Human Rights Watch has issued a critical statement against the Hungarian government’s recent use of emergency powers to annul ongoing court cases challenging a municipal tax. The organization describes this move as a “dangerous precedent” infringing upon the independence of the judiciary and the separation of powers. This action has been labeled as a substantial blow to the rule of law, pointing to concerns about authoritarian overreach in Hungary. The Hungarian government’s act of using an emergency decree to dismiss these court cases is viewed as a constitutional breach, effectively making the government a judge in its own legal conflict, thus bypassing necessary parliamentary oversight.
The decree in question, Government Decree 15/26 (II.3), came into effect on February 3, terminating lawsuits concerning a “solidarity contribution tax” on municipalities, which was escalated in 2023 to redirect funds from wealthier municipalities to the national budget. Legal opposition quickly followed from Budapest and several other municipalities controlled by opposition parties. Despite this, the Hungarian State Treasury faced judicial rulings asserting its illegal taxation activities, with the Curia and the Budapest Metropolitan Court recognizing their authority to adjudicate the matter under Article 26(1) of the Hungarian Constitution.
The Budapest Metropolitan Court is now considering an “individual norm control procedure” and potentially seeking a preliminary ruling from the EU under the Convention on the European Charter of Local Self-Government. This reaction underscores the judiciary’s belief in their autonomous right to manage such disputes without interference from the executive branch.
Budapest Mayor Gergely Karácsony voiced concern over the precedent set by this governmental action, suggesting that such decrees could be employed at any moment to nullify judicial processes that could rule against government policies. This situation precedes the Hungarian parliamentary elections on April 12, where opposition parties, particularly Péter Magyar’s Tisza party, currently hold a significant lead in polls over the incumbent Fidesz party led by Viktor Orbán. This lead heightens the worries about the elections being free and fair amidst an environment marred by allegations of using legislative means to consolidate power and target dissenting voices.
The European Union has been urged to consider the implications of this precedent on the rule of law in Hungary, echoing concerns previously raised regarding potential violations of Article 2 of the Treaty of the European Union. The unfolding events are seen as part of a broader trend where the current administration, in power since 2010, has faced extensive criticism for leveraging legal frameworks to diminish the autonomy of independent institutions and suppress opposition figures. More details on this are available from JURIST.