Tag Archives: László Trócsányi

The Orbán government is dragging its feet on the issue of Central European University

Over the last few months I have received several letters from readers of Hungarian Spectrum, wanting to know more about the status of Central European University, an English-language graduate school founded by George Soros, the bogeyman of the Orbán government. Unfortunately, I was unable to give any update on the fate of CEU because not much happened from May to late September.

Between February and May 2017 I devoted seven posts to the Hungarian government’s efforts to get rid of Central European University. It seemed that the decision to launch a frontal attack against the university was reached sometime after the surprise victory of Donald Trump, which promised, at least as far as Viktor Orbán was concerned, amicable relations between the new Republican administration and the illiberal state of Hungary. Viktor Orbán most likely thought that the new Republican president would be only too happy to assist him in getting rid of the university that was established by George Soros, a well-known supporter of his opponent, Hillary Clinton.

Well, it didn’t turn out that way. Viktor Orbán managed to get himself and Hungary into a big mess. The new White House was not willing to turn against a well-known university, so the Orbán government had to save face somehow. This process has taken months. The first bitter pill the Hungarian government had to swallow was that there was no way to “negotiate” with the American federal government about the fate of CEU, on which the Orbán government insisted. By the end of June the Hungarian government realized that there was no way out. They would have to negotiate with New York State’s Democratic governor, Andrew Cuomo.

By the end of September the hurdle of establishing an American campus of Central European University was surmounted through an agreement with Bard College, located in New York State. Bard is well known for its close ties with Hungary and Hungarian causes in general. For example, it volunteered to receive 325 Hungarian refugee students in 1956-1957, who spent nine weeks on its campus. The fiftieth anniversary of this event was celebrated in 2007, and many of these former students returned to the college to remember the time they spent there. In recent years, many Hungarian youngsters have received Hungarian Heritage scholarships to attend Bard College. And yes, George Soros has made sizable donations to the college.

Thus, an arrangement between these two institutions was an obvious answer to Hungary’s insistence on the physical presence of CEU on U.S. soil. Yet the government was silent until a few days ago, when László Trócsányi staged an “extraordinary press conference.” He announced an amendment to the law on higher education. The modification consists of a one-year extension of the deadline for CEU to come into full compliance, from January 1, 2018 to January 1, 2019.

Below is the university’s reaction to this latest “modification” of the law.

♦ ♦ ♦

Dear Members of the CEU Community,

CEU welcomes any initiative that reduces uncertainty, but the Minister of Justice’s proposed extension of the deadline prolongs the uncertainty while walking away from a solution that lies at hand.

An agreement between the State of New York and the Government of Hungary guaranteeing CEU’s existence is ready for signature. Resolution of this matter is now up to the government. The government can simply sign the agreement it has already negotiated.

In line with the agreement, CEU has signed an MOU with Bard College to undertake ‘educational activities’ in the State of New York. We have already initiated a program registered with the New York State Board of Education that should be operational within weeks. Thus there exists no obstacle to an agreement bringing this whole episode to a conclusion.

Hungary has already signed an agreement with the State of Maryland in respect of McDaniel College. Failure to sign an agreement with the State of New York in relation to CEU can only be perceived as discriminatory.

Extending the deadline and failing to sign the agreement are a step backward. CEU wants to move forward. CEU calls on the Government of Hungary to sign the New York-Hungary agreement without delay and re-affirms its commitment to fulfill all obligations, defend its freedom and continue its presence as a respected member of Hungarian and international academic life.

Michael Ignatieff, CEU President and Rector

Liviu Matei, CEU Provost and Pro-Rector

October 15, 2017

Another peacock dance: Orbán’s reversal on the verdict of the European Court of Justice

Yesterday I dealt with the exchange of letters between Jean-Claude Junker and Viktor Orbán concerning Orbán’s demand for EU reimbursement of half the cost of the fence the Hungarian government erected along the Serbian-Hungarian border. The Hungarian demand raised eyebrows in Europe and elsewhere, so Hungary was again in the international news.

The other reason for the preoccupation of the international media with Hungary was the long-awaited verdict of the European Court of Justice on the legality of the EU decision on the relocation of 120,000 asylum seekers. Slovakia and Hungary claimed that the decision-making process was illegal. Two days ago, on September 6, the Union’s top court dismissed the complaints of the two countries, dealing a blow to Viktor Orbán.

