Articles for category: Ungarn

To Uniformity and Beyond

&

After the Hungarian judiciary had already faced controversy over the preliminary reference procedure under Article 267 TFEU in the question phase, a new tension has emerged. The supreme judicial body in Hungary now seeks to intervene in the answer phase of the procedure – aiming to shape the referring court’s interpretation and application of the CJEU’s ruling. These dynamics foreshadow an institutional conflict over how the Hungarian judiciary internalizes and operationalizes the jurisprudence of the CJEU. At stake is the fulfillment of the principle of sincere cooperation enshrined in Article 4(3) TEU.

10. September 2025

, , , , , , , ,

A Legal Scalpel Instead of an Axe

Hungary appears to be assuming the role of a Trojan horse in the European Union, advancing the interests of foreign powers. Of particular concern is Hungary’s conduct in the field of the Common Foreign and Security Policy, especially in light of its obstruction of EU sanctions against Russia. Thus far, the EU’s conventional instruments have proven insufficient in curbing Hungary’s veto strategy. For this reason, I propose a path that is both legally feasible and politically realistic: a reinterpretation of Article 7 TEU that would allow for a targeted use of the instrument.

9. Juli 2025

, , , ,

Overcoming the Hungarian Veto

&

A Russian victory over Ukraine would make a military confrontation with Europe more likely. To prevent this, the Union must prolong the Russian sanctions, including the freezing of 200 billion EUR in central bank assets. The prolongation of these sanctions requires a unanimous decision pursuant to Article 31(1) TEU. Hungary threatens to obstruct this decision. We propose a way to end Hungary's obstruction. It requires no grand actions, only a few interpretative steps and a narrow political consensus.

13. Juni 2025

, ,

Somewhere Over The Rainbow

On 5 June 2025, Advocate General Ćapeta issued her Opinion in Commission v. Hungary, a landmark ECJ case on Hungary’s “anti-LGBTIQ” law. While the law is overtly discriminatory, the Commission framed its case around internal market rules, Charter rights, and Article 2 TEU values. While this might seem curious, I argue this reflects a strategic “camouflaging” of non-discrimination claims to better protect LGBTIQ rights within the limits of current EU anti-discrimination and equality law.

11. Juni 2025

, , , , , ,

A Threat to the Core

On May 13, 2025, just before midnight, a FIDESZ deputy tabled a new bill before the Hungarian Parliament. The bill seeks to enhance “sovereignty protection measures” by introducing sweeping transparency instruments targeting foreign-funded interference in Hungarian public life. These restrictions purposefully shrink civic space further, roll back protections of fundamental rights and impair the functioning of constitutional democracy in a retrogressive fashion. When adopted, Hungary’s constitutional order will fundamentally regress from the state that existed at the time of its accession to the European Union.

21. Mai 2025

, , , , ,

Tackling the Union’s “Orbán Problem” Now

The EU is facing an “Orbán problem”. That much is clear. The Hungarian government not only pursues an illiberal domestic agenda that violates the Union’s values in Article 2 TEU, but also cultivates close ties with autocratic regimes abroad, particularly with Russia. The Hungarian government consistently uses its veto powers to block Ukrainian military aid and dilute sanctions against Russia. The Commission should submit a new proposal under Article 7(2) TEU focusing on breaches of solidarity and threats to the Union’s security.

10. April 2025

, , , ,

How Hungary’s Pride Ban Tests the EU’s Commitment to Democracy

On March 18, 2025, the Hungarian Parliament passed legislation aimed at protecting children from assemblies that promote homosexuality. Although the amendment imposes general limitations on freedom of assembly, it is commonly understood as a ban on the LGBTQ+ Pride march, just ahead of the 30th anniversary in 2025. The new law purposefully violates European human rights standards on freedom of assembly and LGBTQ+ rights, as well as fundamental values of the European Union, such as the rule of law and democracy (Article 2 TEU).

2. April 2025

, , , , , ,

Walking Out on Hungary

As the EU steps up its efforts to fund the defence of Europe, Hungary sticks to its policy of undermining those efforts whenever it can. Given that a Member State cannot be expelled from the EU, the Member States should simultaneously withdraw from the EU Treaties under Article 50 TEU and concurrently sign up to new EU Treaties without Hungary. Only this way could the EU effectively stand up to Russia, introduce important Treaty changes, and finally overcome tolerating Putin’s allies within the EU. Perhaps the Hungarian people would eventually join as well.

26. März 2025

, , , , , ,

Paying Judges Properly

On 22 February, several thousand marched in Budapest for an independent judiciary, including fair pay for judges. Three days later, the CJEU issued a decision in Joined Cases C‑146/23 and C‑374/23, setting out the EU law criteria for judges’ remuneration. The decision sets general minimum criteria for the remuneration of judges to guarantee their independence and is highly relevant for Hungary, where the salary pathway for judges is not set by law, it is not judicially enforceable, and the entire system lacks foreseeability.

7. März 2025

, , ,

Four Reasons Why Illiberal Politics Appropriated the Memory of the 1956 Hungarian Revolution

In this contribution, I am analysing the reasons for the appropriation of the 1956 Hungarian revolution. I argue that these reasons are four-fold: First, the memory of 1956 has been divided from the start. Second, half of the population, namely women, were excluded from this memory. Third, the revolution was a bottom-up event. Fourth, the transition after 1990 was built on the concept of authenticity and truth made the narrative vulnerable to illiberal appropriation.

3. Februar 2025

, , , ,