, over long-standing concerns of corruption, amid allegations Viktor Orbán's allies syphoned off EU money, and over how Budapest ignored commission concerns.

Orbán has hurt Hungarian culture, not just politics

Once considered a global haven for artistic creation, Hungary under Viktor Orbán's influence is becoming an increasingly closed space for artists and cultural producers who oppose the government.

Rich states finally kill vaccine-waiver proposal at WTO

The World Trade Organization reached a deal on patents for Covid-19 vaccines, after a deadlock of nearly two years — since India and South Africa submitted a joint proposal to waive intellectual property rights of vaccines worldwide.


Right of Reply: Hungarian government

The government in Budapest responds to EUobserver opinion piece "Are Orban's Covid powers now the 'new normal' in Hungary?"

Orbán's overtures to Moscow are distasteful and detrimental

Some Western European politicians are reviving the chimera of a negotiated settlement. None of this makes the current, half-hearted approach towards sanctioning Russia look better — nor does it shed any favourable light on the cravenness of Hungary's current government.

A missed opportunity in Kazakhstan

Tokayev received congratulations on his election victory from presidents Xi, Putin, Erdogan, and Lukashenko. However, the phone in the Akorda, Kazakhstan's presidential palace, did not ring with congratulatory calls from Berlin, Paris, London, or Washington.

News in Brief

  1. 'Pro-Kremlin group' in EU Parliament cyberattack
  2. Ukraine will decide on any peace talks, Borrell says
  3. Germany blocks sale of chip factory to Chinese subsidiary
  4. Strikes and protests over cost-of-living grip Greece, Belgium
  5. Liberal MEPs want Musk quizzed in parliament
  6. Bulgarian policeman shot dead at Turkish border
  7. 89 people allowed to disembark in Italy, aid group says
  8. UN chief tells world: Cooperate on climate or perish

Stakeholders' Highlights

  1. Nordic Council of MinistersCOP27: Food systems transformation for climate action
  2. Nordic Council of MinistersThe Nordic Region and the African Union urge the COP27 to talk about gender equality
  3. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  4. Friedrich Naumann Foundation European DialogueGender x Geopolitics: Shaping an Inclusive Foreign Security Policy for Europe
  5. Obama FoundationThe Obama Foundation Opens Applications for its Leaders Program in Europe
  6. EFBWW – EFBH – FETBBA lot more needs to be done to better protect construction workers from asbestos

Latest News

  1. EU Commission proposes suspending billions to Hungary
  2. EU: Russian assets to be returned in case of peace treaty
  3. Frontex leadership candidates grilled by MEPs
  4. Portugal was poised to scrap 'Golden Visas' - why didn't it?
  5. Why the EU asbestos directive revision ... needs revising
  6. Nato renews membership vow to Ukraine
  7. Catalan spyware victims demand justice
  8. Is the overwhelming critique of Qatar hypocritical?

Stakeholders' Highlights

  1. European Committee of the RegionsRe-Watch EURegions Week 2022
  2. UNESDA - Soft Drinks EuropeCall for EU action – SMEs in the beverage industry call for fairer access to recycled material
  3. Nordic Council of MinistersNordic prime ministers: “We will deepen co-operation on defence”
  4. EFBWW – EFBH – FETBBConstruction workers can check wages and working conditions in 36 countries
  5. Nordic Council of MinistersNordic and Canadian ministers join forces to combat harmful content online
  6. European Centre for Press and Media FreedomEuropean Anti-SLAPP Conference 2022

Join EUobserver

Support quality EU news

Join us