Slovak Prime Minister Robert Fico immediately reacted to the verdict, saying that “we fully respect the verdict of the European Court of Justice,” adding, however, that his government’s view on the relocation plan “has not changed at all.” Viktor Orbán, on the other hand, remained silent. In his place, Péter Szijjártó, minister of foreign affairs and trade, and László Trócsányi, minister of justice, gave a joint press conference, where the foreign minister vented. He called the ruling “outrageous and irresponsible.” In his opinion, the verdict endangers the security and future of Europe and is contrary to the interest of the countries of the Union, including Hungary. “Politics raped the European law and European values,” he claimed. He announced that “the real battle begins only now,” and he promised that the Hungarian government “will use all the remedies available at its disposal” to prevent similar central decision-making for Hungary.

Trócsányi was no less belligerent when he announced that the Hungarian government will start a new legal debate. Since he liked the phrase “the real battle begins only now,” he repeated it. He didn’t go so far as to accuse his fellow judges of acting politically, but he charged that they were preoccupied with the case’s formal aspects and neglected its contextual qualities. The case was thrown out in its entirety, but Trócsányi still praised the excellent legal work of his team. The legal arguments presented to the court were outstanding, and therefore he was quite surprised by the outcome. Trócsányi also indicated that Hungary will not have to take the 1,294 migrants because the case was only about the legality of the decision-making process.

Péter Szijjártó and László Trócsányi / MTI-MTVA / Photo Szilárd Koszticsek

In brief, it looked as if the Orbán government was prepared to go against the ruling and suffer the consequences. A day later, on September 7, this impression was reinforced by János Lázár at his regular “government info” press conference where he interpreted the decision of the European Court of Justice as an opportunity for the European Commission to allow “Brussels” to meddle in Hungary’s internal affairs. “We will use every legal instrument to preserve the independence of the country.” Zoltán Balog, minister of human resources, also chimed in and, in an interview with Deutschlandfunk, repeated Szijjártó’s accusation of a politically motivated and irresponsible decision on the part of the European Court of Justice. Everybody suspected, including naturally Viktor Orbán, that Slovakia and Hungary would lose the case, and therefore the word probably came down from above some time ago about what the proper reaction to the verdict should be.

After two days of criticism of the court and its verdict, Viktor Orbán came out with an entirely different approach to the question. In his Friday morning “interview” on Magyar Rádió he said: “Hungary is a member of the European Union. The affairs of the Union, its internal power relations are settled by the Treaty, so contracts have to be respected. Consequently, one must take cognizance of the verdicts of the courts. Hungarian is a sophisticated, refined language and therefore it does matter with what kind of word we react to a verdict, especially when we are functioning in a hostile Europe. I decided to use the word “tudomásul venni” which I took over from Slovak Prime Minister Fico.” Unfortunately, I don’t know what Slovak word Fico used when talking about his reaction to the verdict. English translations of Fico’s press conference use the verb “to respect” which, unfortunately, is not the equivalent of “tudomásul venni,” which might be better translated as “to take cognizance of.” However, I’m sure that some readers of Hungarian Spectrum will provide us with the the Slovak word that Fico used as well as with the best translation of the Slovak equivalent of “tudomásul venni.” Then we will be able to see whether Orbán and Fico are talking about the same thing or not.

Orbán’s interview was long, during the course of which he said many uncomplimentary things about the European Union, but at the end he came up with some startling statements. The interviewer reminded him that the politicians of the European Union consider the Polish refusal to abide by a court verdict as preparation for the country’s exit from the Union. If Orbán keeps talking about his “fight,” this communication may lead to the interpretation that Hungary is also planning to leave the Union behind. Here is Orbán’s answer: “Communication is interesting and in politics is often important, but it does not replace reality…. Hungarian reality is that the Hungarian people decided after a referendum to join the European Union. That decision was a correct one. No political decision can overwrite that decision. A popular referendum was held, and therefore no government action can reverse that determination. It was the Hungarian people’s choice, and that’s right and well.”

Although Szijjártó, who is in Tallin at the moment, expressed his trust in the unity of the Visegrád Four, there are signs that Slovakia and the Czech Republic are not ready to sacrifice themselves for Poland and Hungary. The weak link, I believe, is Slovakia. I heard an interview with Pál Csáky, a Slovak member of the European Parliament, who surprised me to no end with his condemnation of the Orbán government’s attitude toward the European Union. The reason for my surprise was that Csáky was Fidesz’s favorite among Hungarian ethnic politicians in Slovakia back in 2010. Lots of money was poured into Csáky’s party, the Magyar Koalíció Pártja (MKP), against Béla Bugár of Híd/Most. Despite the funding, MKP didn’t even manage to get enough votes to become a parliamentary party. Csáky at this point resigned. Today he made it clear that Slovakia will not follow Orbán’s suicidal strategy. Slovakia is all for the European Union.

