Szabolcs Hegyi, expert on political freedoms of the Hungarian Civil Liberties Union: "The next Hungarian Government should recover good relations with the EU". In this interview, just a few days from the upcoming parliamentary elections in Hungary, Szabolcs Hegyi, responsible for human rights in the Hungarian Civil Liberties Union (HCLU), analyzes the socio-political landscape in Hungary.
The HCLU is an independent international or-ganization, founded in 1994, which works in the field of basic human rights, such as: free-dom of expression, patient’s rights and freedom of association. Szabolcs Hegyi, teaches political philosophy at the University of Miskolc and has been responsible for two years for reporting information related to the right of freedom of assembly and the rights of freedom of thought, conscience, and religion before national and international court litigations.
New Constitution, more than 300 constitutional reforms and five amendments to statutory laws - all in just 4 years. What is happening in Hungary?
The Hungarian Constitution provides that when a party wins a two-thirds majority in Parliament, as was the case with the ruling party FIDESZ (Fiatal Demokraták Szövetsége – Federation of Young Democrats) led by Prime Minister Viktor Orbán, following the May 2010 elections, it does not need to negotiate with opposition parties. It is free to change the laws as it wants and name the main leaders of the independent institutions, such as the president of the Hungarian Central Bank, or the president of the Constitutional Court.
The Hungarian Constitution provides that when a party wins a two-thirds majority in Parliament, as was the case with the ruling party FIDESZ (Fiatal Demokraták Szövetsége – Federation of Young Democrats) led by Prime Minister Viktor Orbán, following the May 2010 elections, it does not need to negotiate with opposition parties. It is free to change the laws as it wants and name the main leaders of the independent institutions, such as the president of the Hungarian Central Bank, or the president of the Constitutional Court.
Attila Mesterházy, leader of the Hungarian Socialist Party MSZP (Magyar Szocialista Párt), has spoken on several occasions about an Orbán-Ország or Orbánland. Is Viktor Orbán to blame for such reforms, or the system that allows it?
The two-thirds law was enacted to foster political dialogue, with the assumption that up to two thirds was unlikely to happen. So, although Orbán got an overwhelming absolute majority during his second term, that does not give him the right to elect leaders of political institutions, change the constitution, amend cardinal laws, and ultimately adapt the rule of law in his own favor by ignoring the opposition. Laws such as limiting the powers of the Constitutional Court, or increasing executive influence on the decisions of the Hungarian Central Bank only manage to distort the original meaning of the word democracy.
The two-thirds law was enacted to foster political dialogue, with the assumption that up to two thirds was unlikely to happen. So, although Orbán got an overwhelming absolute majority during his second term, that does not give him the right to elect leaders of political institutions, change the constitution, amend cardinal laws, and ultimately adapt the rule of law in his own favor by ignoring the opposition. Laws such as limiting the powers of the Constitutional Court, or increasing executive influence on the decisions of the Hungarian Central Bank only manage to distort the original meaning of the word democracy.
Would you say that Hungary today is a democratic State?
The value of democracy lies in the consideration of different opinions and opposite aims and interests to find a solution for all political figures. So, only if you do not reach agreement, after hearing and deliberating all arguments, would the majority rule be used by default. However, in Hungary the meaning of democracy has acquired a perverse undertone, as the majority opinion has become the only way to govern. Many Hungarians are tired of the creation and extinction of parties and political debates, preferring to follow a single leader, such as Orbán.
How has the current Hungarian Prime Minister managed to strengthen his power during these four years and almost eliminate his opponents?
The value of democracy lies in the consideration of different opinions and opposite aims and interests to find a solution for all political figures. So, only if you do not reach agreement, after hearing and deliberating all arguments, would the majority rule be used by default. However, in Hungary the meaning of democracy has acquired a perverse undertone, as the majority opinion has become the only way to govern. Many Hungarians are tired of the creation and extinction of parties and political debates, preferring to follow a single leader, such as Orbán.
How has the current Hungarian Prime Minister managed to strengthen his power during these four years and almost eliminate his opponents?
On one side, over the years Orbán has removed people who were in key strategic positions and replaced them with people loyal to his government, and even given them nine-year appointments. So, even if Orbán lost the next election, he would continue to receive support among the judges of the Constitutional Court or in the authority that oversees the content of the Hungarian media. On the other side, Orbán has left a divided situation, that favors his absolute leadership. Gyurcsány could be the one to approach him in charisma but his lies in the past carry too much weight; then Mesterházy is lacking in popularity; and finally, Bajnai completely and utterly lacks any charisma.
