- Unser Blog
October 13, 2017 turned out to be a momentous day for the rule of law in Hungary. This was an accident, as October 11, 2017 was meant to be the magic day. October 11, 2017 was set by an amendment of the national higher education act, adopted in the spring of 2017, as major deadline for the continuing operation of foreign private universities in Hungary (Act no. 204 of 2011).
Spring arrived in Budapest with sunshine, magnolias in full bloom, hordes of stag partiers from the U.K. – and a sovereign ready to fight against foreign invaders by legal means. After a lengthy media and political campaign against migrants, foreign influence and George Soros, the Hungarian government resorted to a surgical strike via lawmaking.
On November 8, 2016 the Hungarian Parliament did not adopt the Seventh Amendment of the Fundamental Law seeking to protect Hungarian constitutional identity in the face of European imposition. The Seventh Amendment fell 2 votes short of the 2/3 majority required for a constitutional amendment (Article S(2)).
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 bef ...
On April 8, 2014, the Grand Chamber of the European Court of Justice found that Hungary’s cutting short the terms of office of its old data protection ombudsman with its new Fundamental Law violated the Data Protection Directive (C-288/12, Commission v Hungary), while the European Court of Human Rights found that Hungary’s divesting of several previously registered churches from their church sta.