Zoltán Kovács, Viktor Orbán’s international spokesman in Brussels

Today I will try to squeeze three topics into one post. Two will be short, more like addenda to earlier pieces. The third subject of today’s post is new: the stormy meeting of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) on Hungary.

The Albert Wass Library in Tapolca

As one of our readers pointed out, György Konrád incorrectly said that the János Batsányi Library was renamed after Elemér Vass, a lesser known Hungarian painter, that it was instead named after Albert Wass. The reader was correct. Moreover, what Konrád left out of his brief story at the very end of his interview with Olga Kálmán on “Egyenes beszéd” was that the name change actually took place in 2006. Tapolca’s town council has had a solid Fidesz majority for years. Why the city fathers decided in 2006 that Albert Wass was a more important representative of Hungarian literature than János Batsányi is a mystery to me. Anyone who’s unfamiliar with the works and politics of Albert Wass should read my summary of his activities.

The Gala Event at the Ferenc Liszt Academy

A friend who lives in the United States happens to be in Budapest at the moment. Her family’s apartment is very close to the Ferenc Liszt Academy, so she witnessed the preparations for the arrival of Viktor Orbán at the Academy, where he delivered a speech at the unveiling of the Hungarian “miracle piano.” According to her, there was no parking either on Nagymező utca or on Király utca. The police or, more likely TEK, Orbán’s private bodyguards despite being called the Anti-Terror Center, set up three white tents equipped with magnetic gates, the kind that are used at airports. The distinguished guests had to go through these gates before they could share the same air as Hungary’s great leader. By six o’clock the TEK people, in full gear, had cordoned off a huge area. Hungary’s prime minister is deadly afraid. Earlier prime ministers never had a security contingent like Viktor Orbán has now. I remember that Ferenc Gyurcsány used to jog with scores of other ordinary citizens on Margitsziget (Margaret Island) with two guys running behind him at a distance. Well, today the situation seems to be different.

Hearings of  the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs*

The announced agenda was “The Situation of Human Rights in Hungary,” specifically the pressure the Hungarian government has been putting on nongovernmental organizations and civic groups, especially “Okotárs Alaítvány,” about which we have talked at length. That’s why three civic group leaders were invited from Hungary: Tamás Fricz, founder of the Civil Union Forum; Veronika Móra, director of Ökotárs Alapítvány; and Attila Mong, editor of Atlatszo.hu. In addition, two experts were present: Barbora Cernusakova from Amnesty International and Anne Weber, advisor to Nils Muižnieks, commissioner for human rights of the Council of Europe. The Hungarian government was represented by Zoltán Kovács, international spokesman from the prime minister’s office.

Although the main topic was the Hungarian government’s attack on civic organizations that are critical of the Orbán government, during the two and a half hours speakers addressed other human rights issues as well: media freedom, censorship, homelessness, and even Viktor Orbán’s anti-immigration statements.

The first half hour was spent on procedural wrangling between the European People’s Party members of parliament, including naturally the Fidesz representatives, and the rest of those present. Kinga Gál (Fidesz) presented their grievances. The EPP representatives wanted to invite at least three civic groups close to the Hungarian government, arguing that after all in addition to the two NGO’s critical of the government, Ökotárs and Átlátszó.hu, there were two international organizations (Council of Europe and Amnesty International) represented. They failed to convince the majority, however, and therefore only Tamás Fricz was left to represent the NGO that organized two large pro-government demonstrations in the last few years. Tamás Fricz opted not to attend. I suspect that his declining the invitation in the last minute was part of an overarching strategy to make the hearings totally lopsided. Everybody on one side and only a government spokesman, Zoltán Kovács, on the other. Such a situation could easily discredit the proceedings. However, as it turned out, it was Zoltán Kovács himself who was discredited, though not before the EPP MEPs had walked out of the hearings.

Zoltán Kovács

I will not go into the content of the speeches since the readers of Hungarian Spectrum are only too familiar with the problems that exist in Hungary today as far as human rights issues are concerned. Instead, I would like to concentrate on Zoltán Kovács’s representation of the Hungarian position.

