Articles for author: Kim Lane Scheppele

In Praise of the Tavares Report: Europe finally said No to Viktor Orbán

The Tavares Report, adopted by the European Parliament with a surprisingly large majority, provides a bill of particulars against the Hungarian government and lays out a strong program to guide European Union institutions in bringing Hungary back into the European fold. With the passage of this report, Europe has finally said no to Prime Minister Viktor Orbán and his constitutional revolution.

In Praise of the Tavares Report: Europe finally said No to Viktor Orbán

The Tavares Report, adopted by the European Parliament with a surprisingly large majority, provides a bill of particulars against the Hungarian government and lays out a strong program to guide European Union institutions in bringing Hungary back into the European fold. With the passage of this report, Europe has finally said no to Prime Minister Viktor Orbán and his constitutional revolution.

1984, Hungarian Edition

The Hungarian parliament recently passed a new national security law that enables the inner circle of the government to spy on people who hold important public offices. Under this law, many government officials must “consent” to being observed in the most intrusive way (phones tapped, homes bugged, email read) for up to two full months each year, except that they won’t know which 60 days they are under surveillance. Perhaps they will imagine they are under surveillance all of the time. Perhaps that is the point. More than 20 years after Hungary left the world captured in George Orwell’s novel ... continue reading

Constitutional Revenge

One year ago, Hungary’s slide from a multiparty democracy into a one-party state was all over the headlines.    The European Union responded, threatening sanctions.  The Council of Europe (keeper of the European Convention on Human Rights) repeatedly rapped Hungary’s knuckles  for violating European norms on democracy and the rule of law.   The United States expressed concern.    The forint (Hungary’s currency) dramatically weakened, even against the weakening Euro. One year is a long time in politics and the current one-party Fidesz government has simply waited out the storm.   Sure enough, the European Union has gone back to business as usual, even ... continue reading

Constitutional Revenge

One year ago, Hungary’s slide from a multiparty democracy into a one-party state was all over the headlines.    The European Union responded, threatening sanctions.  The Council of Europe (keeper of the European Convention on Human Rights) repeatedly rapped Hungary’s knuckles  for violating European norms on democracy and the rule of law.   The United States expressed concern.    The forint (Hungary’s currency) dramatically weakened, even against the weakening Euro. One year is a long time in politics and the current one-party Fidesz government has simply waited out the storm.   Sure enough, the European Union has gone back to business as usual, even ... continue reading

How to Evade the Constitution: The Hungarian Constitutional Court’s Decision on Judicial Retirement Age, Part II

Part Two: “The System Remains” (Continued from Part 1: The Decision) On the question of remedies offered by the Court decision itself, the Constitutional Court engaged in what I’ve called elsewhere “new judicial deference.” In practicing new judicial deference, a court makes a brave decision on the law but then fails to give the claimant any meaningful relief.  The claimant wins big on principle.  But if you are actually the claimant who brought the case seeking some change in your situation, you discover that you got only words.  In the judicial retirement age case, the Court did not have the ... continue reading