Showing true illiberal colours – Rule of law vs Orbán’s pandemic politics. CEPS Policy Insights No 2020-10 / April 2020

Bárd , Petra and Carrera, Sergio (2020) Showing true illiberal colours – Rule of law vs Orbán’s pandemic politics. CEPS Policy Insights No 2020-10 / April 2020. [Policy Paper]

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Abstract

This Policy Insight examines the Hungarian government’s responses to the coronavirus pandemic and their impacts on the rule of law. It argues that the pandemic does not create autocracies, but it shows more clearly their true illiberal colours. The paper assesses the scope of the so-called ‘Enabling Act’ granting the government the power to rule by decree and its damaging implications for the effective democratic control of executive actions and other checks and balances such as media pluralism and freedom of association. The analysis argues that the Hungarian government is unequivocally violating the EU founding principles enshrined in Article 2 of the Treaty on European Union and its current pandemic politics are making this ever more transparent. The paper recommends more EU centralisation and interinstitutional cooperation in the assessment and scrutiny of all member states’ compliance with the trinity of the rule of law, democracy and fundamental rights. It concretely suggests first, the timely enforcement of EU standards by the European Commission and the Luxembourg Court through rule of law infringement proceedings, and second, the adoption of an interinstitutional EU Periodic Review (EUPR) on the rule of law, democracy and fundamental rights.

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