All the participants delivered their speeches in English with the exception of Zoltán Kovács, whose English is actually excellent, but, as he admitted later to György Bolgár, he decided to speak in Hungarian so his words wouldn’t have to be translated. In brief, Kovács’s message was addressed not so much to those present at the meeting but rather to Hungarians at home who could admire his effective defense of their government. The trouble was that what he considered to be simply a vigorous defense turned out to be aggressive and disrespectful. Calling the hearings of an EP committee “the fifth season of a soap opera” did not go over well, to put it mildly, especially since he added that “by now neither the actors nor the script writer knows what means what and what they want to say.” He called the charges against the Hungarian government “half truths or outright lies” and said that the members present were prejudiced against his country.

The reaction was predictable. Many of those who spoke up reacted sharply to Kovács’s speech. They were outraged that Kovács talked about the European Parliament, which “represents 500 million inhabitants of the European Union, in such a manner.” It was at this point that Péter Niedermüller (DK) told Kovács that as a result of his behavior “you yourself became the protagonist of these hearings.” Kovács later complained bitterly that Niedermüller spoke out of order, which in his opinion besmirched the dignity of the European Parliament.

A Dutch MEP inquired whether the Norwegian or the Dutch government, the German chancellor, everybody who ever criticizes the Hungarian government is part of this soap opera. Finally, she announced that she is sick and tired of the so-called “Hungarian debates” which are no more than “dialogues of the deaf.” What is needed is a new, effective mechanism that monitors the affairs of the member states yearly. A Swedish MEP “was beside herself”and warned Kovács to watch his words. “The European Commission, the European Parliament, the Council of Europe, the Venice Commission all say that there are problems with human rights in Hungary. So, then we all lie?” Another MEP called Kovács’s attitude “contemptuous cynicism” and offensive because after all he said that 500 million EU citizens don’t live in a democracy and that the EP commission doesn’t function according to democratic rules. He told Kovács that what’s going on in Hungary at the moment is “the tyranny of the majority.” Kovács was not moved. In his answer he repeated his charges and indicated that as far as the Hungarian government is concerned “the case is closed.”

A few years back Kovács served as government spokesman, but after a while he was replaced by András Giró-Szász. Viktor Orbán remarked on that occasion that “it is time to see some smiles” when the spokesman makes his announcements. The remark was on target. Kovács would resemble Rasputin if he let his very dark beard grow. One has learned not to expect smiles from the man, although on official photos he tries hard. After his removal from his high-profile position he spent some time in the ministry of human resources responsible for, of all things, Roma integration. But last year he was reinstated as “international spokesman.” I don’t know why Zoltán Kovács was considered to be more fit to be a spokesman of the Hungarian government on the international scene than he was at home. His reception in Brussels was not exactly promising.

*Video streaming is now available here:

http://www.europarl.europa.eu/news/en/news-room/content/20150116IPR09871/html/Committee-on-Civil-Liberties-Justice-Home-Affairs-meeting-22-01-2015-0900

The Hungarian government under domestic and foreign pressure

As I’m writing this post thousands are again demonstrating against the government. The crowd gathered in front of the parliament, which one of the organizers called “the puppet show,” and then is heading toward the Castle District, where Viktor Orbán is planning to move. The move will cost an incredible amount of money but, as one of the undersecretaries in the prime minister’s office said, the citizens of Hungary will be really happy once the prime minister moves to quarters befitting his position. Given the mood of these crowds, I very much doubt that that will be the case. The good citizens of Hungary who are out on the street actually wish Orbán not to the Castle District but straight to hell.

The demonstration was organized against corruption but, as usually happens at these mass demonstrations, the crowd went beyond the limited goal of the organizers and demanded the resignation of Viktor Orbán and his government. Fidesz politicians, it seems, have been caught flat-footed. They surely believed that these demonstrations would peter out. Winter is approaching and Christmas will soon be upon us. It was hoped that people would be busy shopping and preparing for family gatherings. But this time they were wrong. Suddenly something inexplicable happened: the totally lethargic Hungarian public was awakened. What happened? After all, the misuse of power and the network of corruption have been features of the Orbán regime ever since 2010 and yet the public was not aroused against its unrelenting abuse of power. Most people knew that Fidesz politicians are corrupt and that they stuff their pockets with money stolen from the public, but they felt powerless to do anything about it.

