Published - 17 June 2024
Tarik Dinsi
Since Viktor Orbán's re-election in 2010, Hungary has experienced significant democratic backsliding. Orbán's Fidesz party controls the parliament, enabling constitutional reforms that undermine judicial independence and media neutrality. These changes weakened democratic institutions, consolidated Orbán's power, and led to a semi-authoritarian regime. Opposition efforts in the 2022 elections failed, highlighting ongoing resistance against Orbán. The European Parliament condemned Hungary's democratic decline, emphasizing the adverse impact of these reforms on the rule of law and democratic norms.
Hungary's democracy has been in decline since Viktor Orbán was re-elected in 2010. His party, Fidesz, which holds a significant majority in the Hungarian parliament (Britannica, 2023), has enabled him to implement sweeping constitutional reforms. These changes have included taking control of the judiciary and media (Britannica, 2023), facilitating a shift from democratic governance to a semi-authoritarian regime. The opposition’s unified effort in the 2022 elections to oust Orbán failed, reinforcing his grip on power (The Guardian, 2022). This situation has drawn international attention, demonstrating significant resistance within Hungary and highlighting the desire to restore democratic principles. The European Parliament's symbolic vote against Orbán’s government marked it as no longer a full democracy (Europarl, 2022), causing considerable political and financial repercussions for Hungary.
The anti-democratic constitutional changes enacted by Viktor Orbán exemplify the phenomenon of democratic backsliding. The Fidesz party’s control over the parliamentary majority has facilitated this process. According to Scheppele, democratic backsliding involves scenarios where charismatic leaders, elected through democratic means, use their electoral mandates to dismantle constitutional systems (Scheppele, 2018, p. 27). In Hungary, this has manifested in Orbán’s systematic undermining of judicial independence, media neutrality, and other democratic norms. Levitsky and Ziblatt describe a related concept, autocratic legalism, which involves a shift from democracy to an authoritarian or hybrid regime through legal means (Levitsky & Ziblatt, 2018, p. 18). This includes using political institutions as tools to entrench power, manipulating courts to serve partisan interests, and rewriting constitutions to weaken opposition and consolidate control.
The thesis is clear: Viktor Orbán’s constitutional reforms have significantly contributed to democratic backsliding in Hungary. Since his re-election in 2010, Orbán has systematically eroded democratic norms. Scheppele defines democratic backsliding as a process where elected leaders use their mandates to dismantle the constitutional systems they inherited, consolidating power and weakening opposition (Scheppele, 2018, p. 545). Constitutions are intended to distribute power among various state organs, ensuring reciprocal controls and cooperative governance (Britannica, 2023). However, democratic backsliding occurs when safeguards against undemocratic constitutional reforms are absent, allowing politicians to consolidate their power unchallenged.
Image: Zoltan Mathe/EPA
From 2010 to the present, Viktor Orbán and his party have reformed the constitution to erode democratic norms in Hungary. An early example was limiting the power of the Constitutional Court by increasing the number of judges from 11 to 15, allowing Orbán to appoint loyalists (Verfassungsblog, 2010). Additionally, the Fundamental Law reduced the retirement age for judges from 70 to 62, forcing 274 judges to retire and allowing Orbán to replace them with Fidesz loyalists (Verfassungsblog, 2010). This strategy aimed to limit the court’s power and eliminate resistance. Consequently, Orbán was able to rewrite the 1989-1990 constitution, ensuring his re-election in 2014 and benefiting his party through new laws (Scheppele, 2018, p. 549). This shift towards a semi-autocratic legal system demonstrates democratic decline due to the lack of an independent judiciary.
Moreover, the Fidesz party targeted political participation by introducing a “limited mental capacity bill” in 2013, restricting voting rights for individuals with psychosocial or intellectual disabilities (HRW, 2013). This decreased political participation and opposition votes. In 2012, Orbán introduced a mandatory voter registration law, further restricting voting rights (HRW, 2013). Although this law was repealed in 2013, it had already created a political rift, signaling that votes for the opposition would not be counted (HRW, 2013). This tactic of voter suppression is a classic strategy of authoritarian regimes to consolidate power by limiting political competition.
Furthermore, through constitutional reform, Orbán gained control over legislative and executive institutions and the media, shifting them from neutral entities to pro-Orbán platforms (Britannica, 2023). Media independence was compromised in 2010, with government-aligned media dominating newspapers, radio, television, and online platforms. Levitsky and Ziblatt highlight the significant role of media in influencing public opinion, noting that during Donald Trump’s campaign, he received more media coverage than Hillary Clinton, impacting public perception (Levitsky & Ziblatt, 2018). Similarly, Orbán uses media coverage to his advantage, ensuring positive attention for himself and negative coverage for the opposition, a tactic that consolidates power and exemplifies democratic backsliding.
