Brussels, 31.03.2020: On 30 March, Hungarian Prime Minister Viktor Orbán succeeded in passing a law in the Hungarian Parliament that will allow his government to rule by decree, for an indefinite time without constraint of existing law and without being subject to further parliamentary scrutiny. The Hungarian leader, who has a track record of democratic backsliding, has once again taken advantage of a crisis, this time using the exceptional circumstances of a public health emergency to strengthen his rule and further undermine Hungary’s system of check and balances.

Presented to Hungarian citizens and the rest of Europe as a necessary and proportionate emergency measure to fight COVID-19, the bill foresees lasting changes to the criminal law, allowing his government to impose prison sentences of up to 8 years and to silence anyone who the government deems to violate the curfew or spreading information that is not in line with the government’s position. 

The law undermines parliamentary scrutiny; the Parliament, which has already decided not to meet for the foreseeable future, may not act to counter any measures taken by Orbán while the state of emergency lasts. Furthermore, no elections can be held during the state of emergency. Also, Orban has the power to suspend or override any existing law as long as the emergency continues.

Governments across Europe undeniably find themselves under immense pressure to deal with the threats of the pandemic. But Orban’s new law is not proportionate to the threat presented by the public health crisis. It will not protect Hungary from the virus – as a financial boost to the health system could have, for example. Instead, by curtailing parliamentary, judicial and democratic checks and balances, the fear is that the government will be able to undermine rights and freedoms and crack down on media and civil society.

The European Commission must take action immediately, to protect the rights of Hungarian citizens and to defend our European values. Together with the Council, the Commission should assess Hungary’s new emergency measures and must insist that these measures must have an end date and they need to respect parliamentary democracy and the rule of law. The EU institutions should call on the Hungarian government to comply with the values enshrined in Article 2 of the TEU as well as the European Convention of Human Rights, and they should use the Article 7 procedure if necessary. Failure to comply should have consequences, for instance by withholding the EU funds Hungary receives.

In addressing the current situation, Petros Fassoulas, Secretary-General of the European Movement International, said “The fight against the coronavirus pandemic presents a big challenge for everyone, but the health crisis cannot become a pretext for governments to undermine democracy, the rule of law and freedom of speech. Sovereign parliaments, independent courts and free press are crucial elements in every democracy, especially in crisis situations that leave citizens vulnerable. Any emergency measures that require rules to be stretched must be of temporary nature, and any state of emergency must be regularly reassessed, under scrutiny by the legislature and judiciary.”

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Press contacts

Christian Skrivervik – Head of Press and Communications, European Movement International

christian.skrivervik@europeanmovement.eu