Hungary’s Constitutional Revolution

„The new constitution makes huge swaths of public policy changeable only by a two-thirds vote of any subsequent parliament. From here on, all tax and fiscal policy must be decided by a two-thirds supermajority. Even the precise boundaries of electoral districts cannot be changed by simple majority vote, but only by a two-third supermajority. If a new government gets a mere majority, policies instituted during the Fidesz government cannot be changed.

The long arm of the current Fidesz government can grab and shake any foreseeable future government through the officials they are now putting into place. The new constitutional order extends the terms of office for the public prosecutor (9 years), the head of the state audit office (12 years), the head of the national judicial office (9 years), the head of the media board (9 years), the head of the budget council (6 years) and more. Each of these positions has been filled with Fidesz party loyalists who will be able to conduct public investigations, intimidate the media, press criminal charges and continue to pack the courts long after the government’s current term is over. Moreover, unless there is a two-thirds vote to replace these new office holders, they can stay in office until such a two-thirds vote can be achieved, which could extend these long terms of office even further. (...)

The only parties that might replace Fidesz in the current Hungarian landscape are the Socialist Party or, in a real nightmare scenario, the far-right Jobbik. Under laws that preceded Fidesz’s election last year, political parties that are anti-constitutional may be banned. Some have suggested that Fidesz could eliminate Jobbik in this way. In fact, Europe probably would not mind if Jobbik were excluded from public life because other European countries can ban extremist parties also. But what about Fidesz’s primary competition – the Socialists?

According to a proposed constitutional amendment, the crimes of the former communist party will be listed in the constitution and the statute of limitations for prosecuting crimes committed during the communist period will be lifted. The former communist party is branded a criminal organization and the current opposition Socialist Party is designated as their legal successor. It is still unclear, legally speaking, what this amendment means. But it is probably not good for the major opposition party.

The Fidesz government has accomplished this constitutional revolution by legal means after a democratic election. But though Fidesz was democratically elected and has accomplished this program through constitutional change, Hungary is not a constitutional democracy. Instead Hungary is, as Paul Krugman said, sliding into authoritarianism.”