There is another reason that Orbán may have changed his mind. The spokesman of the European People’s Party delivered a message to Viktor Orbán: don’t go against the ruling of the court because this verdict gives an opportunity to heal the wounds caused by the recent conflict between the member states. “The unanimous opinion of the party is that Slovakia and Hungary comply with the rules.”

Otherwise, Jean-Claude Juncker is ready to have a chat with Viktor Orbán, but his spokesman reminded his audience as well as Viktor Orbán that the position of the European Commission is explained in Juncker’s letter to Orbán. It is available for everybody to read and, in any case, the Commission is not in habit of verbal ping pong. Given Juncker’s firmness as expressed in his letter, I would not advise Orbán to continue to press his case.

September 8, 2017

Hungarian NGOs embrace civil disobedience

I don’t think anyone was surprised when two days ago the Hungarian parliament with its overwhelming, almost two-thirds Fidesz majority passed a law imposing strict regulations on foreign-funded non-governmental organizations. The law bears a suspicious resemblance to the 2012 Russian law that required groups that received funds from abroad to identify themselves as “foreign agents.” The Hungarian version is somewhat more “lenient.” The targeted NGOs don’t have to call themselves “foreign agents,” but they must bear the label that they are the recipients of foreign funds, which can be considered a stigma.

Defenders of the bill insist that there is nothing “discriminatory” in this new “civic law,” but, of course, this is not the case. If it were, there wouldn’t be so many “exceptions” to the rule. For example, churches and sports clubs are exempt. Fidesz politicians feel confident in capitalizing on how the Hungarian everyman reacts to anything foreign, especially after a series of anti-migrant campaigns that, as we know from polls, greatly increased xenophobia in the country. Just imagine an interview with the managing director of TASZ, the Hungarian Civil Liberties Union, in which either she must introduce herself or the reporter must introduce her as “the leader of a foreign-funded organization.”

Fidesz’s pretext for enacting such a law is the government’s alleged striving for more transparency and for preventing money laundering and the financing of terrorism. Anyone at all familiar with the work of such organizations as TASZ, the Hungarian Helsinki Commission, or Amnesty International, three NGOs that are specifically targeted by the government, knows that it is not money laundering that is bothering the Orbán government. Over the years these NGOs have become increasing irritants as far as the Orbán government is concerned. Every time the lawyers working for these NGOs suspect illegality they immediately turn to the courts, and they almost always win. As far as Fidesz and the Orbán government are concerned, this is an intolerable situation.

The government’s position is that human rights activists are not elected officials and therefore they have no right to act as a quasi-political opposition to the elected government. Of course, this argument is unacceptable in a democratic society where people can freely organize political associations on pro- or anti-government platforms. Even political parties fall into the same category. They are voluntary organizations ruled by their own by-laws and their own boards of directors. All these groups have the right to function freely as long as they act in a lawful manner. Fidesz has pretty well succeeded in making the other political parties inconsequential. But the NGOs refuse to go away or kowtow to the government. And so it was time, somehow or other, to get rid of these pesky civil rights activists with their highly qualified lawyers who keep poking their noses into the Orbán government’s dirty business.

Viktor Orbán hates these organizations, whom he considers in large measure responsible for many of his problems with the European Union, the European Court of Justice, and the European Court of Human Rights. If these organizations hadn’t existed, he wouldn’t have had half the problems he has had over the years with the European Commission.

With the anti-NGO law, Orbán is most likely convinced that the small, cosmetic alterations the government made by incorporating some of changes recommended by the Venice Commission will satisfy the European Commission, as similar superficial modifications to Hungarian laws satisfied the commissioners in the past. For a few days foreign papers will be full of articles condemning the undemocratic, illiberal Hungarian state and a few foreign governments will publish official statements expressing their disapproval of Orbán’s latest move, but nothing of substance will happen. In fact, in a couple of days everybody will forget about the bill and its consequences. Then, sometime in the future, the Orbán government will make another move against the NGOs. Because few observers believe that this will be the last attempt to get rid of the NGOs that stand in the way of the present Hungarian government.