I see a number of reasons for this change in the Hungarian political atmosphere. I would start with the influence of the book Hungarian Octopus: The Post-Communist Mafia State, edited by Bálint Magyar, in which dozens of political scientists, economists, sociologists, and media experts published articles that presented for the first time a comprehensive picture of the institutionalized corruption which is the hallmark of the Fidesz regime. Fairly quickly the terms “mafia state” and “mafia government” became part of everyday vocabulary, and the government’s dealings came to be understood within the context of The Godfather. The sinister nature of the enterprise was slowly grasped.

A second reason for the optimism and activism was the success of the first two mass demonstrations against the “internet tax.” Viktor Orbán had to retreat. If he retreated once, more demonstrations might force him to reverse earlier decisions. The success of the first demonstrations gave impetus to the others.

Last but not least was the Hungarian government’s own stupidity when it decided to leak the news about American dissatisfaction with the National Tax Authority and the corrupt officials who tried extract kickbacks from at least one American company. Hungarians expected their politicians to be corrupt, but the news that high officials at the Hungarian Tax Authority were also on the take was too much for them. Moreover, they felt that they now have an ally, the United States of America.

According to most observers, U.S.-Hungarian relations are at their lowest point since the post-1956 period. U.S. policy toward Hungary seems to me at least to be finely calibrated. At the beginning we were told about the six unnamed people who were barred from entering the United States. A few days later we learned that the president of the Tax Authority was definitely on the list. A few more days and we were told that the president is not the only person on the list, there are a couple more. Another week went by and André Goodfriend, U.S. chargé d’affaires, indicated that there might be more Hungarians who would face the same fate as the six already on the list. Another few days and we learned from the American chargé that he had given the Hungarian government all the information necessary for investigating the cases. And it was not the “useless scrap of paper” Viktor Orbán pointed to. In plain language, we found out once again that the Hungarian government lies. And yesterday we learned from an interview with Goodfriend that the sin of Tax Office Chief Ildikó Vida goes beyond not investigating obvious corruption cases within her office; she herself was an active participant in the corruption scheme at her office. Of course, Vida is outraged, but she cannot do more than write an open letter to Goodfriend claiming innocence. As time goes by the Hungarian government is increasingly embroiled in a web of lies and Orbán’s regime comes to resemble ever more closely the government of a third-rate banana republic.

The good old days: George W. Bush in Budapest, June 22, 2006

While the State Department is using the corruption cases as a club, Senator John McCain is pursuing his own individual crusade. The senator, who is no friend of Putin, has been keeping an eye on Viktor Orbán’s illiberal state and found it to be troubling. What we saw two days ago was his frustration that Hungary will again have a political appointee as an ambassador. As he emphasized over and over, Hungary is a very important country that deserves a professional diplomat. His outburst about Orbán as a “neo-fascist dictator” was a bit strong, although Orbán’s system does have features in common with some of the fascist regimes of the past. But the Hungarian charge that McCain is ignorant of the Hungarian political situation is entirely baseless. Once he calmed down, he put it into writing what he finds objectionable about Orbán’s illiberal state. At the time of the release of his statement on Hungary he wrote a brief tweet saying, “Deeply concerned by PM Orban eroding democracy, rule of law, civil society & free press in Hungary.”

Below I republish Senator McCain’s statement on Hungary because I find it important and because it proves that, regardless of what the Hungarian government says, McCain (undoubtedly with the help of his staff) knows what he is talking about.

Since Prime Minister Viktor Orban came to power in 2010, antidemocratic constitutional changes have been enacted, the independence of Hungary’s courts have been restricted, nongovernmental organizations raided and civil society prosecuted, the freedom of the press curtailed, and much more. These actions threaten the principles of institutional independence and checks and balances that are the hallmark of democratic governance and have left me deeply concerned about the erosion of democratic norms in Hungary.

