The new laws also created a National Judicial Office and gave it a powerful, politically-appointed President with a nine-year term and the authority to assign cases to any court she sees fit. This enables the office-holder to engage in “venue shopping” by steering specific cases to specific judges – a recipe for potential abuse.
Another new law stripped over three hundred religious congregations or communities of their official recognition. To be clear, non-recognized religious groups are still free to practice their faith in Hungary. However, they do not enjoy certain tax benefits and subsidies that recognized religious groups do. In order to regain recognition, religions will have to be approved by a two-thirds vote of parliament, an onerous and unnecessarily politicized mechanism. While we understand that the new religion law was adopted to stop fraud, we have urged the Hungarian Government to seek a less onerous and less politicized procedure to weed out malfeasance.
In mid-2012, as expressions of concern from the United States and Europeans mounted, the Hungarian Government began responding in constructive ways. The government voluntarily submitted many laws for review by the legal experts of the Council of Europe’s Venice Commission. In some cases, though by no means all, the government modified laws to take into account specific concerns expressed by the Commission. While some important issues remained unresolved, we were heartened that Hungary was engaging in dialogue, recognizing the merits of concerns expressed by the United States and others, and taking steps to address them.
We were further heartened when, early this year, Hungary’s Constitutional Court issued several rulings striking down controversial legislation. This demonstrated that the Court could serve as an effective check on government. Unfortunately, the reaction by the Hungarian government again called into question its commitment to checks and balances and institutional independence. The government drafted and swiftly passed a new constitutional amendment, parts of which reinstated laws that had just been struck down by the Court. Again, the process was rushed and lacking in broad societal consultation. Moreover, the Hungarian Government ignored pleas from the State Department, European Commission, and Council of Europe – as well as several respected, non-partisan Hungarian NGOs – to engage in a more careful, deliberative process and allow for the Venice Commission’s experts to review the amendment. This has prompted renewed expressions of concern from the Council of Europe, the President of the European Commission, and other allied governments, including the United States. While the Government of Hungary has now submitted the amendment to the Venice Commission, this is the opposite of the normal procedure, whereby the Commission reviews laws before they are passed, not after passage.
I would like to address one other area that has provoked much concern: the rise of extremism in Hungary. This phenomenon is, sadly, not unique to Hungary. The rise in Hungary of the extremist Jobbik party as one of the largest opposition groups in parliament, and Jobbik’s affiliated paramilitary groups that incite violence, are clear challenges to tolerance.