This post is also available in: Français (French)
The new Constitution of Hungary (also called Fundamental Law) entered into force on January 1st 2012, despite many criticisms raised by Hungarian and European NGOs, many Members of the European Parliament, the Venice Commission of the Council of Europe, several diplomats around the world. AEDH considers that this Constitution, and the cardinal laws attached to it, adopted these past 6 months, endanger democracy and rule of law in Hungary and are against the fundamental values of the European Union.
The new Constitution threatens the principle of separation of powers and checks and balances, and limits the independence and the powers of structures aiming at protecting rights and democracy, in particular those of the Constitutional Court, of the whole of the judiciary system, of the data protection authority. It paves the way for restrictions of the right to abortion, the right to information, freedom of religion, freedom of press.
You can download here the press release published by AEDH on this topic, on the occasion of the end of the Hungary Presidency of the EU in July 2011, in English and French.
The Hungarian organisations Hungarian Helsinki Committee, Hungarian Civil Liberties Union and Eötvös Károly Policy Institute have done a remarkable work of analysis and information on these constitutional and legislative developments. AEDH lists here a number of there publications on the Constitution: on its process of adoption, its content, the specific provisions included in the cardinal laws.
These documents are only available in English, you can download them below.You will find them in Hungarian on the website of the organisations named above.
On the legislative context in Hungary since the rise of power of the Fidesz party:
On the new Constitution of Hungary and its adoption :
The third Wave: the new Constitution of Hungary, 14 April 2011
On specific provisions :
– Judiciary system and Constitutional Court :
Communication of the Hungarian judiciary elite, 14 April 2011
– Personal Data Protection / Right to Information :
Draft law on data protection and freedom to information, 29 June 2011
– Right to Abortion
– Freedom of religion and separation of church and state
Summary report on the proposed religion law in Hungary, 26 June 2011
– Freedom of press
AEDH has also been informed by a Hungarian grassroots organisation of the situation of homeless people in Hungary and the measures taken by the government to criminalize homelessness.
You can download the analysis of this association here.