These concerns are shared by many. A ruling by the Venice Commission in 2013 found that Prime Minister Orban’s constitutional changes threaten democracy and rule of law in Hungary, stating that the amendments ‘contradict principles of the Fundamental Law and European standards,’ and ‘leads to a risk that it may negatively affect all three pillars of the Council of Europe: the separation of powers as an essential tenet of democracy, the protection of human rights and the rule of law.’

The Organization for Security and Cooperation in Europe (OSCE) and the Committee to Protect Journalists have condemned Hungary’s media laws, saying that they create a climate of fear and media self-censorship, even after critical changes were made to account for previous complaints from the European Commission. ‘The changes to the Hungarian media law only add to the existing concerns over the curbing of critical or differing views in the country,’ said Dunja Mijatovic, OSCE’s representative on Freedom of the Media.

The European Central Bank has repeatedly warned that Prime Minister Orban’s government is encroaching on the independence of its central bank, calling for him to respect the independence of monetary policymakers and condemning attempts by the government to threaten central bankers with dismissal if they oppose government policy.

And just last month, six Hungarians were banned from entering the United States over alleged corruption. U.S. Chargé d’Affaires André Goodfriend reportedly called the ban a warning to reverse policies that threaten democratic values, citing ‘negative disappointing trends’ in Hungary and a ‘weakening of rule of law, attacks on civil society, [and] a lack of transparency.’

Democracy without respect for rule of law, separation of powers, and the protection of economic, civil, and religious liberties is not only inadequate, it is dangerous. It brings with it the erosion of liberty, the abuse of power, ethnic divisions, and economic restrictions – all of which we have witnessed in Hungary since Prime Minister Orban took power. Prime Minister Orban has justified his actions by calling for a new state model based on ‘illiberal democracy,’ but his vision defies the core values of the European Union and NATO. These alliances are founded not only on the principle of democracy, but also rule of law and the protection of individual liberty and fundamental freedoms. All members must remain committed to these values.

Meanwhile both Hungarian and foreign newspapers are full of stories about the demonstrations and about McCain’s characterization of Orbán as a “neo-fascist dictator.” As the Hungarian prime minister continues to come under attack, both from within and from without, it’s unclear how he will fight back and how effective his counterattack will be. If the proposed Sunday store closings are any indication of the government’s new game plan, the counterattack will be a colossal failure.

How can the American black locust become a “Hungaricum”? Just ask Fidesz

Way back in  2008 the decision was made that the European Commission should take over the fight against alien invasive species in the territories of the Union. Although zoologists and biologists of the member countries had urged their governments to act, little progress had been made. Finally, it was decided that the problem must be handled centrally.

Years have gone by, but then we know that the EU’s bureaucracy is not known for its speedy resolution of issues. The bill was presented to the European Parliament only in September 2013, and it was in January of this year that the European Parliament discussed the matter. It turned out that at the urging of Hungarian scientists the European Union was planning to put the Robinia pseudoacacia, known in Hungary as white acacia, on the alien invasive species list. The plan is not to eradicate the acacia tree–that would be an impossibility–but rather to check its spread.

This particular variety of acacia tree is native to the United States. Interestingly, it  is called the black locust in this country. Black locust trees can be found in the Appalachian Mountain regions of Pennsylvania and Ohio in addition to some areas farther west in Oklahoma and Arkansas. It is considered to be an invasive species here as well, and its control is regulated. American scientists admit that “control of black locust is difficult and no technique has been identified as entirely effective.”  The most cost-effective method is prevention.  Hungarian scientists are of the same opinion, and since 2009 the white acacia has been on the Hungarian list of alien invasive species. The Hungarian decision was made at that time without any pressure from the outside. Yet in the last few months the Orbán government has fought tooth and nail against the inclusion of the acacia on the EU’s list of undesirable species.

The hysteria about the fate of the acacia was initiated by Béla Glattfelder, a Fidesz member of the EP, who rose in the European Parliament during the debate of the bill to protest the “attack” on the acacia tree, which is considered to be an important agricultural asset for Hungary. After all, half of all acacia trees in the European Union can be found in Hungary and the tree is an important source of income for tens of thousands of people, especially beekeepers and owners of private forests. He emphasized that honey made out of the flowers of the acacia is a true “Hungaricum.” In addition, acacia wood is a valuable building material.