Only a few hours after the enactment of the “civic law,” TASZ announced that it will not obey the law, i.e. it will not register as the law demands because “this is the most effective way of combating this unconstitutional law.” According to TASZ, the law violates the freedoms of speech and association and unlawfully differentiates among civic organizations. TASZ’s lawyers are also convinced that it violates EU laws because the legislation violates the European Union’s internal market rules, in particular the free movement of capital. TASZ is prepared for the consequences of its action. Máté Szabó, professional director of TASZ, argued along the following lines: “Some of the enforcement possibilities will be open to us only if we don’t comply with the law. Since we do not want to relinquish a single law enforcement option, we will not comply with the requirements of the law.” Stefánia Kapronczay, executive director of TASZ, said: “We are aware of the fact that legal procedures will be initiated against us, but we are not afraid of them. Yearly we represent our clients in more than a hundred cases in the courts of Hungary, the Constitutional Court, and the Strasbourg court…. I’m convinced that after long procedures this law will have to be discarded.” The Hungarian Helsinki Commission joined TASZ in boycotting the new law on civic groups. “Unless and until the Hungarian Constitutional Court and/or the European Court of Human Rights hear the case and approve the law, we will not register.”

I think that the decision of these two civic organizations is the correct one, even if László Trócsányi, minister of justice, announced that “civil disobedience is not known to me, nor is it known in [our] legal system.” This was obviously meant not as an admission of ignorance but as a warning to TASZ and the Hungarian Helsinki Commission. However, I would like to remind Trócsányi that his lawyers don’t have a great track record against the lawyers of these two NGOs.

June 15, 2017

Medián: Serious loss for Fidesz, gain for Jobbik

The latest findings of Medián published in HVG bore the witty title “Universal Decline,” reflecting the pollsters’ belief that the drop in Fidesz’s popularity is largely due to Viktor Orbán’s decision to launch a frontal attack against Central European University.

This reversal in the fortunes of the party is considerable. While in January 37% of the electorate would have voted for Fidesz, that percentage has now shrunk to 31%. This amounts to the loss of almost half a million voters. Underlying this drop is a general dissatisfaction with the governing party. Medián usually asks its respondents to name the one party they would under no circumstances vote for. In January only 37% of the respondents named Fidesz, but by now 46% of those surveyed said they would never cast their vote for the government party. In January half of the electorate were satisfied with the work of the government; today it’s only 40%. In January 46% of the people were hopeful about the future. Today that number has plummeted to 33%, with 57% expecting worse times to come. The percentage of those who want a change of government in 2018 has increased from 48% to 52%.

Left–red: total population; green: electorate; orange: active voters. Right–after the list of parties come the categories “doesn’t know,” “doesn’t tell,” “definitely will not vote”

After looking at these figures, one can safely say that Viktor Orbán’s decision to take on George Soros and CEU was politically unwise. At yet it’s fairly easy to see how and why it came about. Orbán and his strategists, when developing their political moves in preparation for next year’s election, were most likely convinced that their winning card was Viktor Orbán’s very successful handling of the migrant issue. Whether we approve or disapprove of his methods, from his own point of view his refugee policy was a roaring success. An overwhelming majority of the population fully support Orbán’s policies, including many who did not previously vote for Fidesz. Thus Orbán and his strategists quite logically opted to continue the same loud anti-migrant rhetoric. Everything else–the personal attacks on George Soros, on Central European University, on the NGOs, and on Brussels–were meant to serve this purpose. Unfortunately for Orbán, the grand strategy turned out to be a bust domestically, and his government’s standing in Europe has sunk to its lowest level in the last seven years.

By the way, the Medián poll debunks a widely held view that outside of Budapest (and the Budapest intellectual elite in particular) people are largely ignorant about the anti-government demonstrations and their precipitating cause–the attack on CEU. Among those surveyed, about 80% had heard of the demonstrations, and half of those named the attempted closing of CEU as the cause of the protests. They didn’t even need any prompting; they offered the information on their own. People in the countryside (vidék) are just as well informed on this issue as the inhabitants of Budapest. The great majority of Hungarians think it would be a shame if the government shuttered CEU. Only 32% think that CEU is in a privileged position vis-à-vis other Hungarian universities and that therefore the government is justified in its efforts to close it down.

While we are on the subject of CEU, I would note that there seems to be total disarray in government circles about their plans to deal with this issue. Péter Szijjártó this morning, in an impromptu press conference, was still talking about an intergovernmental agreement between Hungary and the United States even though it had been made crystal clear to Budapest that the U.S. federal government is not authorized to negotiate with a foreign power on the fate of an educational institution. Undersecretary László Palkovics, who has been suspiciously quiet in the last few weeks, published a highly insulting article in the conservative Canadian National Post titled “Calling out Michael Ignatieff.” He accused the president of CEU of “hijacking academic freedom in Hungary.” In the article he repeats the old Hungarian demand of “a bilateral agreement between the institution’s country of origin and Hungary.” As if nothing had happened in the interim. Viktor Orbán is refusing to answer questions on CEU. He sent ATV’s reporter to László Trócsányi, minister of justice, who is supposed to come up with some clever legal answer to the European Commission’s objections. At the moment, however, he is “extremely uncertain” as to the legal underpinnings of the EC’s position on the issue. One thing is sure. The Hungarian government will wait until the last possible moment to respond to the European Commission on the CEU case.

