Tag Archives: Andrew M. Cuomo

Central European University refuses to be intimidated

Finally I can give you some encouraging news about Central European University. In my last post on the subject I reported on the step taken by Andrew M. Cuomo, governor of the State of New York, who on May 24 “announced his readiness to enter into discussions with the Hungarian Government” concerning the fate of CEU. At that time I expressed my doubts that the Orbán government was actually ready to negotiate in good faith. I based this somewhat pessimistic opinion on a couple of sentences that had appeared in Magyar Idők, which indicated to me that any kind of agreement would still require the prior approval of the U.S. federal government, which we know is impossible to obtain.

Of course, we have no idea what the end result will be, but at least the Orbán government didn’t outright refuse Governor Cuomo’s offer. In fact, Kristóf Altusz, the undersecretary in the foreign ministry who is entrusted with the negotiations, got in touch with Governor Cuomo’s office last Friday. That is certainly a positive step.

This development is due to the brave and self-confident manner in which Michael Ignatieff, the rector of CEU, handled the situation. Cowering or trying to appease is the worst possible tactic to take when under siege by governments like that of Viktor Orbán. The university, led by Ignatieff, refused to be browbeaten. I’m convinced that without his determination and his calling worldwide attention to the Orbán government’s assault on a private university, that telephone conversation between Cuomo and Altusz would never have taken place. In fact, Ignatieff himself came to this conclusion, saying that “we are in a stronger position now than we were before because we resisted and said no.”

Central European University will stay in Budapest at least through the 2017-2018 academic year, Michael Ignatieff announced yesterday at a press conference. He wants to send a clear message to the government: CEU will not be shuttered. When a journalist asked him whether he has a plan B if “things get worse,” Ignatieff’s answer was that even if the government puts more pressure on them, they will not move. As he put it, he refuses to get involved in a game of chicken with the Hungarian government. He also made it clear that he is not going to be idle in the interim, which indicates to me that he is ready to continue his efforts to gain an agreement that would include a guarantee of the university’s unfettered existence in Hungary in the future.

Zsolt Enyedi, the university’s prorector for Hungarian affairs, made a remark which I found significant. He said that “the past few weeks have made us aware that we have a duty to the city and the country. We must remain as long as possible.” This is practically a clarion call to resist the anti-democratic forces that have taken over the reins of government in Budapest. In fact, this stressful episode in the history of the university has only made the resolve of the administration and faculty stronger.

The university will host an international conference on academic freedom on June 22 where the keynote speaker will be Mario Vargas Llosa, the Nobel Prize-winning Peruvian writer. At the graduation ceremony former German president Joachim Gauck will receive the Open Society Prize, which “is awarded annually to an outstanding individual or organization whose achievements have contributed substantially to the creation of an open society.”

The government media published, without any commentary, MTI’s summary of what transpired at the press conference. The only attack in the past two days came from Pesti Srácok, which reported on “the stomach turning anti-family conference” organized by the School of Public Policy/Department of Gender Studies of the university. The conference was obviously an answer of sorts to the mega-conference hosted by the “coalition of conservative organizations from around the globe.” It seems that what made the lectures stomach-turning was that speakers deemed the conservative family model outmoded in our modern society.

A few days ago Magyar Hírlap learned that the evil puppeteer George Soros, who rules the whole world according to the Hungarian government and its media, is coming to Hungary because CEU’s board of trustees will hold its annual meeting on June 24-25 in Budapest, right after the international conference on academic freedom. I don’t know when the decision was made to hold the board meeting in Budapest, but I have the feeling that it was not entirely independent from the recent government attack on the institution. Soros is the honorary chairman of the board. Otherwise, the trustees are a distinguished lot, including such well-known American-Hungarians as author and journalist Kati Marton and George E. Pataki, former governor of New York. The only trustee from Hungary is Attila Chikán, professor of economics at Corvinus University.

We also shouldn’t forget that, thanks to the joint effort of all opposition parties, including Jobbik, the Hungarian constitutional court was obliged to take up the question of the constitutionality of Lex CEU, as everybody in Hungary calls the law designed to expel the university from Hungary. The parliamentary vote took place on April 12. Until today we heard nothing about the fate of the court case. We just learned that, at the suggestion of the chief justice, a special working group will be formed to prepare the case for discussion by the full court. The creation of such working groups is allowed, “in especially complicated cases.” This means that until now the judges haven’t considered the case at all. The fact that the chief justice considers the case so complex that it needs special treatment leads me to believe that there is no agreement within the body about what to do with this hot potato.

May 31, 2017

CEU: New York State vs. Hungarian legal gobbledygook

It was less than a week ago that I wrote a post in which I included a couple of paragraphs about the state of the “negotiations” between the Hungarian government and the administration of the United States. On May 17 the European Parliament “urged the Hungarian Government to immediately suspend all deadlines in the act amending the National Higher Education Act, to start immediate dialogue with the relevant US authorities in order to guarantee the future operations of the Central European University issuing US-accredited degrees, and to make a public commitment that the university can remain in Budapest as a free institution.”

Today, a week later, the National Higher Education Act is still in force and the Hungarian government has shown no intention of altering the recently adopted law that makes the continued existence of Central European University (CEU) in Budapest impossible. Neither has the Hungarian government gotten in touch with the “relevant US authorities.” As for direct negotiations with the administration of the university, after about a month the government sent a bunch of middle-level bureaucrats who, as it turned out, had no decision-making authority.