As soon as he got wind of what was under foot, he alerted owners of acacia forests and beekeepers, who formed an alliance to “combat the domestic and foreign endeavors to limit the spread of the acacia.” The coalition under Glattfelder’s guidance started lobbying to have both the acacia tree and acacia honey be declared  “Hungaricums.”

Glattfelder is an old Fidesz hand. He was a member of the Hungarian parliament between 1990 and 2004. In 2000 he also became undersecretary in the ministry of economics, dealing mostly with agricultural matters. Since 2004 he has been a member of the Fidesz delegation to the European Union. His name does not, however, appear among those who might represent Fidesz after the 2014 EP election. So this may be Glattfelder’s last hurrah in Brussels.

After Glattfelder sounded the alarm, the Hungarian ministry of agriculture moved into action. The ministry made it clear that the Hungarian government will fight the impending legislation. It is as outlandish to eliminate the acacia tree as it would be to forbid the growth of corn. As if anyone planned the eradication of the acacia tree.

The hysteria spread far and wide, with assistance coming from Glattfelder and Sándor Fazekas, minister of agriculture. Headlines like these have appeared in the last three or four months: “What will happen to the acacia? Will the Union destroy it?” Or “Hungarian honey and acacia forests are in danger!”

By the end of February the Hungarian Academy of Science’s Ecological Institute felt that it was time to enlighten the Hungarian public on the true state of affairs. The scientists pointed out that the information that had appeared in the Hungarian media was “based on the most outrageous misconceptions and false allegations.” The institute tried to set the record straight but, as we will see later, not with great success.

The acacia forests are not endangered. On the contrary, acacia trees grow on 463,000 hectares, about a third of all Hungarian forests. Since 1990 the area with acacia trees has grown by 150,000 hectares and it is still growing. The real problem is that acacia trees are all over, along country roads, sometimes very close to areas under ecological protection. They spread rapidly. There are places where they managed to eradicate native flowers, even animals. The scientists specifically mention Echinops ruthenicus (szamárkenyér), about whose blue flowers Sándor Petőfi wrote lovingly in 1844. Because of the acacia they are now practically nonexistent. According to the scientists, 200,000 hectares are currently threatened by “the acacia invasion.” What they would like to prevent is the tree’s spread into this 200,000 hectare area.

Of course, the scientists didn’t manage to counteract the hysteria created by Fidesz and the Hungarian government. On March 12 Sándor Fazekas held a forum in Kunhegyes close to the area where there is perhaps the largest concentration of acacia trees in Hungary. Here he indignantly stated that the Union has no right whatsoever to tell Hungarians what kinds of trees they can grow in their own country. In his opinion, the acacia tree is a “Hungaricum” whose spread should be encouraged.

A day after, on March 13,  Hungary using a legal loophole vetoed the draft bill in the Council of Europe. It was a compromise bill that had already been accepted in the European Parliament. That bill didn’t mention the acacia or any other offending species. But Hungary refused to sign it because they didn’t receive a 100% guarantee that acacia would not be on the list.

For a while it looked as if Hungary had managed to avert “the danger” to the would-be Hungaricum. The Hungarian government was elated, but then came the letdown. A week after the veto the Council of Europe passed the draft bill. Mind you, the fate of the acacia is still not clear. No explicit guarantee came from Janez Potocnik, the commissioner responsible for environmental issues, but the Hungarian government hopes that its lobbying was not in vain. The final bill will be voted on only in the fall of 2015.

Meanwhile we are being told that the American black locust will be a Hungaricum.

Monitoring versus “close scrutiny” of Hungary in PACE

There is a recent event I didn’t comment on: the decision of the Council of Europe Parliamentary Assembly (PACE) not to place Hungary under official monitoring. Instead it promised “to follow closely the Hungarian developments.” The provisional version of the resolution can be read on the official website of the Council of Europe (CoE).

Magnifying glass – http://www.clkrt.com

A couple of days ago Mátyás Eörsi, a former member of PACE, wrote an analysis for Galamus entitled “The Anatomy of a Vote.” Eörsi became a member of PACE in 1994 and eventually came to be the leader of The Alliance of Liberals and Democrats for Europe (ALDE) group. In March 2009 the Hungarian government nominated him for the position of Secretary General of the Council of Europe. He knows the workings of the Council of Europe inside out.

