Attacks on Hungary's constitution 'hyperbolic'
by David Fieldsend
The new constitution of Hungary has been the subject of intense media interest and speculation over recent weeks. Despite hyperbolic claims to the contrary, the 30-odd cardinal laws implementing the constitution's provisions have been carefully examined and only three – relating to the structure of the central bank, the independence of the data protection authority and the retirement age of judges – have been found wanting by the European Commission. Accordingly, the commission has sent out investigatory letters to the Hungarian government seeking clarification, with the threat of being brought before the European Court of Justice if satisfactory answers are not received. In response, Prime Minister Viktor Orbán has promised to respond to the commission's letters and rectify any breach of European law.
Despite this, MEPs from the Liberal, Green and Socialist groups in the European Parliament declared at its January plenary session that there has been a breakdown in the rule of law and normal democratic processes in Hungary – maybe enough to warrant the initiation of procedures to sanction the country through the suspension of EU membership rights as provided for in Article 7 of the treaty. Most of their interventions were long on invective and very short on specifics. And the aspects of the constitution to which they seem to take most exception were not singled out by the commission in its statement, or by the Venice Commission in its report on Hungary's constitution which concluded that they were acceptable.
The parts that so upset the Liberals and the Socialists in particular were the references to Hungary's Christian heritage in the preamble, the section on family law which enshrines the traditional definition of marriage as being the union of a man with a woman, and provisions calling for the right to life to be respected from conception. But these provisions are, in fact, hardly novel or exceptional in a European context. The constitutions of the vast majority of existing European Union member states either invoke the name of God, refer to Christian heritage or a special role for the faith, or a particular church. Marriage is restricted to the union of a man and a woman in 19 out of 27 member states, whether by general law or constitutional provision. In at least three cases such a constitutional provision has been adopted within the last five years. As far as the right to life is concerned many constitutions provide protection from before birth – in cases such as Ireland this is accompanied by an almost blanket restriction on abortion, in other states including Germany it subsists alongside law that allows for an exception to be made for abortion with limits on the age of the foetus.
So why the outcry from parties of the broad left against Hungary's new constitution – its first since communist times? Maybe it is because they have been taken in by a conception of 'progress' that sees the current of political and social change in Europe flowing in only one long-term direction. According to this view, progress can only flow from right to left, from Christianity to atheism, with a one-way valve preventing the loss of any left 'gains'. When these politicians talk of 'European values' being under attack, it is not the mainstream values embedded in the vast majority of national constitutions that they are referring to, it is rather those of a small minority which they would like to see become the majority.
As the first Hungarian government since the collapse of Soviet hegemony to command the necessary two-thirds parliamentary majority, the current Fidesz-led coalition was given by the people of Hungary the historic responsibility of drafting the country's first post-communist constitution. The fact that this has been modelled largely on the constitutions of those EU member states that embody historic democratic values, rather than those incorporating more radical social innovations, should come as no surprise. This is not a country disappearing off the radar screen of democratic European norms. It is a country firmly situated within the historic mainstream of European constitutional praxis.
David Fieldsend manages the Brussels office of Christian Action, Research & Education, and is honorary chairman of the European Christian Political Foundation
Europe is simply watching on as Hungary undermines democratic checks on executive authority and attacks media freedom, judicial independence and the powers of the Constitutional Court – writes Lydia Gall
The direction of progress is naturally from fear, anxiety, ignorance, selfishness and supernaturalism towards science, logic, secularism and enlightenment. I suppose that is why people believe the path is from Christianity and selfishness to secularism and liberalism.
pmcdonald - England
@pmcdonald: it is hard to see why it would be enlightened to abort children, or to destroy the concept of marriage? Nor is it clear why Christianity is "selfish". Fieldsend is 100 per cent right and I suppose the fact that in the democratic elections, they were completely marginalised - socialists fell to below 20 per cent - and Liberals were even voted out of parliament is why those lefties are so aggressive.
