Articles for author: Renáta Uitz

Poland, Hungary and Europe: Pre-Article 7 Hopes and Concerns

The European Commission’s opening of a rule of law dialogue with Poland in the new pre-Article 7 format developed last year is an important test of European constitutionalism both on the EU and on the Member State level. The mechanism is meant to address systemic violations of the rule of law in several steps, in the format of a structured dialogue. The new procedure does not preclude or prevent the launching of an infringement procedure by the Commission. The probe into Poland’s measures against the Constitutional Tribunal and its new media regulation is expected to test the viability of an EU constitutional enforcement mechanism against a Member State.

14. März 2016

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Expelling dissent: On account of the ECtHR judgment in Baka v Hungary

The European courts have been rather active in finding Hungary in violation of European constitutional and human rights minimum standards in April and in May 2014. In the most recent judgment in this line of cases, Baka v Hungary, the ECtHR found that the last chief justice of the Hungarian Supreme Court, András Baka, had been removed from office through constitution-making before the end of his term due to his criticism of the government’s judicial reforms. The Baka case is symptomatic of a fundamental shortcoming of Hungary’s new constitutional reality: the suppression and expulsion of dissent from the domestic political sphere. Sadly, the timing of the ECtHR’s judgment is perfect, as it comes at a time when the government is taking intense legal steps and other measures silence dissenting voices even further.

3. Juni 2014

Collective Constitutional Learning in Europe: European Courts Talk to Hungary (Again)

Both the CJEU and the ECtHR have handed down decisions against Hungary, on the same day and only two days after the Hungarian national elections in which the party of PM Viktor Orbán, FIDESz, won an overwhelming majority. While the CJEU judgment on the data protection ombudsman is spectacularly technical, the ECtHR judgment on the 2011 church law is much more comprehensive. Both judgments bring sobering and timely reminders to a freshly reelected Hungarian government on the shortcomings of Hungary’s reinvented constitutional framework. At the same time, the two judgments can be read as a timely reality check on some key aspects of the Commission’s newly envisioned EU Framework for strengthening the Rule of Law. Both the CJEU and the ECtHR have handed down decisions against Hungary, on the same day and only two days after the Hungarian national elections in which the party of PM Viktor Orbán, FIDESz, won an overwhelming majority. While the CJEU judgment on the data protection ombudsman is spectacularly technical, the ECtHR judgment on the 2011 church law is much more comprehensive. Both judgments bring sobering and timely reminders to a freshly reelected Hungarian government on the shortcomings of Hungary’s reinvented constitutional framework. At the same time, the two judgments can be read as a timely reality check on some key aspects of the Commission’s newly envisioned EU Framework for strengthening the Rule of Law.

9. April 2014

Hungarian Ban Of Totalitarian Symbols: The Constitutional Court Speaks Up Again

Although the Hungarian government promised not to strike back after the Constitutional Court’s finding the constitutional amendment on the voters‘ registry unconstitutional, more recently it became clear that the Court will face a more comprehensive response than an occasional constitutional amendment overturning its recent decisions. The constitutional amendment tabled by the government in early February 2013 (T/9929) will essentially restore the invalidated Transitional Provisions into the core text of the Fundamental Law. Among the restored provisions the lengthy segment of the former Transitional Provisions on „Transition from Communist Dictatorship to Democracy“ is inserted in the „Foundation“ section of Fundamental Law ... continue reading

22. Februar 2013

Hungarian Ban Of Totalitarian Symbols: The Constitutional Court Speaks Up Again

Although the Hungarian government promised not to strike back after the Constitutional Court’s finding the constitutional amendment on the voters’ registry unconstitutional, more recently it became clear that the Court will face a more comprehensive response than an occasional constitutional amendment overturning its recent decisions. The constitutional amendment tabled by the government in early February 2013 (T/9929) will essentially restore the invalidated Transitional Provisions into the core text of the Fundamental Law. Among the restored provisions the lengthy segment of the former Transitional Provisions on “Transition from Communist Dictatorship to Democracy” is inserted in the “Foundation” section of Fundamental Law ... continue reading

22. Februar 2013

Rescue Package for Fundamental Rights: Comments by RENATA UITZ

In order to full appreciate the Heidelberg proposal, I believe it is important to read it not only as a reaction to the developments of the last year and a half in Hungary, but as a response to a deeper problem of the European Union, of which the Hungarian case is only a grave symptom. From the EU perspective what makes the Hungarian case worthy of reflection is the lack of compelling force in the reactions of the EU to national developments which clearly appeared to go against fundamental principles of constitutionalism, rule of law and the protection of human ... continue reading

27. Februar 2012