Hungary’s defiance raises alarms over democracy on the European Union’s south-eastern borders after a political feud threatened the constitution in Romania last summer and Bulgaria’s government was toppled last month after street protests.
But János Martonyi, Hungary’s foreign minister, insisted the government would now ask the arm of the Council of Europe that vets constitutions to give its opinion on the 15 pages of amendments and would make changes if necessary.
Most significantly, the amendment annuls rulings of the constitutional court made before the new constitution came into force last year.Laszlo Majtenyi, a law professor and former national ombudsman in Hungary, said this prevented the court from referring to earlier decisions as precedent.
“This move opens the door for arbitrary decisions by the court. It’s a [serious] problem,” he said.
Mr Martonyi said concerns over the changes would abate once the amendments were better scrutinised.
Protesters gathered outside Budapest’s presidential palace late on Monday in an attempt to persuade the president, Janos Ader, from signing the amendment into law. The move followed a small student protest on Sunday, with some students also blocking entry to Hungary’s parliament on Monday.
The vote and accompanying criticism is also likely further to weaken investor confidence in Hungary, after the appointment earlier this month of former economy minister Gyorgy Matolcsy to head the central bank.
Hungary’s parliament on Monday defied international pressure and passed constitutional amendments that critics say could undermine democratic checks and balances, opening a rift with its European partners.
The changes put limits on the powers of Hungary’s constitutional court and restore some elements of a controversial fundamental law adopted in January 2012 that had since been dropped under European pressure.
The EU and the Council of Europe, the non-EU human rights watchdog, criticised the decision by Hungary’s prime minister Viktor Orbán to hold the vote without first allowing European institutions to vet the amendments.
“These amendments raise concerns with respect to the principle of the rule of law, EU law, and Council of Europe standards,” José Manuel Barroso, the European Commission president, and Thorbjorn Jagland, secretary-general of the Council of Europe, said in a joint statement.
Guido Westerwelle, Germany’s foreign minister, on Monday warned the Hungarian government it must not threaten the independence of its constitutional court. He said he would raise his concerns personally with the Hungarian president in a meeting on Tuesday in Berlin.
“It is important that every country in the EU, including Hungary, understands that we belong to a community of values and that the independence of the constitutional court is crucial for every system in Europe,” Mr Westerwelle told a small group of reporters in Brussels.
Mr Orbán supported the amendment in a speech to MPs from his Fidesz party, saying he would “not give way” to international pressure to delay the vote on the amendment, local media reported.
In an interview with the FT, Mr Martonyi said his government was “somewhat surprised by the force of the reactions”. He added that the amendments were intended to address concerns raised by the constitutional court in the past and would, in some areas, expand the court’s role and powers.
Critics say the amendments contain provisions threatening the independence of the judiciary, and potentially violating freedom of religion and the principle of separation of state and church. They narrowly define heterosexual marriage and “marriage and parent-child relationships” as the basis of the family.
“I don’t want to dismiss all the points, because there are some points which merit attention and discussion, but the point of departure was a misunderstanding,” he said. “The legislature felt the powers and competences of the constitutional court were extended and not reduced.”
Analysts said it was unlikely that Mr Ader, a founding member of Mr Orbán’s Fidesz party, would defy his long-time political comrade. But another former president and head of Hungary’s constitutional court, Laszlo Solyom, posted an article on Monday urging Mr Ader not to sign the law.
On Friday Mr Matolcsy curbed the influence of his two deputies by stripping them of their main duties. Analysts said this could pave the way for the early introduction of looser monetary policy. Mr Matolcsy rattled investors and business sectors with “unorthodox” policies as economy minister.
(Financial Times)