Tag Archives: András Sajó

On László Botka’s nomination and an NGO win

I will try to cover two topics today. First, I will share my initial reactions to László Botka as the official nominee of MSZP for the post of prime minister. And second, I will give an example of the kind of success NGOs can achieve in defending the rule of law in Hungary.

László Botka’s nomination

This morning, on Klub Rádió’s call-in-program “Let’s Talk It Over,” I listened with great interest to the by and large enthusiastic reception of MSZP’s nomination of László Botka as its candidate for prime minister. I myself was also glad that at last MSZP, a party known for its confused messages and timidity, had made a definitive move. I still welcomed the move, although initially I had disapproved of MSZP’s decision to act on its own. I hoped that the socialist leadership had explained to Botka that he must have an open mind in his negotiations with the Demokratikus Koalíció because Botka’s opening salvo against the chairman of DK didn’t bode well as far as future negotiations were concerned. And without DK there is no possibility of forging a workable election alliance.

Great was my disappointment when I read the short summary of Botka’s program in 168 Óra. In Botka’s opinion, the Third Way, which can be described as a political position that tries to combine right-wing economic and left-wing social policies within the social democratic movement, proved to be a failure in Hungary. He named Ferenc Gyurcsány as the chief proponent of this political philosophy. The failure of the Third Way, he said, led to the rise of populism and the stunning electoral victory of Viktor Orbán.

I would need a little more time to ponder Botka’s theory, but at first blush it doesn’t strike me as a valid criticism. One obvious counterargument is the growth of populism throughout the western world without either a Third Way or Ferenc Gyurcsány. I would suggest that Botka consider the 2008 world economic crisis as one possible cause of our current problems. With a little effort we could come up with many other factors that would counter Botka’s theory, among them the very strong showing of Fidesz from at least 2002 on, when experimentation with Tony Blair’s brainchild was still nowhere.

In any case, if Botka is serious about becoming the candidate of all democratic parties he should reconsider his attitude. Otherwise, his failure is guaranteed. One can’t start negotiations from such a position.

DK’s reaction was muted. Csaba Molnár, deputy chairman of DK, announced that they are expecting Botka’s call, adding that they agree that a new program is necessary for the removal of the Orbán government. He offered DK’s almost 80-page program “Hungary of the Many” for his consideration.

The Helsinki Commission (and Friends) and the European Court of Human Rights

The Orbán government has singled out three NGOs as the most objectionable: the Helsinki Commission, Transparency International, and Társaság a Szabadságjogokért (TASZ), which is the Hungarian Civil Liberties Union. These three organizations stand for freedom, equality, the rule of law, human rights, and transparency. They call the government to account when it doesn’t follow the country’s laws or doesn’t fulfill its international obligations. Naturally, they are incredible irritants to the Orbán government.

One such case in which they called the government to task was the nomination of a Hungarian judge to the European Court of Human Rights.

Since, after 2010, the Hungarian Constitutional Court has been filled with government appointees, the “last resort” of NGOs is often the European Court of Human Rights (ECHR) in Strasbourg. The Court’s current Hungarian judge is András Sajó, a legal scholar, university professor, and member of the Hungarian Academy of Sciences, whose nine-year tenure will expire at the end of the month. Therefore, the Orbán government will be able to nominate one of its own.

According to Council of Europe policy, the nomination must be democratic and transparent. If not, the nominee might be rejected. Three names ought to be submitted for consideration, and their nomination must be preceded by an open application process.

Knowing the Orbán government’s attitude toward such international obligations, the Helsinki Commission was worried already a year ago about the government’s plans for the nomination of a new Hungarian judge. Therefore, they inquired from László Trócsányi, minister of justice, about the progress the government had made. The answer was worrisome because Trócsányi called the prescriptions of the Council of Europe “recommendatory documents.” In June, the Helsinki Commission inquired again and was told that the ministry of justice was in the midst of consultation with experts. When asked who these experts were, the ministry refused to divulge their identities, citing privacy rights. It then informed the Helsinki Commission that the list of names had already been submitted to the court. In response, 11 NGOs together demanded the withdrawal of the submitted names and asked for an open application process. This time, the ministry of justice didn’t even bother to answer their letter.

At this point 15 Hungarian NGOs informed the Council of Europe about the illegality of the Hungarian nomination process. It turned out that of the three submitted nominees two were closely connected to the current Hungarian government: one was an adviser to Trócsányi and the other was a department head in the ministry of justice who at one point had represented the Hungarian government in a case before the ECHR.

The General Meeting of ECHR decided against the two objectionable candidates, and so the Hungarian government turned in two new names. One of the replacements was also connected to the ministry of justice. And the open application process was again ignored.

The NGOs complained and this time turned to the ECHR. In response, the secretary-general of ECHR indicated to the Hungarian government that in the absence of an open application procedure, the nominees will be rejected. At this point the Orbán government threw in the towel. In October it withdrew the nominations and announced it would hold an open application process for the jobs.

The applicants had only two weeks to prepare, and outsiders had little knowledge about the selection process, but this was still a big step forward. This time, of the three names, only one has government ties, less intimate than in earlier cases. The finalists are Krisztina Füzi-Rozsnyai, an administrative lawyer, Péter Paczolay, former chief justice of the constitutional court, and Pál Sonnevend, head of the department of international law at ELTE. On January 12 the three applicants had their hearings. A final decision will be made on January 24.

After reading just this one case, I think it is easy to understand why the Orbán government wants to demonize these NGOs and possibly remove them. It is not a stretch for Orbán to claim that they are involved in anti-government political activities since they are defending the rule of law in a country where the government does everything in its power to circumvent the law. And they are often more successful than the political parties because of their expertise in both domestic and European law.

January 19, 2017