By Dr. Zsuzsa Gille, Professor of Sociology, University of Illinois, Urbana-Champaign
On March 30, the Hungarian Parliament passed the so-called Enabling Act, empowering the government to suspend still-existing democratic institutions and practices, ostensibly to deal with the coronavirus crisis. Legal experts argue that the constitution had already made it possible for the government to declare an emergency and take necessary action, so in theory there was no need for a new law. Unlike the powers allotted by the constitution, however, this law has no time limit, or, to be precise, the conditions for ending it are written in a way that leaves the sole power to retire the emergency powers to the Prime Minister.
The new law suspends elections and severely punishes spreading “false information” related to the epidemic, as well as any effort that may be construed as interfering with the government’s implementation and enforcement of the curfew. According to the U.S. Helsinki Commission, this is in violation of the 1991 OSCE Agreement that governs what signatories can do in emergency situations.
The opposition proposed that the law automatically expire after 90 days, with the possibility of an extension, but the government’s parliamentary majority ensured the failure of the amendment. Official responses to Western criticisms cite the fact that the parliament has not been dissolved as proof that the law doesn’t signal the end of democracy.
While some warned that the new law in effect ushers in the EU's first dictatorship, the European Commission’s response has been rather meek. The Financial Times called attention to the fact that Ursula von der Leyen (current President of the Commission) merely calls for “analyzing” and “closely monitoring” the application of the emergency measures.
Meanwhile, the government started using its new power to implement rules that are entirely unrelated to the health crisis. It has overruled municipal governments on some issues, making it illegal to change one’s sex. There has been a de facto censorship of theatres.
Citizens, civic organizations, and supranational organizations must step up more vehemently to protect and restore democracy in Hungary.
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