Hungary's Proposed Legal Changes Criticized as Authoritarian

Hungary's proposed amendments to its fundamental law are drawing sharp criticism for allegedly violating both Hungarian and international legal standards. Experts argue that the concept of "popular will" cannot justify legislation that infringes upon rights, and that political retribution should not be mistaken for justice.

The article expresses concern that political figures are inciting supporters and deepening societal divisions, rather than moderating demands and guiding electoral will within a legal framework. It specifically targets proposals to remove a quarter of the Constitutional Court members, alongside the head of state, as being contrary to the rule of law and humane solutions sought by European Union leaders.

Such actions, particularly the forced retirement of constitutional judges, are deemed incompatible with EU law and numerous decisions by the European Court of Justice. The article recalls a previous case (C 286/12) where the EU court ruled that the immediate retirement of judges, including constitutional judges, constituted unjustified discrimination and caused harm. In that instance, the Hungarian government was ordered to pay billions of forints in damages and reinstate the judges.

Furthermore, the article points to a similar ruling concerning Polish chief justices and judges. It suggests that the process for Hungarian constitutional judges might be significantly faster than the eleven months it took for Hungarian judges in the previous case, due to the precedent set by these guiding judgments. The prohibition of interrupting the mandate of public officials is also cited as a restriction under EU and Council of Europe law.

The piece concludes with a warning, echoing Ronald Reagan: "Tyranny does not come with marching boots and tanks – it arrives with quiet steps, in the guise of freedom." It emphasizes that dismantling the rule of law has historical consequences, and true leaders pursue paths of cooperation rather than revenge and concentrated power.