To round out this post, let’s go back to the Medián poll to see who benefited from the drop in Fidesz support. The real winner was Jobbik, which gained four percentage points. In January 10% of the electorate would have voted for Jobbik. Today it is 14% which, given Jobbik voters’ enthusiasm for going to the polls, means that the party would receive 20% of the actual votes cast. This sudden jump in popularity is most likely due to the highly successful Jobbik “You Work—They Steal” campaign.

Collectively, the parties on the left also gained four percentage points. Those who expected miracles from László Botka’s announcement of his readiness to head MSZP’s ticket in preparation for the 2018 election must be disappointed. MSZP’s 9% is nothing to brag about, especially since Botka has been canvassing the country for the last month. MSZP’s standing is practically the same as it was in January. As for his own popularity, his name by now is widely known, but his popularity hasn’t moved upward. The two great losers in the popularity ranking are Viktor Orbán (-9) and János Áder (-11).

One more interesting item. Endre Hann and Zsuzsa Lakatos, who coauthored the article on the Medián poll, state that “the extrusion of Ferenc Gyurcsány … proved to be divisive. Two-thirds of MSZP voters would still like to see him ‘in an important political role.’ On the other hand, it is true that Botka … is considered to be a qualified candidate for the premiership by 54% of the DK voters.”

I’m curious what Viktor Orbán’s next step will be. So far there has been a reluctance to drop the divisive and damaging CEU affair, which is eating away at his support. Moreover, he is being confronted with a growing anti-Russian sentiment and charges of Vladimir Putin’s stranglehold on Viktor Orbán. László Kéri, an astute political observer, is certain that today “we live in a different world from the one a couple of months ago.” He predicts that the decline of the Orbán regime is inevitable. He compared the current governmental chaos to the last days of the Gyurcsány government. But, of course, Orbán is no Gyurcsány, who, although perhaps too late, resigned. A similar move from Viktor Orbán is unimaginable.

May 3, 2017

Viktor Orbán’s next victims: The civic organizations

The Orbán government, at least on the surface, is not intimidated by the growing criticism of and demonstrations against its hurriedly accepted amendments to the law on higher education, which makes Central European University’s life in Hungary impossible. On the contrary, Zoltán Kovács, spokesman for the Hungarian government, attacked those who raised their voices in defense of the university. For example, when Ulrike Demmer, deputy spokesman of the German government, expressed her government’s concern over the amendments, Kovács fired back, saying that it looks as if George Soros can mislead even the German government with his lies. He also called it regrettable that a serious and responsible government such as the government of Germany would make such a statement.

In addition to its legislation against CEU, the Orbán government decided to proceed with its long-planned move against those civic organizations that receive financial assistance from abroad. I began collecting information on this issue sometime in February when I spotted a statement by László Trócsányi, minister of justice. He accused the NGOs of being political actors without any legitimacy as opposed to parliament, which is elected by the people. Soon enough Viktor Orbán himself attacked them. By late March the situation seemed grave enough for a group of scholars from the United States and Great Britain to sign a statement, “No to NGO crackdown in Hungary.” What was remarkable about this statement was that a fair number of the signatories came from decidedly conservative organizations and think tanks, like the American Enterprise Institute, the Hudson Institute, the Atlantic Council, and the Adam Smith Institute. Their concern didn’t impress Viktor Orbán, who in Warsaw at the summit of the Visegrád Four countries accused the NGOs of being in the “migrant business,” which would require new regulations to ensure the “transparency” of their finances.

One didn’t have to wait long for follow-up action. On April 2, 444.hu obtained a copy of a proposal that would regulate all NGOs that receive foreign financial support. The reason given was long-winded and confused. Basically, the government was afraid that foreign interest groups might be able to influence Hungarian civic organizations to perform tasks that don’t serve the interests of the community but only the selfish interests of these foreign groups. Foreign-funded NGOs thus “endanger the political and economic interests … sovereignty and national security of Hungary.” For good measure, the proposed bill cited the danger of money laundering, financing extremist groups, and lending a helping hand to terrorists. The complete text of the draft can be read here.

