Must-read analysis by Profs Halmai & Scheppele on Orban’s #EnablingAct
Hopefully @vonderleyen Commission will take note & stop embarrassing itself by giving any credit to deliberately misleading nonsense spread by HU MoJ who specialises in this particular trade
(short thread)
Hopefully @vonderleyen Commission will take note & stop embarrassing itself by giving any credit to deliberately misleading nonsense spread by HU MoJ who specialises in this particular trade
(short thread)
@vonderleyen 1/ Reminder first: Hungary was *already* no longer a democracy *prior* to the adoption Orban’s enabling act and the evidence in this respect is just overwhelming for all but seemingly @vonderleyen Commission and of course Orban's regime itself...
@vonderleyen 2/ Bottom line: “Orbán’s emergency regime gives him unlimited legal power for as long as he wants to use it, and all apparent checks on his power are illusory”
As previously noted Orban had before virtually no checks on his power in practice. Now he has none
As previously noted Orban had before virtually no checks on his power in practice. Now he has none
@vonderleyen 3/ Why in a nutshell: Enabling Act transferred to Orbán the power to indefinitely renew his own decrees – which he has been doing with a vengeance.
see recently e.g. ft.com/content/5ba8a7…
see recently e.g. ft.com/content/5ba8a7…
@vonderleyen 4/ What about withdrawal of delegation of power? A smokescreen as Parliament must muster 2/3 vote to change it = as long as Orbán maintains support of one-third he can go on issuing decrees forever
Free bonus: reality of HU Parliament scrutiny in photos gregorsailer.com/The-Potemkin-V…
Free bonus: reality of HU Parliament scrutiny in photos gregorsailer.com/The-Potemkin-V…
@vonderleyen 5/ Additional reminder: Parliament set no deadline for the end of the emergency – or any specified time frame that would make the grant of these powers to Orbán temporary = de facto permanent until Supreme Leader has a change of mind
@vonderleyen 6/ What about judicial control? Another smokescreen as new decree allows prosecution to postpone cases until end of emergency & allows either party in civil cases to ask for suspension = Orbán has neutralised controlling effect of court system with an emergency decree #CheckMate
7/ Orbán’s dictatorship in practice: about 70 decrees with indefinite force so far. One allows the minister of innovation to find out any personal information about anyone… GDPR anyone?
8/ Another decree ordered removal of board of directors of a publicly traded company without going through procedures outlined in Hungarian company law for doing so. Now company is directed by Fidesz loyalists...
Relevant reading in this respect: project-syndicate.org/commentary/hun…
Relevant reading in this respect: project-syndicate.org/commentary/hun…
9/ You could go on and on… Bottom line: Hungary’s emergency is not like that of any other country in Europe and the dictatorship is well and truly here
Reminder: prior to Enabling Act Orban's HU was already considered EU's first authoritarian regime
Reminder: prior to Enabling Act Orban's HU was already considered EU's first authoritarian regime
10/ To conclude, time for EU Commission President @vonderleyen and Commissioner @VeraJourova to stop denying obvious: HU is no longer a democracy and Orban’s enabling act, an unconstitutional piece of dictatorial legislation which would have made Carl Schmitt blush
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