It matters not that the United States government made it abundantly clear that the U.S. federal government has no authority to negotiate with a foreign power about educational matters relating to schools and universities. The Hungarian ministry of foreign affairs simply ignored the message and kept insisting that the State Department is ill informed. The Secretary of Education is authorized to conduct negotiations on the fate of Central European University with the Hungarian government. Tamás Menczer, a former sports reporter and now spokesman for the Ministry of Foreign Affairs and Trade, confidently announced that, in the past, the two countries had signed three agreements dealing with education. Buried in the government archives was a 1977 agreement on cultural, educational, scientific and technological cooperation between the two countries. The second was signed in 1998. It dealt with the legal status of the American International School Budapest, which functions under the aegis of the Office of Overseas Schools of the U.S. State Department. The third was from 2007, when the two countries signed an agreement about a committee that would oversee student exchange programs between the two countries. Clearly, these cases have nothing to do with the issue on hand, but that fact didn’t seem to bother the foreign ministry, whose spokesman announced that the ball is still in the United States’ court. The Hungarian government is just waiting for a letter from the secretary of education inviting them for a discussion about Central European University. Kristóf Altusz, an undersecretary in the ministry, claimed that about four weeks ago he “negotiated” with the U.S. government, but his approach was described by the U.S. authorities as “seeking information.” I believe this meant that Altusz was told he was knocking on the wrong door.

The Hungarian government is obviously stalling. If nothing is done, they will wait until CEU’s next academic year is in jeopardy. Students normally apply to universities in the winter, and sometime in the spring the applicants get the much awaited letter about their future. Under the present circumstances, the Hungarian government is playing with the fate of the best university in Hungary. But this is exactly the goal. Not only the ministry of foreign affairs but also the ministry of human resources, which is in charge of education, are waiting for the letter they know full well will not come. Zoltán Balog told Index that “I’m expecting a letter from the madam secretary who is competent to negotiate, which I will probably receive. It will be after [the arrival of the letter] that I will formulate my position concerning the case.”

A day after this encounter, on May 23, the U.S. State Department published a press statement titled “Government of Hungary’s Legislation Impacting Central European University.” The statement read:

The United States again urges the Government of Hungary to suspend implementation of its amended higher education law, which places discriminatory, onerous requirements on U.S.-accredited institutions in Hungary and threatens academic freedom and independence.

The Government of Hungary should engage directly with affected institutions to find a resolution that allows them to continue to function freely and provide greater educational opportunity for the citizens of Hungary and the region.

The U.S. Government has no authority or intention to enter into negotiations on the operation of Central European University or other universities in Hungary.

The Hungarian Foreign Minister’s reaction to this statement was what one would expect from the Orbán government. “It is regrettable,” said Tamás Menczer, that “no assistance comes from the American federal government…. A press release is a far cry from an official diplomatic answer outlining a negotiating agenda.” The Hungarian government is obviously quite prepared to wait for an official diplomatic letter, which will never arrive. So there is an impasse, exactly what the Hungarian government was hoping for. This way they can show the world that they are flexible and ready to negotiate and that the deadlock is entirely the fault of the United States.

The deadlock might have been broken this afternoon when Governor Andrew M. Cuomo of the State of New York announced his readiness to enter into discussions with the Hungarian government. Let me quote the whole statement:

Governor Andrew M. Cuomo today announced his readiness to enter into discussions with the Hungarian Government to continue the New York State-Government of Hungary relationship that enables the Central European University to operate in Budapest.

The Government of Hungary has recently adopted legislation that would force the closure of CEU. This legislation directly contradicts the 2004 Joint Declaration with the State of New York, which supported CEU’s goal of achieving Hungarian accreditation while maintaining its status as an accredited American institution.

The Government of Hungary has stated publicly that it can only discuss the future of CEU in Hungary with relevant US authorities, which in this case is the State of New York. The Governor welcomes the opportunity to resolve this matter and to initiate discussions with the Hungarian government without delay.

The Central European University in Budapest is a symbol of American-Hungarian cooperation and a world-class graduate university that is chartered by the State of New York. For more than 25 years, this institution has provided tremendous value to Hungary and to its diverse student body representing more than 100 countries.

An agreement to keep CEU in Budapest as a free institution is in everyone’s best interests, and I stand ready to enter into discussions with the Hungarian Government to continue the New York State-Government of Hungary relationship and ensure that the institution remains a treasured resource for students around the world.

This offer at least broke the silence, but I’m not at all sure whether it will break the impasse. At a press conference Michael Ignatieff, rector of Central European University, welcomed Governor Cuomo’s statement and expressed his hope that the Hungarian government will react positively to the New York governor’s willingness to negotiate. Ignatieff reminded his audience that Cuomo’s statement is timely because today is the day when the Hungarian government must answer the European Commission’s official letter on the possible infringement procedure.

Népszava got in touch with both the ministry of foreign affairs and the ministry of human resources about their reaction to Cuomo’s letter, but the paper has received no answer as yet. On the other hand, the government paper Magyar Idők came out the following intriguing couple of sentences: “If the headquarters of a university is in a federal state where the central government is not authorized to enter into binding international agreements, then the issuing of the document must be based on a prior agreement with the central government. These preliminary agreements with the federal government must be concluded within six months after the date of entry into the force of law.” It is such a complicated text that I may have misinterpreted the meaning of these sentences. So, to be safe, here is the original Hungarian text: “… ha az egyetem székhelye egy föderatív államban van, és ott a nemzetközi szerződés kötelező hatályának elismerésére nem a központi kormányzat jogosult, akkor a központi kormánnyal létrejött előzetes megállapodáson kell alapulnia az oklevél kiadásához szükséges nemzetközi szerződésnek. Ezeket az előzetes megállapodásokat a föderatív állam kormányával a törvény hatályba lépését – a kihirdetését követő napot – követő fél éven belül meg kell kötni.”

If my interpretation is correct, the Hungarian government will invoke some arcane (or newly minted) law, imposing a most likely unattainable legal requirement which will extend the agony of Central European University for at least six more months.

May 24, 2017