HVG, with the help of its legal experts, took a quick look at the draft and decided that the bill in its present form doesn’t make the affected NGOs’ existence impossible. It is just nasty and humiliating. One of the humiliating items is that every time associates of these NGOs make a statement, give an interview, or provide informational material they must identify themselves as representing “an organization supported from abroad.” The experts decided that this is not as bad as the original idea, which apparently would have called the associates of these organizations “foreign agents.”

Spokesmen for these organizations were not as optimistic as HVG’s legal experts. According to Amnesty International, this new law can have the same devastating effect as the Russian law had after its introduction. Áron Demeter, Amnesty International’s human rights expert, considers the proposed bill a serious violation of the right of association and freedom of expression. Márta Pardavi of the Helsinki Commission regards the notion of “foreign subsidy” far too vague. It looks as if even EU grants are considered to be foreign subsidies and would thus be viewed as “foreign interference” that endangers Hungary’s national security. Or, there is a fund that was created from the budgets of the foreign ministers of the Visegrád Four countries. Is this also considered to be “foreign money”? She noted that churches and sports clubs are exempt from any such restrictions. Political think tanks and media outlets that also receive sizable amounts of money from abroad are exempt as well, although, as Pardavi rightly points out, they have a more direct influence on politics than, for example, the Helsinki Commission.

As it stands now, any civic organization that receives more than 7.2 million forints (about $25,000) a year from outside of Hungary must describe itself as an “organization supported from abroad.” Each time an organization receives any money from abroad, it must report the transaction to the courts within 15 days. The details of each organization’s finances will be listed on a new website called Civil Információs Portál. If an organization misses this deadline it can be fined and, in certain cases, can be taken off the list, which means that it will be shut down for at least five years.

Gergely Gulyás, one of the deputy leaders of the Fidesz parliamentary delegation, invited all those parties that have individual caucuses for a discussion of the bill. At the meeting, held this afternoon, it became clear that none of the opposition parties wants anything to do with the bill, which will be submitted to parliament this week. Even Jobbik said “no” to the proposal. As Gulyás Gergely said after the meeting, “George Soros’s hands even reached as far as Jobbik.” As the Fidesz statement insisted, “every Hungarian must know who George Soros’s men are; what kind of money and what kinds of interests are behind these organizations supported from abroad.” The bill will be voted into law before the week is out.

But, as 444.hu pointed out, by attacking the NGOs the Orbán government is treading on dangerous ground because Hungary in 1999, during the first Orbán government, signed the Charter for European Security of the Organization for Security and Co-operation in Europe. In the charter we find the following: “We pledge ourselves to enhance the ability of NGOs to make their full contribution to the further development of civil society and respect for human rights and fundamental freedom.” 444.hu predicts that this piece of legislation, if passed, will prompt even greater protest in Europe and the United States than the Hungarian government’s action against CEU.

Given Hungarian political developments in the last seven years, I assume it doesn’t come as a great surprise that one of the key findings of Freedom House’s “Nations in Transit 2017” is that, with regard to democracy, “Hungary now has the lowest ranking in the Central European region,” behind Bulgaria and Romania. The trajectory of Hungary’s fall from grace is shown below.

April 5, 2017

The Hungarian government’s flouting of European law and human rights

Two weeks ago the European Court of Human Rights (ECHR) handed down a decision that may affect part of Viktor Orbán’s solution to the refugee crisis. He might not be able to continue incarcerating asylum seekers in so-called transit zones.

Hungarian civil rights activists were encouraged by the Court’s decision, especially since the latest amendments to the Law of Asylum, passed not long ago by the parliament, envisaged these container transit zones as the sole means of handling asylum applicants. In fact, it was today that the amended law came into effect.

After ECHR’s ruling, the leaders of the government parties began suggesting in all seriousness that Hungary should simply suspend its adherence to the Convention for the Protection of Human Rights and Fundamental Freedoms, originally adopted in 1950. This is not a joke, just as it is not a joke that Hungary is pursuing the issue of the red star on bottles of Heineken beer. Both are hopeless efforts by a government that is acting even more strangely of late than it normally does.

A week ago Monday, Imre Vejkey (KDNP) began the attack on the Convention: “Now is the time to think about terminating Hungary’s adherence to the Convention or at least suspending some of its provisions.” On Thursday János Lázár said at his press conference that the government considers the verdict “unacceptable and impossible to implement.” Although the decision was unanimous and the Court is unlikely to reverse itself, the Hungarian government insists on appealing the judgment. By Friday Zoltán Kovács, the government spokesman, announced on ATV that “the ministry of justice will have to examine what kinds of obligations” Hungary has under the terms of the Convention. On Sunday Lajos Kósa, the leader of Fidesz’s parliamentary caucus, said that if Strasbourg continues criticizing Hungary’s migrant policies “we must relinquish” our adherence to the treaty. He even accused the Hungarian Helsinki Commission of “profiting from the migrant crisis at the expense of the Hungarian government.” He was alluding to the fact that the Court, in addition to the 5.8 million forints awarded to each of the refugees, granted 2.7 million forints to the Hungarian Helsinki Commission for their work on the case.

Együtt, one of the smaller opposition parties, compiled a list of what Hungarians would be deprived of if Hungary turned its back on the Convention and consequently on the Council of Europe. The list is long: right to equality; freedom from discrimination; right to life, liberty, personal security; freedom from slavery; freedom from torture and degrading treatment; right to remedy by a competent tribunal; freedom from arbitrary arrest and exile; right to a fair public hearing; right to be considered innocent until proven guilty; right of free movement in and out of the country; right to asylum; right to own property; right to education. And we could continue. But Lajos Kósa sees no problem whatsoever with the suspension of the Convention because “in Hungary it is not the legal force of ECHR that guarantees human rights but the Hungarian Constitution and other international treaties.”

This is all just talk. The consequences of such a move would be so severe that no country, especially a member of the European Union, could seriously entertain it. The very first consequence of such folly would be a loss of membership in the Council of Europe. That in turn would result in serious conflict with, or even expulsion from, the European Union. So, Kósa can demand all he wants that the government in the name of Fidesz suspend adherence to the Convention. Nothing of the sort will happen. After all, in Europe there are only three countries that are not signatories: the Vatican, Kosovo, and Belarus.

As for the Hungarian Helsinki Commission, Márta Pardavi, co-chair of the organization, doesn’t seem to be at all frightened by the threats made by the government against the institution as a beneficiary of the migrant business. She reminded Kósa of the kind of business the Hungarian government is conducting via the settlement bonds, sold to thousands of people for 300,000 euros each. So, Kósa should not accuse others of financial gain from the miseries of refugees. (Of course, there are refugees and “refugees,” with staggeringly different levels of misery.) As for the 2.7 million forints for legal fees, she finds the amount perfectly reasonable. Unless she hears something similar from the government itself, she considers Kósa’s semi-incoherent words on the subject mere “political rant.”

The government is remaining quiet for the time being. But its actions show that it was’t impressed with the Court’s verdict or with the Hungarian Helsinki Commission’s repeated assertion that the government’s latest law on asylum is illegal not just according to the Court in Strasbourg but also according to the Hungarian Constitution. The Hungarian Helsinki Commission again had to turn to ECHR on Friday in order to put an immediate stop to moving a pregnant woman from Uganda and eight refugee children who had been housed in Fót to the transit zone near the Serbian border. The woman had been a victim of torture and is currently suffering from psychological trauma. As far as I know, the government refrained from the forcible removal of these people, at least for the time being.

It looks like a lecture to me / Source: Népszava / Photo József Vajda

Meanwhile Dimitris Avramopoulos, EU commissioner for migration, arrived in Budapest to conduct negotiations with Sándor Pintér, minister of the interior, and László Trócsányi, minister of justice. Avramopoulos’s job was to drive home to Budapest that all member states must comply with the Union’s rules and that human rights is one of the basic principles that must be adhered to. At the end of the negotiations it was announced that a working group will be formed to examine whether the Hungarian law infringes on the laws of the European Union. According to legal scholars, it unquestionably does. It would be time for the European Union to put an end to the Hungarian government’s games because nothing good can come of them as far as the future of the Union is concerned.

March 28, 2017

An EU prosecutor’s office would be a heavy blow to Viktor Orbán

I don’t think that anyone familiar with the Hungarian situation can doubt the economic ramifications of the institutionalized corruption of the Orbán regime. It retards growth and competitiveness and distorts the market economy.

A significant source for this institutionalized stealing is the EU’s convergence funds. Across the EU approximately 50 billion euros in funds distributed to member states is lost to fraud. The problem is especially acute in the former Soviet satellite countries: Bulgaria, Romania, and Hungary. The European Commission’s European Anti-Fraud Office (OLAF) gathers evidence of financial misconduct and prepares hundreds of judicial recommendations, but the prosecution rate is only about 30%.

If you think that this rate is pitifully low, you should take a look at the Hungarian situation. In 2015 OLAF investigated 17 suspicious cases, of which 14 were deemed serious enough for the organization to suggest that financial penalties be paid by the Hungarian government. As far as I could ascertain, in no case did the Hungarian prosecutors move a finger.