Are you afraid that if Orbán wins he will continue with the reform of laws during the next term?
If FIDESZ wins the election, the statistics suggest this time it may not do so with an absolute majority, so they will not enjoy the ability to change the fundamental laws as has been the case so far. Major changes in the Fundamental Law and the cardinal laws have already been made, so Orbán will focus more on maintaining his power. What I fear is that the nationalist party, Jobbik (Jobbik Magyarországért Mozgalom – Movement for a Better Hungary), increases its already larger presence in Parliament, as its ranks continue to swell with new followers.
What do you think is the reason for the rise in popularity of Jobbik?
If FIDESZ wins the election, the statistics suggest this time it may not do so with an absolute majority, so they will not enjoy the ability to change the fundamental laws as has been the case so far. Major changes in the Fundamental Law and the cardinal laws have already been made, so Orbán will focus more on maintaining his power. What I fear is that the nationalist party, Jobbik (Jobbik Magyarországért Mozgalom – Movement for a Better Hungary), increases its already larger presence in Parliament, as its ranks continue to swell with new followers.
What do you think is the reason for the rise in popularity of Jobbik?
Those who vote for Jobbik normally respond to a radical right-wing profile that realizes that, despite the absolute majority of the present Go-vernment, the Hungarian state lacks good public services. For many, facing high taxes and expenses is the “daily bread”, the cost of living continues to grow while they do not experien-ce substantial change to improve the quality of public services. People who experience these si-tuations believe the state is weak and does not protect them, so the answer to their problems becomes to find a stronger leader.
"Orbán’s indirect action is reminiscent of the ‘soft communism’ of the last decades of the communist era in Hungary"
According to a report published in July 2013 by the Hungarian Helsinki Committee, the reduction of judges' retirement age from 70 to 62 years affected a total of 229 judges. Following the verdict of the Court of Justice of the European Union against this law, and setting the official retirement age at 65, the Hungarian government offered the judges who were dismissed a return to their respective positions, however, only 56 agreed to return. Why such a commotion?
This repressive law implies great danger for the perception of the separation of powers. When the government enforced this law, the offices of judges over 62 years of age who were forced to leave were immediately occupied by persons designated by the newly elected administrative head of the judiciary. Many of them were leaders of local courts and judicial councils. So, even though the procedure at the Court of the European Union in Luxembourg lasted only 6 months, it was long enough for the judges who wanted their jobs back not to be able to return, because their positions had been occupied during that time. In addition, these judges were offered a generous sum of money as compensation by the Government and many judges accepted. This is how Orbán makes new allies among recent appointees.
However, after implementation of this law there were no demonstrations by the dismissed judges. Could there not be a way to "clean" the courts of judges who were from the socialist era?
Unfortunately, in Hungary there is no culture of protest against the various governments. The right to strike, especially in public and judicial sectors, is limited. It is said that many judges left from the socialist era (former communist judges) have continued to work for more than 20 years in court since 1989. However, if this is true, why the need to remove them now and not in 1998 when the current Prime Minister formed his first government? The “former communist” label is a recurring argument that is part of the propaganda of FIDESZ, but it remains uncertain.
And what do you think about the media law, which involves the creation of an authority to control information whose members are appointed by the Government?
It is a very smart way of governing that deprives people of the whole truth and favors control and the "molding" of freedom of expression, while allowing people to continue their life without criticizing the government. It is a way of light suppression with a single goal – to censor the media. In a way, these indirect ways of acting are a reminder of the ‘soft communism’ of the last decades of the communist era in Hungary. The threat of receiving heavy fines caused journalists to think more than twice before writing something that the government would not like.
What role do you think European institutions should take to promote the observance of human rights in Hungary?
The European Commission should take a more active role against many measures taken by the Orbán government. Also, the Court of Justice of the European Union should be more effective in its judgments, as in the case of the advancement of the retirement age of judges. Although it challenged the Hungarian law, it could not guarantee that the judges who had been forced out could come back to their offices since new leaders were already there.
What will be the main task to be performed by the next Government?
Due to the poor economic situation in Hungary, and our small size as a country, we rely heavily on the European Union. However, the poor relationship with our EU neighbors leaves Hungary "isolated" from the rest. So it can be predicted that the next Government will have a tough task ahead in improving these relationships with our potential allies.
Proofread by Jeremy Stanford at Copyfit Budapest