According to Eörsi, who still has many friends in PACE, the attitude of the European People Party’s members of PACE is more forgiving toward Fidesz than is that of the members of the EPP caucus in the European Parliament. One reason is that PACE holds full assemblies only four times a year, a week at a time. Thus, these members didn’t have the opportunity to acquaint themselves with the behavior of Viktor Orbán’s government as thoroughly as the Christian Democratic members of the European Parliament did. The Conservatives (British, Russian, and Turkish) also stood by Fidesz. That the members of Putin’s party supported the Hungarian government’s case is perfectly understandable. After all, Viktor Orbán’s governing style is often compared to Putin’s. As for Tayyip Erdoğan, perhaps Zsolt Németh’s praise of Erdoğan and Turkish democracy makes more sense after the PACE vote. It may have been a gesture that was intended to be repaid by Turkish votes in the Council of Europe.

In the end, the whole Russian delegation, Ukraine, Georgia, Azerbaijan, Armenia, and practically all other countries in East-Central Europe voted against monitoring. Since most of the countries are already under monitoring themselves, they had no desire to add Hungary to the list. In fact, what they would like to do is to abolish the whole system of  monitoring.

There were 22 amendments to the original resolution, most of which were designed to weaken it. The majority were submitted by Fidesz members. As soon as voting in the assembly began, pro-Fidesz votes poured in. According to Eörsi, the running tally was something like 170:80. But then something happened. Half way through the voting  the pattern changed radically. How could that have been possible, Eörsi asks.

We are all familiar with the parliamentary practice of voting strictly along party lines. The whip calls the shots and the members of the caucus listen to the instructions. This is also how the European Parliament functions, but in PACE the situation is somewhat different. PACE members usually vote according to the suggestions of the particular committee that prepared the proposal. In this case, the Monitoring Committee. Eörsi found out what happened in committee. At the beginning of the committee meeting the whole EPP contingent was present while a couple of socialist members were late. The first amendments were therefore voted in by the EPP majority. But then the missing socialist members arrived and suddenly there was a socialist majority. The second half of the amendments was voted down. Then came the final vote and a socialist member, the British John Prescott, earlier deputy of Tony Blair, forgot to raise his hand. The EPP members voted the proposal down.

If Eörsi’s information is correct, one can see how decisions can be reached due to happenstance. One person being late and another  forgetting to raise his hand. This particular vote is a relatively small setback for those who would have liked to see Hungary placed under monitoring, but it still counts as a victory for Viktor Orbán and Fidesz. One can take only slight comfort in looking through the list of supporters and saying that Viktor Orbán cannot be very proud of the company he found himself in. Then again….

I understand that the Hungarian government as well as the Fidesz members of PACE did extensive lobbying to avoid monitoring by the Council of Europe. It is hard to tell how effective this lobbying was, especially if Eörsi is right and voting by the members of PACE tends to follow specific committee recommendations. Of course, this wouldn’t be applicable to those countries whose members unanimously rejected the resolution, like Russia, Azerbaijan, Turkey, Ukraine, etc. They supported the Orbán government because of their own political interests.

More important than the PACE vote will be the fate of the Tavares report in the European Parliament. The vote will take place in Strasbourg on July 2. Viktor Orbán will be there to argue his case. We will see how persuasive he is.

Report of the Venice Commission on the Hungarian Constitution: End of the dance of the peacock?

On March 12 the Hungarian parliament, despite protestations,  passed the fourth amendment to the less than one-year-old Hungarian constitution. The amendment itself was fifteen pages long and incorporated all the objectionable laws that had earlier been part of the temporary provisions. By incorporating them into the constitution proper, the Hungarian government through its super-majority in parliament prevented the Constitutional Court from studying their constitutionality. Earlier the Constitutional Court had found some of these provisions unconstitutional.

