ABSTRACT

The Fidesz-KDNP coalition parties were voted into office in 2010 with a two-thirds majority in the unicameral National Assembly, which gave them significant leeway to implement their political agenda smoothly. Nevertheless, the governing coalition, driven by revolutionary zeal, was determined to put in place major legislative reforms as quickly as possible in the face of every opposition. This attitude led to the instrumentalization of parliamentary legislation which manifested itself in an increasing number of serious irregularities of the legislative process. This article argues that the procedural flaws of parliamentary law-making constitute an infringement of the rule of law principle as it is interpreted in the Council of Europe and the European Union. In order to show that the situation is much more serious in Hungary than the criticisms voiced by the European rule of law mechanisms suggest, we analyze all the constitutional review cases in which legislative acts were challenged on procedural grounds after 2010. Finally, we discuss the outcome of the cases adjudicated by the Hungarian Constitutional Court to see which irregularities were found unconstitutional.

摘要

FIDESZ-KDNP联盟缔约方于2010年投了210名办公室，在非古马国民议会中有三分之二的大部分，这为他们提供了重要的余地来平稳地实施其政治议程。然而，在革命热情的推动下，执政联盟决心在面对每一个反对派的情况下尽快实施重大的立法改革。这种态度导致议会立法的工具化，这表现在立法过程中越来越多的严重违规行为。本文认为，议会立法的程序缺陷构成了对欧洲委员会和欧盟所解释的法治原则的侵犯。