Yet hardly a day goes by without news of corruption. Ákos Hadházy, co-chair of LMP who has done the most to unearth corruption, asked Péter Polt, the chief prosecutor, to reveal the number of cases prosecuted since 2011. The answer was staggering. In only four cases did prosecutors bring charges. In monetary terms, in comparison to the billions most likely stolen, the sums involved were peanuts. According to their findings, the financial loss to the European Union was only 286 million forints, or 917,030 euros. Even though every day Hungary receives about two billion forints in EU convergence funds. Several notorious cases, like the street lighting business of Prime Minister Viktor Orbán’s son-in-law, were simply dropped.

For the EU, setting up a new organization–the European Public Prosecutor’s Office or EPPO–to investigate the fraudulent misuse of EU funds and inter-state or so-called carousel fraud is becoming an urgent task. In December I devoted a post to the subject, in which I reported first the reluctance and later the refusal of the Hungarian government to accept such a supranational body. We heard the old refrain: “the sovereignty of Hungarian prosecution might be undermined.” Moreover, goes the argument, since the Hungarian chief prosecutor is appointed by parliament, there might also be a constitutional problem. The latter excuse is truly laughable: almost never does the need for an amendment to the constitution cause any problem for the Orbán government.

Knowing the government’s heavy reliance on the good offices of the chief prosecutor in fraud cases, it was inevitable that Hungary would fight tooth and nail against EPPO. In the last couple of days the issue emerged again after an informal meeting of the justice ministers in Malta. Seventeen countries indicated they would participate in so-called “enhanced cooperation,” which is a procedure whereby a minimum of nine EU countries are allowed to establish advanced integration or cooperation within EU structures without the other EU countries being involved. Five countries, among them Hungary and Poland, opted out.

Justice Minister László Trócsányi self-righteously announced after the meeting that the Hungarian government’s main concern with setting up an EU public prosecutor’s office is its fear of weakening such institutions as Eurojust and OLAF, neither of which has prosecutorial powers. The former is merely a coordinating body that is supposed to improve the handling of serious cross-border crimes by “stimulating” investigative and prosecutorial coordination among agencies of the member states. OLAF can only make recommendations. Trócsányi had the temerity to claim that “these institutions have achieved remarkable results.” In the statement given to MTI, the Hungarian news agency, Trócsányi left open one possibility: “In case they want to establish a European prosecutor’s office, it should be created on the foundation of Eurojust.” As far as Hungary is concerned, “regulating the competence of such a body should require a unanimous vote.” This is in contrast to other countries “who believe that its establishment is possible by a qualified majority.”

Péter Niedermüller, DK member of the European Parliament, somewhat optimistically predicted that “the establishment of EPPO can be delayed but cannot be prevented.” We do know that the EU is reassessing its convergence program, perhaps as a result of all the fraud. Commissioner Věra Jourová, who is in charge of the project, has already indicated that there might be a modification of the rules governing the assignment of EU convergence funds. In plain language, if a member state receives more funds than it contributes to the common purse, it will get less money in the future. The European Parliament can institute “ex ante conditionalities” that would allow for such modifications. That would be a heavy blow to Poland and Hungary, the largest beneficiaries of the convergence funds.

You may have been wondering why I haven’t written about OLAF’s report on its investigation into fraud in the Budapest Metro 4 project, which was reported by Politico at the end of December 2016. It has been heralded as one of the biggest fraud cases ever in the European Union. OLAF recommended the repayment of €228 million to the EC Department of Regional and Urban Policy and €55 million to the European Investment Bank.

Although in the last month the Hungarian media has been full of accusations and counter-accusations, no responsible reporting of the case is possible for the very simple reason that the Hungarian government refuses to make the OLAF document public. As long as we have no idea what is in the document and we have to rely on the interpretations of János Lázár and Nándor Csepreghy, the number one and two men of the Prime Minister’s Office, and Budapest Mayor István Tarlós, who has definite ideas on the subject but admits that he hasn’t seen the report itself, we cannot possibly pass judgment on the case.

The investigation covers the period between 2008 and 2014–that is, two years of the Gyurcsány-Bajnai government and four years of the Orbán administration. The only thing we can say is that it is unlikely that all the fraud took place before 2010 and nothing happened under the new government, which is what the Orbán government claims.

Under the present setup these OLAF reports can be an instrument for political games. The establishment of a supranational European Public Prosecutor’s Office would help prevent the kind of situation that currently exists in Hungary with the latest OLAF report.

January 29, 2017