When the Hungarian parliament was considering passage of the fourth amendment, prominent EU politicians such as Thorbjørn Jagland, secretary general of the Council of Europe, and José Manuel Barroso, president of the European Commission, asked them not to move ahead. Angela Merkel personally warned János Áder, who happened to be on a state visit in Berlin, of the possible serious consequences if he signs this amendment to the constitution into law. Yet Áder went ahead and in a speech to the nation tried to justify his action by claiming that he had no other choice. His hands were tied by law. Some people, including former President László Sólyom, earlier chief justice of the Hungarian Constitutional Court, thought otherwise.

Viktor Orbán himself dismissed the criticism that the changes his government had made to the constitution were anti-democratic. “Who is able to present even one single point of evidence, facts may I say, that would be the basis for any argument that what we are doing is against democracy? Just one concrete step,” he told reporters ahead of a summit of  EU leaders in Brussels.

Well, it seems that the five constitutional scholars who were in charge of examining the provisions of the fourth amendment had plenty of evidence to prove that it is “against democracy.” I doubt that Viktor Orbán is as cocky today, after the Venice Commission’s report was mistakenly uploaded to its website ahead of schedule, as he was a day or two after the storm in mid-March. Apparently he told the Fidesz-KDNP parliamentary delegation at that time that “the more they attack us the better.” This time around it seems that these “attacks” will indeed have very serious consequences. Every European organization that is involved with the Hungarian constitutional crisis–the Council of Europe, the European Parliament, and the European Commission–had been waiting for word from the Venice Commission.

The handwriting was already on the wall in mid-April when the members of the Venice Commission visited Budapest and were handed a fifty-page reply to their criticisms. Róbert Répássy, undersecretary in the Ministry of Administration and Justice, sensed that “the members of the Venice Commission had already made up their minds.” I’m sure they had. After all, these five legal scholars had been studying the new Hungarian constitution as well as its amendments for over a year.

At this point, János Martonyi, most likely on instruction from above, asked three conservative legal scholars to take a look at the constitution and its amendments. The government was hoping for an endorsement of its position, but even their report, which arrived in early May, was not an unequivocal seal of approval.

I have only the summary of the report that  Népszava published last night. The original is 34 pages long and is apparently a complete condemnation of the Hungarian constitution as it now stands. (The report was taken off the site once the timing error was discovered.) The members of the Commission (the Austrian Christoph Grabenwarter, the German Wolfgang Hoffmann-Riem, the Polish Hanna Suchocka, the Finnish Kaarlo Tuori, and the Belgian Jan Velaers) consider the fourth amendment no more than a “political declaration” that “aims at the perpetuation of the political power of the current government.” The document itself has seven chapters and the objections are summarized in 155 points. Without trying to go into details on the basis of a summary, I’ll skip straight to the Commission’s final verdict. The Commission, unlike in other cases, doesn’t even bother to make suggestions that would perhaps remedy some of their objections. Rather, they indicate that the whole thing is unacceptable. It has to be abrogated. Thrown out.

The limits imposed on the Constitutional Court “have a negative influence on the Council of Europe’s three fundamental pillars: the separation of powers, the defense of human rights, and the rule of law…. The Hungarian constitution cannot be a political instrument…. The fourth amendment perpetuates the problems of the judiciary independence, severely undermines the possibilities of constitutional scrutiny, and endangers the constitutional system of checks and balances.”

Even Gergely Gulyás, Fidesz’s young star and expert on the constitution, admitted that this was a much worse outcome than he himself had anticipated. Naturally, he pointed out all the alleged inaccuracies and wrong interpretations, but I had the impression listening to his interview this afternoon that even he realizes that the Hungarian government doesn’t have a leg to stand on. The government will answer, but I doubt that they are too sanguine about being able to change the mind of the Venice Commission.

And a lot depends on the opinion of the Venice Commission. In the Council of Europe, the members have been waiting for the opinion of the legal experts before they hold a vote on imposing a monitoring procedure against Hungary. The European Parliament will soon vote on the LIBE recommendations.  The Venice Commission’s opinion might sway some members who hitherto have been undecided on the merits of Rui Tavares’s report. And there is the European Commission, whose decision on a new infringement procedure as a result of the fourth amendment has been in limbo, pending word from the Venice Commission. And finally, the legal opinion on the Hungarian political situation as embodied in the new Orbán constitution might tip the scale against Fidesz in the European People’s Party where until now the majority supported Viktor Orbán. After the release of this document it will be difficult if not impossible to stand by a man who uses his power for the perpetuation of his own rule while trampling on the most sacred tenets of democracy.

