Changing the constitution is a frequent affair in Viktor Orbán’s Hungary. The amendment promulgated today is the seventh since April 2012. So by now the ministry of justice can draft these amendments with relative ease and great speed. Admittedly, we don’t know when work began on this latest touch-up because the Orbán government kept its preparation secret.
According to Hungarian law, no referendum can be held on issues related to the constitution. Yet even before the “refugee” referendum was held, it was obvious that the result of a successful referendum would be a constitutional amendment.
Well, the referendum turned out not to be valid, but such setbacks don’t deter Viktor Orbán. Today László Trócsányi, minister of justice, submitted the government’s proposed amendments to the constitution. The text of the amendments is accompanied by a fairly lengthy justification. Under the heading “General Justifications” we can read:
At the referendum held on October 2, 98% of the electorate voted ‘no’ for forced settlement. With this act the new unity for Hungary came into existence. This new unity is above parties; it considers the defense of Hungary’s sovereignty and the rejection of settlement quotas to be national issues.
The common will of the 98% obliges parliament to endow it with legal force. This amendment is based on the will of a 98% majority, 3 million 300 thousand people. This is more than the electoral support of any party in the past quarter century.
So, let’s see what Trócsányi and his men in the justice ministry came up with. The translation was done by Ben Novák of The Budapest Beacon. I assume that eventually the government will make its official English version available.
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A sentence will be added to the much criticized Preamble, the National Avowal.
After the sentence that reads “We honour the achievements of our historical constitution and we honour the Holy Crown, which embodies the constitutional continuity of Hungary’s statehood and the unity of the nation,” the following sentence will appear: “We hold that the defense of our constitutional self-identity, which is rooted in our historical constitution, is the fundamental responsibility of the state.”
Paragraph 2 of Article E of the Fundamental Law will be amended to read:
Hungary, as a Member State of the European Union and in accordance with the international treaty, will act to the extent necessary to be in accordance with the rights and responsibilities granted by the founding treaty, in conjunction with powers granted to it under the Fundamental Law together with other Member States and European Union institutions. The powers referred to in this paragraph must be in harmony with the fundamental rights and freedoms established in the Fundamental Law and, in addition, they must not limit Hungary’s inalienable rights concerning its territorial integrity, its population, its form of government, and its state structure.
Article R of Article 3 (paragraph 4) will be amended to include:
It is the responsibility of every state institution to defend Hungary’s constitutional identity.
Article 4 (1), paragraphs 1-3 will be replaced with the following text:
(1) No alien population can be settled in Hungary. Foreign citizens, not including the citizens of countries in the European Economic Area, in accordance with the procedures established by the National Assembly for Hungarian Territory, may have their documentation individually evaluated by Hungarian authorities.
(2) Hungarian citizens on Hungarian territory cannot be deported from Hungarian territory, and those outside the country may return whenever they so choose. Foreigners residing on Hungarian territory may be deported only by means of legal adjudication. It is forbidden to perform mass deportations.
(3) No person can be deported to a state, nor can any person be extradited to any state, where they are in danger, discriminated against, subject to persecution, or where they are at risk of any other form of inhumane treatment or penalty.
Paragraph 4 of Article XIV will be expanded with the following text:
(4) Hungary will provide asylum to non-Hungarian citizens if the person’s country of origin or other countries do not provide protection, and also to those who, in their homeland or place of residence, are persecuted for their race, ethnicity, social standing, religion, or political convictions, or if their fear of persecution is grounded.
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It’s been only a few hours since the text of the amendments was made available, so few commentaries have appeared. One came from Csaba Molnár, a deputy chairman of the Demokratikus Koalíció, who put it bluntly: Orbán conned the country with these amendments. He used a somewhat indelicate comparison which I will translate here as “the amendments have no teeth.” In his opinion the amendments are simply a rewriting of currently effective Hungarian and European laws. They are no more than eyewash (szemfényvesztés).
Péter Magyari of 444.hu finds the wording vague and elastic. He pays special attention to paragraph 4 of article XIV which, in his opinion, doesn’t preclude the execution of quota decisions but only describes its road map. All in all, he thinks the text is cautious and elastic, so the European Commission will most likely accept it.
Now the question is what Gábor Vona of Jobbik will say to the amendments. After all, without his support Fidesz doesn’t have enough votes to pass them. The democratic parties already announced their refusal to engage in any discussion about them. DK, in fact, because of Fidesz’s attitude toward the results of the referendum, the “sanctimonious” amendment of the constitution and what happened to Népszabadság, will boycott parliament. From the little we know about Jobbik’s reaction, it looks as if Vona, who wants to have a private discussion with Orbán about the issue, also finds the text far too cautious and elastic. He and his party want certain changes. What these changes are we don’t know yet, but people suspect that Jobbik considers the amendments too wishy-washy.
I’m sure that legal scholars better versed in European law will find Trócsányi’s amendments a great deal more sophisticated than meets the eye. I’m looking forward to a lively debate on the subject.