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The Hungarian constitution of 2012 and its protection of fundamental rights
Örebro University, School of Law, Psychology and Social Work.ORCID iD: 0000-0001-5982-4555
2012 (English)In: Europapolitisk analys = European Policy Analysis, no 3, p. 12p. 1-12Article in journal (Other academic) Published
Abstract [en]

As early as the end of 2010 and the beginning of 2011, the new Hungarian media law was vividly discussed throughout Europe. The EU Commission decided in January 2011 to bring a legal action against this law, a move that forced the Hungarian government and Parliament to change certain parts of it. However, when this discussion arose, a proposal for a new Hungarian Constitution had already been launched, and at that stage it was already possible to see that this new constitutional text, which was adopted by the Hungarian Parliament on 18th and 25th April 2011 and entered into force on 1st January 2012, despite widespread international criticism, was going to be even more controversial.

This paper intends to explain why that is the case, and to view the discussion concerning the new Constitution from a legal and constitutional perspective, related to the old Hungarian Constitution of 1989 as well as to European law. It also looks at the possible impact of new legal measures that have been or may be brought by the EU against Hungary. In order to fully understand the current situation, certain crucial historical and political factors must also be taken into account.

A thorough analysis of the new constitution reveals that it is based on mainly conservative ideals and values, such as Christianity, family and the Hungarian nation. The main problem is not any attack or assault on crucial human rights, but rather a wish of the governing party to preserve its power, e.g. in terms of appointing judges and other high officials, through constitutional and other legal arrangements.

Place, publisher, year, edition, pages
Stockholm: Svenska institutet för europapolitiska studier (SIEPS) , 2012. no 3, p. 12p. 1-12
National Category
Law
Research subject
Law
Identifiers
URN: urn:nbn:se:oru:diva-24436OAI: oai:DiVA.org:oru-24436DiVA, id: diva2:545244
Available from: 2012-08-18 Created: 2012-08-15 Last updated: 2019-04-08Bibliographically approved

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The Hungarian constitution of 2012 and its protection of fundamental rights

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Nergelius, Joakim

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CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf