Hungary’s Rule of Law Under Siege: A Dangerous Precedent
Hungary’s government has taken a drastic step that is reverberating through the European Union and raising serious concerns about the future of democracy and the rule of law. On February 3, 2026, a decree was issued terminating ongoing court cases challenging a municipal tax – a move Human Rights Watch has condemned as a severe blow to judicial independence.
The Decree and Its Immediate Impact
The decree immediately dismissed lawsuits filed by at least four municipalities, including Budapest, against the central government regarding the “solidarity contribution tax” for 2023-2025. These challenges originated from municipalities led by opposition parties or independents. Critically, the decree overrides pending court cases and demands full tax payment, irrespective of unresolved legal questions. At least one judge has already postponed hearings in response.
A Government Overriding the Courts
“Shutting down court cases by decree is not how a democracy functions,” stated Benjamin Ward, deputy Europe and Central Asia director at Human Rights Watch. “This is the government telling the courts what they can address simply as it does not like the legal challenge or those bringing it.” This action positions the government as judge in its own dispute, violating core constitutional principles like the separation of powers and judicial independence.
Contradicting Previous Rulings
The decree directly contradicts previous rulings by Hungary’s Supreme Court, which had affirmed that ordinary courts are competent to review disputes over the solidarity tax. Courts had also previously ruled that imposing the tax constituted an administrative act subject to judicial review. The government now claims the tax determination and collection are merely “technical processes,” excluding them from court oversight.
Legal Challenges and EU Scrutiny
The Budapest Metropolitan Court has already stated the decree violates principles of legal certainty, the rule of law, the right to an effective remedy, judicial independence, and the prohibition of retroactive legislation. The court will initiate a constitutional review and request a preliminary ruling from the Court of Justice of the EU. The Supreme Court has also directed judges to issue decisions on the cases.
A Pattern of Authoritarian Overreach
This decree is not an isolated incident. The government has ruled by decree for nearly six years, utilizing states of emergency – including those related to mass migration, the Covid-19 pandemic, and the war in Ukraine – to justify its actions. The current decree invokes the ongoing state of emergency linked to the war in Ukraine. This pattern raises concerns about the misuse of emergency powers for political gain.
Broader Democratic Backsliding in Hungary
The move comes amidst a wider trend of democratic backsliding in Hungary. Recent actions include constitutional and legislative changes restricting peaceful assembly, banning LGBT-related events, and introducing measures threatening civil society organizations. These developments signal a steady erosion of institutional checks, and balances.
EU Response and Future Implications
The EU has already expressed concerns about the rule of law in Hungary, including through ongoing scrutiny procedures and conditions attached to EU funding. This latest decree adds to the evidence supporting those concerns. The EU’s response will be critical in determining whether Hungary continues down this path.
What’s at Stake? The Future of the Rule of Law in Europe
Hungary’s actions have implications far beyond its borders. If left unchecked, this erosion of judicial independence could embolden other governments in the region to undermine democratic institutions. The case highlights the fragility of the rule of law and the importance of robust safeguards to protect it.
Did you know?
The principle of the rule of law, a cornerstone of democratic societies, ensures that everyone is subject to and accountable under the law, that the law is fairly applied, and that no one is above the law.
FAQ
Q: What is the “solidarity contribution tax”?
A: It’s a tax imposed on municipalities in Hungary, which has been challenged in court by those municipalities.
Q: What is a decree and why is it controversial?
A: A decree is a rule or order issued by the executive branch of government, often during a state of emergency. It’s controversial when used to bypass the legislative process and override judicial decisions.
Q: What is the role of the EU in this situation?
A: The EU has expressed concerns about the rule of law in Hungary and is considering its options for responding to this latest development.
Q: What does Benjamin Ward do?
A: Benjamin Ward is the deputy Europe and Central Asia director at Human Rights Watch.
Q: What are the potential consequences of this decree?
A: The decree could lead to further erosion of democratic institutions in Hungary and set a dangerous precedent for other countries in the region.
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