Davidson Examines Democratic Erosion in Hungary
Posted Feb 27, 2024
Polls show that Americans are concerned about the state of our own democracy. While President Biden and Democrats argue Trump is a threat to democracy, many Republicans fear that Democrats are weaponizing government to prosecute political opponents, using the administrative state and executive action to advance polices Congress opposes, and selectively enforces the laws they support. Is US Democracy at stake? To help understand when democracy is threatened, Caelan Davison examined Hungary’s transition to democracy because some conservatives look to Victor Orban as a model for the US.
Hungary’s transition to democracy in the late 20th century marked a pivotal moment in the country’s history, as it finally emerged from decades of communist rule. The Hungarian Democratic forum won the free elections of 1989, and József Antall became the first democratically elected Prime Minister of Hungary in 1990. The new constitution provided a legal framework for democratic governance and established principles such as the rule of law, separation of powers, and protection of individual rights. Additionally, it laid the foundation for democratic institutions, including a multi-party system, an independent judiciary, and a free press. In 1999, Hungary achieved a major milestone by becoming a full member of NATO, which not only bolstered its security but also symbolized its commitment to Western values and alliances. Subsequently, Hungary pursued membership in the European Union, which it eventually received in 2004.
So, what happened? How has Hungary demonstrated democratic backsliding in recent years? Under the leadership of Viktor Orbán and the Fidesz party, there has been a clear and deliberate effort to exert political influence over the judiciary, undermining its independence and impartiality. In 2011, the Hungarian government lowered the required retirement age of judges, leading to the removal of a substantial number of judges, including the President of the Supreme Court. Even though the European Court of Justice ruled in 2012 that Hungary’s forced early retirement of judges violated EU law, Hungary has not slowed its democratic backsliding. Furthermore, the majority of judges serving on the Constitutional Court are nominated by the ruling party, giving Fidesz substantial influence over its decisions. Hungary’s government has place restriction on the Constitutional Court’s ability to review budgetary laws and its power to review and challenge the government’s use of decrees. Under the leadership of Viktor Orbán and the Fidesz party, the government has systematically concentrated power in the hands of the executive branch, including actions to adopt a new constitution in 2011 and to control the Media Council, which oversees media regulation. The Fidesz government has manipulated the electoral system through gerrymandering and political opposition suppression as well.
Can action steps be taken to right Hungary’s curtailment of democracy? Davidson presents four criteria for effective solutions: administrative feasibility, international collaboration, diplomatic isolation, and Hungarian political interest. He suggests providing comprehensive support to civil society organizations, who could hold the government accountable, advocate for democratic principles, and promote transparency and public participation. Next, Davidson purports the critical pillars of media freedom and pluralism as a check to government power through which citizen awareness could be increased. He believes if the Hungarian populace is empowered with the knowledge and tools needed to actively engage in the protection of their own democratic rights and values, then the people of Hungary could return to a stronger democracy. The best solution, according to Davidson, is to exert international pressure on Hungary’s ruling party. The EU member states have a shared responsibility to protect the democratic foundations of the Union. A coordinated and deliberate effort by the EU would provide a non-violent, diplomatic means of addressing Hungary’s inconsistencies with the rule of law and human rights. Davidson sees international pressure as an administratively feasible, collaboratively supported, contingently balanced, and politically motivated solution to address the democratic backsliding in Hungary.