Orban has ignored Brussels’ “concern”

Hungarian Parliament by an absolute majority of vote adopted the amendments that are contrary to the Constitution. The decision was supported by the votes of 265 deputies of the Hungarian Parliament, controlled by the Conservative Party “Fides” led by the Prime Minister Viktor Orban. Only 11 MPs voted against the amendments and 33 MPs abstained.

According to The Associated Press, the amendments introduce a number of law provisions that extend the authority of the government, limiting the judicial power. Earlier the Constitutional Court defined these amendments as such that violate the Constitution. The Associated Press reported that the critics of the changes to the Constitution believe that these amendments threaten fundamental principles of the system of checks and balances in a democracy. Besides, the amendments would affect the system of higher education in the country. For instance, students who are studying at public expense, will be required to work for a certain period of time in Hungary. And those who would choose to work abroad would have to compensate the state for the cost of training. Obviously, young Hungarians are especially unhappy about this fact.

The amendment to the Constitution, which prohibits the sale of land to foreigners, was included based on the decision adopted by the Parliament. Vast majority of MPs voted for the ban. The Hungarian Ministry of Agriculture and Rural Development made the statement where they called this decision “historical” and such that marked the beginning of a new era of agriculture for the country.

However, people in Hungary, as well as in Brussels and also in Washington are concerned with the fact that the amendments to the Constitution were adopted despite opposition protests that brought together thousands of people and the warnings from European leaders.

For example, the Secretary General of the Council of Europe Thorbjorn Jagland expressed concern about the possible adoption of the amendments to the Constitution of Hungary without prior expertise by the experts of the Venice Commission. Jagland’s concern can be explained by the possible conflict between the government and the Constitutional Court of Hungary, who had criticized the government regulations.

Chief of German diplomacy Guido Westerwelle, commenting on the upcoming vote in the Hungarian Parliament, said that Germany expects that the European countries should adhere to the values of the Old Continent. “It’s not only about the Constitution and the law written on paper – we should stick to them,” said Westerwelle in Brussels.

In a telephone conversation on March 8 President of the European Commission Jose Manuel Barroso said the Hungarian Prime Minister Orban that his government and the Parliament should respond to the concerns of Brussels “in accordance with the democratic principles of the EU.”

The copy of the letter-response to Barroso’s appeals has been published on the website of the Hungarian news agency MTI. In this letter Orban promised that Hungary will respect the norms and rules of the European Union, without going into details.

Now, after the amendments have been adopted, the opposition still has hope that the current Hungarian President Janos Ader will veto them. Several hundreds of people, who staged a demonstration on March 11 in front of the parliament building in Budapest, urged him to do so. Former Hungarian President Laszlo Solyom, who served as the head of the Constitutional Court, also thinks that the president’s veto is the last way to prevent the ruling majority from ignoring this state institution. Hungarian newspaper Nepszabadsag quoted Solyom: “The way the Parliament is acting from both legal and regulatory point of view was typical for the Communist party system in Hungary.” The Hungarian Constitution was last amended in December 2012.

The Day asked Hungarian journalist Tamas BODOKY of the portal atlatszo.hu, who illuminates the issue of transparency in Hungary and is engaged in investigative journalism on this topic, to explain what motives move Orban, who tries to introduce amendments to the Hungarian Constitution.

“Hungarian prime minister wants more authority, that’s why he doesn’t approve of the work of the Constitutional Court, which limits his power. Although the ruling party has wide support among the population, many are against the adoption of the new amendments, fearing the restriction of democratic freedoms in the country achieved over the past 20 years.

“As for the expectations of the former Hungarian president and many protesters that the current president will veto the amendment, I am afraid that Ader will not do it. He is a member of the ‘Fides’ party and premier’s friend. Moreover, up until now he has not expressed his opinion regarding this issue.

“And in general this situation, when the amendments are being adopted despite the expressed concern of Brussels and Washington, may have a very bad impact on the image of the country. Many fear that this will mark the beginning of the retreat from democratic norms and standards that have characterized Hungary for the past 20 years. The authorities do not want to talk with the opposition. I do not think that the opposition and mass protests against the adoption of the amendments will change the course of the present government. In my opinion, the European Union can take some action against the Hungarian government, but I doubt that it will have any effect.”