removal of leaders of government, rendering them unable to issue invoices or to benefit independent institutions and from a scheme that allows tax payers in Hungary to donate 1 the of the percent of their income to the civil society and religious “court-packing” Constitutional Court. As organizations of their choice. shown by the international criticism e.g. on behalf of the […] European Union and the Council of Europe, several Independence of the Judiciary rules adopted by the governing majority are not in 2012, when the new constitution entered into force, a series compliance with democratic of legal and constitutional changes have undermined the rule of values and international law and the independence of the judiciary. Despite some positive standards. The series of changes to the laws regulating the administration of the courts, governmental attacks against the president of the National Judicial Office, a post appointed by Hungarian NGOs, which the parliament for a body responsible for the administration of organizations operate by their the courts, retains the power to block candidates nominated by nature as checks and critics of the National Judicial Council for judicial appointments by the state power and fight for declaring the process void and restarting it. reinforcing the rule of law and ensuring the protection of The constitution, its March 2013 Fourth Amendment, and related human rights, is another step laws have restricted the powers of the constitutional court in the process aimed at undermining its ability to serve as a check on the executive establishing an authority. According to the fourth constitutional amendment, the ‘illiberal state’.” court can no longer review laws pertaining to the central budget and taxation issues and is not able to hear actio popularis cases brought by NGOs and others to litigate issues of broader public concern. The court is also prevented from consulting its own case law prior to January 2012. The Fourth Amendment restricts the court from ruling on the substance of constitutional amendments, a measure which allowed the government to reintroduce via a constitutional amendment the power to criminalize homelessness despite a law doing so having been previously struck down by the court as unconstitutional (discussed in more detail below).
removal of leaders of independent institutions and the “court-packing” of the Constitutional Court. As shown by the international criticism e.g. on behalf of the European Union and the Council of Europe, several rules adopted by the governing majority are not in compliance with democratic values and international standards. The series of governmental attacks against Hungarian NGOs, which organizations operate by their nature as checks and critics of the state power and fight for reinforcing the rule of law and ensuring the protection of human rights, is another step in the process aimed at establishing an ‘illiberal state’.” government, rendering them unable to issue invoices or to benefit from a scheme that allows tax payers in Hungary to donate 1 percent of their income to the civil society and religious organizations of their choice. […] Independence of the Judiciary 2012, when the new constitution entered into force, a series of legal and constitutional changes have undermined the rule of law and the independence of the judiciary. Despite some positive changes to the laws regulating the administration of the courts, the president of the National Judicial Office, a post appointed by the parliament for a body responsible for the administration of the courts, retains the power to block candidates nominated by the National Judicial Council for judicial appointments by declaring the process void and restarting it. The constitution, its March 2013 Fourth Amendment, and related laws have restricted the powers of the constitutional court undermining its ability to serve as a check on the executive authority. According to the fourth constitutional amendment, the court can no longer review laws pertaining to the central budget and taxation issues and is not able to hear actio popularis cases brought by NGOs and others to litigate issues of broader public concern. The court is also prevented from consulting its own case law prior to January 2012. The Fourth Amendment restricts the court from ruling on the substance of constitutional amendments, a measure which allowed the government to reintroduce via a constitutional amendment the power to criminalize homelessness despite a law doing so having been previously struck down by the court as unconstitutional (discussed in more detail below).
Hungary%20Review%20Team%20Report%20Final.docx