Image: Atilla Kisbenedek/AFP
The impact of these reforms extends beyond Hungary's borders, raising concerns within the European Union. The EU has long been a champion of democratic values, and the situation in Hungary poses a challenge to the union’s principles. The European Parliament’s resolution against Orbán’s government underscores the severity of the democratic backsliding in Hungary and signals a need for concerted efforts to address this issue. Financial consequences have also ensued, as the EU has linked funding to adherence to democratic norms, putting pressure on Hungary’s government to reconsider its approach.
In examining the broader implications of Hungary’s democratic backsliding, it is essential to consider the theoretical frameworks provided by scholars like Scheppele and Levitsky and Ziblatt. Scheppele’s concept of democratic backsliding highlights the role of charismatic leaders in eroding constitutional systems, while Levitsky and Ziblatt’s notion of autocratic legalism underscores the use of legal mechanisms to achieve authoritarian goals. These frameworks help to contextualize Orbán’s actions within a broader pattern of democratic decline observed in other parts of the world.
The methods employed by Orbán to consolidate power are not unique to Hungary. Similar tactics have been observed in other countries experiencing democratic backsliding, such as Poland and Turkey. In Poland, the ruling Law and Justice (PiS) party has also sought to undermine judicial independence and control the media, drawing parallels to Hungary’s experience. In Turkey, President Recep Tayyip Erdoğan has used constitutional reforms to extend his powers and suppress opposition, illustrating a comparable trajectory towards authoritarianism.
Image: Yves Herman/Reuters
This global trend of democratic backsliding underscores the importance of robust democratic institutions and norms that can resist such erosion. Independent judiciaries, free media, and active civil society are crucial in maintaining democratic governance. The situation in Hungary serves as a cautionary tale for other democracies, highlighting the need for vigilance and proactive measures to protect democratic institutions.
Conclusion
In conclusion, Viktor Orbán’s constitutional changes have significantly contributed to democratic backsliding in Hungary. Since his re-election in 2010, Orbán has systematically altered the 1989-1990 constitution, eroding democratic norms and consolidating power. By increasing judicial seats and appointing loyalists, limiting political participation, and controlling the media, Orbán has transformed Hungary from a democracy to a semi-authoritarian state. This case exemplifies the impact of constitutional reforms on democratic decline and the consolidation of power. The broader implications of Hungary’s experience highlight the importance of safeguarding democratic institutions and norms to prevent similar backsliding in other countries.
Constitutional government. (n.d.). In Encyclopedia Britannica. Retrieved June 17, 2024, from https://www.britannica.com/topic/political-system/Constitutional-government
Lyman, R. (2022, April 3). Viktor Orbán expected to win big majority in Hungarian general election. The Guardian. https://www.theguardian.com/world/2022/apr/03/viktor-orban-expected-to-win-big-majority-in-hungarian-general-election
Scheppele, K. L. (2018). Autocratic Legalism. [PDF file].
Contradicting Political Dynamics: Democratic Backsliding in Hungary and the Role of the EU. (n.d.). [PDF file].
Levitsky, S., & Ziblatt, D. (2018). How Democracies Die. [PDF file].
An illiberal welfare state emerging? Welfare efforts and trajectories under democratic backsliding in Hungary and Turkey. (n.d.). [PDF file].
MEPs: Hungary can no longer be considered a full democracy. (2022, September 9). European Parliament. https://www.europarl.europa.eu/news/en/press-room/20220909IPR40137/meps-hungary-can-no-longer-be-considered-a-full-democracy
Rankin, J. (2022, September 15). Hungary is no longer a full democracy, says European parliament. The Guardian. https://www.theguardian.com/world/2022/sep/15/hungary-is-no-longer-a-full-democracy-says-european-parliament
Euronews. (2022, September 15). Hungary is no longer a full democracy but an “electoral autocracy”, MEPs declare in new report. Euronews. https://www.euronews.com/my-europe/2022/09/15/hungary-is-no-longer-a-full-democracy-but-an-electoral-autocracy-meps-declare-in-new-repor
Reuters. (2022, March 31). Factbox: What has changed in Hungary during Orbán's 12-year rule. Reuters. https://www.reuters.com/world/europe/factbox-what-has-changed-hungary-during-orbans-12-year-rule-2022-03-31/
Uitz, R. (2010, January 22). Coping strategies of the Hungarian constitutional court since 2010. Verfassungsblog. https://verfassungsblog.de/coping-strategies-of-the-hungarian-constitutional-court-since-2010/
Human Rights Watch. (2013, May 16). Wrong direction on rights: Assessing the impact of Hungary’s new constitution and laws. Human Rights Watch. https://www.hrw.org/report/2013/05/16/wrong-direction-rights/assessing-impact-hungarys-new-constitution-and-laws#_ftn35
Viktor Orbán. (n.d.). In Encyclopedia Britannica. Retrieved June 17, 2024, from https://www.britannica.com/biography/Viktor-Orban
Lyman, R. (2022, April 3). Viktor Orbán expected to win big majority in Hungarian general election. The Guardian. https://www.theguardian.com/world/2022/apr/03/viktor-orban-expected-to-win-big-majority-in-hungarian-general-election