Tag Archives: Dániel Karsai

Strasbourg verdict on disenfranchised churches: the Hungarian government dithers

The Hungarian government has had an awful lot of bad news lately coming from various institutions of the European Union. Yesterday I wrote about the veto by Euratom and the European Commission of certain parts of the Russian-Hungarian agreement concerning Rosatom’s supply of nuclear fuel for the two new reactors of the Paks power plant. Today I will look into an older decision of the European Court of Human Rights that the Hungarian government has yet to act on, despite a March 8 deadline. What I have in mind is the infamous law on churches.

The law that Zsolt Semjén called a masterpiece has had some rough sledding. The law stipulated that only churches approved by the Hungarian parliament could partake of the benefits churches usually enjoy in democratic countries. Smaller, less traditional churches or congregations, including some following reformed Judaism, were stripped of their church status. In February 2013 the Constitutional Court, which at that time wasn’t yet packed with Fidesz loyalists, found the law to be discriminative and therefore unconstitutional. The Orbán government’s answer was to change the constitution and to leave the objectionable law unaltered.

Since all remedies at home had been exhausted, sixteen small churches decided to go to the European Court of Human Rights in Strasbourg to seek justice. Nine churches were represented by TASZ, the Hungarian equivalent of the American Civil Liberties Union, while Dániel Karsai represented another six. Csaba Tordai represented perhaps the most important church, which was most likely the victim of Viktor Orbán’s personal vendetta: the Magyarországi Evangéliumi Testvérközösség (MET) led by Gábor Iványi, basically a Methodist church.

Dániel Karsai, who frequently appeared on ATV during 2013, was certain already in late May of that year that their case was so strong that the Hungarian government would suffer another setback in Strasbourg. It took a year, but in April 2014 the verdict was announced. It was in favor of the small churches. The Hungarian government and the churches will have to agree on a financial settlement. If they cannot reach an equitable arrangement, the Strasbourg court will decide on the amount of compensation these churches deserve for the financial loss they suffered as a result of being deprived of their church status. Moreover, the law on churches doesn’t conform to European law and hence must be changed.

It all started rather small

This church started off rather small, after all

Dániel Karsai, the lawyer for some of the churches, was elated. He expressed his hope that “after this great victory the first business of the new government will be to put in order the question of religious freedom.” Well, a year went by and nothing happened. No settlement was reached. Instead of writing a new law, the government decided to appeal the case. I should note that it was the Ministry of Justice and Administration under the leadership of Tibor Navracsics that handled the case in Strasbourg on behalf of the Hungarian government. The same Navracsics who today is desperately trying to distance himself from the Orbán administration and attempting to portray himself as a moderate liberal in his new capacity as a member of the European Commission.

Another five months went by. On September 9, 2014, the Court of Human Rights rejected the appeal of the Hungarian government. The law would have to be changed and the churches in question compensated. The court gave the Hungarian government six months, until March 8, to settle the question of compensation. Well, I just read in Magyar Nemzet that “the government heeds the Strasbourg verdict but does not want to be overhasty.” What an understatement. The government wants to be fair, but at the same time “it doesn’t want to waste the taxpayers’ money” and the sum in question is rather large. According to some estimates, the churches claimed damages amounting to about 20 billion forints. The Magyar Nemzet article indicated that the government finds some of the claims unacceptable. On the other hand, Csaba Tordai, the lawyer for Gábor Iványi’s Methodist church, is optimistic that there will be an agreement within a few weeks. The Magyarországi Evangéliumi Testvérközösség (MET) originally asked for 1.4 billion forints, but that was in 2012. I assume the current claim is at least double that amount.

As far as the law itself is concerned, the government is again in no hurry. Dániel Karsai might have hoped that the new government would immediately take care of the problem, but today Miklós Soltész, undersecretary in charge of social policy in the ministry of human resources, announced that the government is not planning to write a new law because, after all, they already revised the original law once, in 2013. So, there will be only changes in certain points. And, he continued,”we must guard those values [in the law] that assist the spiritual work of the churches in all facets of their activities,” whatever that means. I have the feeling that this is not the end of the story.