Anon
Excellent article showing independence of thinking contrary to mass media, mostly leftist, propaganda that blocks fair assessment of the real situation in Hungary and huge efforts taken by the right-wing Hungarian goverment of today to save the country and resolve major problems left by the irresponsible and arogant left wing party rulling in Hungary for the last few years that left the country in economic ruin. Nobody was so excited in the EP and the EC, media and elsewhere when socialist party run the irresponsible "show" Hungary leading directly to bankruptcy of the country, left enormous budget deficit, and destroyed economy. When the new Hungarian goverment started difficult and tough reforms, forced media to be more responsible, and made references to the traditional Christian values in constitution - that are supported by Hungarians - then an immediate attack from the left part of EP, partly EC, and media started. What a hypocrisy. May Hungary succeed in its brave efforts.
PETER - POLAND
@PETER-POLAND: You have absolutely no idea of what you are talking about. Victor Orban has taken several pages out of the Putin playbook. Don't let the rhetoric fool you; the proof, as they say, is in the pudding. Centralisation of power? Sweeping constitutional "reform"? Removing all checks and balances? Attempted power grab on the national bank? Making criticism of the government in the media an actionable offence? It will take us years to unravel the poisonous tentacles that have been wrapped around the throat of Hungary.
Lukacs Joszef - Budapest
"The current Fidesz-led coalition was given by the people of Hungary the historic responsibility of drafting the country's first post-communist constitution." This statement is completely incorrect. Fidesz did not mention they would change the constitution. They did it in back rooms, without consultation or referendum. They wrote what they wanted and shoved it down the throats of Hungarians. No compromise, no discussion, coupled with the arrogance that we know best and you little people can't possibly understand anything about this. Listen to how they speak to reporters.
So whether or not you agree to this provision or that one is irrelevant in that the overall tone of the document reflect the views of a few and has once again left the population in fear of their government. Many are hoping the liberal left can bring sense to a political party drunk with power and out of control.
living with it - Hungary
My comments seem to have marks edited out of it and without them, it changes the meaning. When I said liberal left, I was using the term satirically. It's not only the liberal left that doesn't like provisions on the new constitution, it's many from the mainstream centre that are also upset at the liberties taken in the name of a super majority.
living with it
Thank you, Peter, very sincerely. It seems to me that things are on track. We have a comfortable national cohesion now. That has broken the grip of the kleptocrat 'left' that had successfully entrenched itself after 1945, and eagerly sold out the country to foreign interests after 1989. There is no significant opposition to the current government in Hungary. That is why the die-hard ranks of the 'left'/kleptocrats (fully 1-2 per cent of the nation) are unleashing their substantial corporate-media powers and 'useful idiot' reserves (amazingly many, especially in the EU and the US!) against Hungary now.
But then, that, too, is back-firing. The EU has already toned down, suddenly aware that it cannot afford the naked aggressions against Hungary that it has been putting on display lately, for fear of triggering an exodus. And the useful idiots who have been on display have egg on their faces. All that is left to Hungary's enemies now is the setting off of another run on Hungary's currency. And certainly, they have huge competencies in that sector, too.
Whether Hungary leaves the EU will be decided on March 13, when the EU financial ministers meet to vote on the withholding of funds to Hungary that the EC has recommended as punishment for Hungary's 'excessive' budget deficit (never mind that there was no deficit last year, and that only seven member states have lower budget deficits than Hungary's). Given that the deficit the EC is predicting (not for next year, because even Olli Rehn admits there will not be one) is a mere 3.4 per cent, thus only .04 per cent above the allowed 3 per cent, and given deficit sizes such as Britain's (9 per cent) and Ireland's (10 per cent), and given Spain's and Portugal's recent request to the EU that they be allowed to exceed their 5 per cent [sic] deficit limit, it cannot come over even as rational for any EU state's financial minister to vote for Hungary's punishment.
But then, if it turns out that a majority of the financial ministers are also useful idiots (thanks, Lenin, for this term) and they vote for this huge fiscal punishment of Hungary, then it will become clear that Hungary must leave the EU expeditiously. The funny thing will be that if the financial ministers vote against the recommendation, Olli Rehn and its other architects will be horribly humiliated.
Elle Dale - UK