Viktor Orbán most likely knew a couple of months ago that this is what would happen. He said in one of his speeches that a new attack is under way and that by June Hungary will be the target of an international assault. I guess he has been preparing for the battle. But this battle will be very difficult to win. His opponents are numerous and strong. And the god of democracy is on their side.

Europe fights back: Viktor Orbán may be in real trouble this time

When on April 9 I wrote about the verbal duel between Tibor Navracsics, Hungarian minister in charge of administration and justice, and Viviane Reding, EU vice-president and commissioner responsible for justice, fundamental rights, and citizenship, I should have known that this would not be the end of the story. Members of the current Hungarian government don’t have much sense about when to stop. Just as they doggedly pursued their domestic opponents and used all sorts of unacceptable methods to destroy them, they are employing exactly the same methods on the international scene: personal insults, insinuations, blackmail, lies, half-truths, and the practice of “divide and rule.” The Fidesz government’s strategy worked well at home. Just think of the trade unions and the student associations. So why not try it with the European Commission? Perhaps setting José Manuel Barroso against his vice president, Vivien Reding, both members of the European People’s Party, would bear fruit as well.

First, Navracsics questioned the integrity and impartiality of Reding. Then he said that she was not qualified. A day later Magyar Nemzet came out with a new theory. Next year there will be a new European parliamentary election and perhaps a new president of the European Commission. Reding has a chance to replace Barroso, but in order to be elected she will need the help of the European liberals and socialists. That’s why she is so tough on Hungary. It’s a career move, according to Magyar Nemzet.

On April 10 an op/ed piece by Tibor Navracsics appeared in the European Voice. Up until then these distasteful and totally counterproductive exchanges had appeared only in the Hungarian media. But now they were spread far and wide via an English-language weekly dealing with the politics of the European Union. Navracsics leveled the same accusations against Reding in the European Voice as he had in the Hungarian media. He questioned her neutrality and predicted that any decision about Hungary in Brussels will not be fair. It will be a “purely political decision.” Moreover, Navracsics challenged Reding’s authority “to question the right of a democratically elected government majority to change its own constitution.” If we take this last sentence literally, we must conclude that the Hungarian government categorically refuses to abide by the laws of the European Union. But in this case why do they bother about the Venice Commission of the Council of Europe? After all, it was Foreign Minister János Martonyi who asked the Commission to render a legal opinion on the most recent amendments to the new Hungarian constitution.

Following Navracsics’s lead, Magyar Nemzet inquired “in whose name Reding speaks.” Surely, the implication is that whatever this woman is saying cannot possibly be the opinion of the European Commission. The answer came swiftly after the appearance of Navracsics’s article in the European Voice. Newspapers rushed to Pia-Ahrendkilde Hansen, spokeswoman for the European Commission, to ask her what the real situation was. They were told in no uncertain terms that “President Barroso and Vice President Reding are in complete agreement” over the amendments to the Hungarian Constitution. So that old trick didn’t work.

But the wheels of the Hungarian campaign to discredit Viviane Reding were already in motion. The decision was apparently made that next Tuesday the government will use its very large parliamentary majority to pass a resolution condemning Viviane Reding for her statement about the Tobin case, which involved a car accident that resulted in the death of two children in Hungary a few years back. As I mentioned in my earlier post, Francis Tobin returned to Ireland and refused to go back to Hungary to serve his sentence in a Hungarian jail and the Irish Supreme Court backed him by refusing his extradition. On this occasion, Reding in an interview with the Frankfurter Allgemeine Zeitung said: “I’m personally not surprised [about the decision] because lately Hungary has enacted a number of  laws that cast doubt as to the independence of the Hungarian judiciary.” Although the Tobin case will be discussed in parliament on Tuesday, details on the planned resolution are still not available. Perhaps they never will be. The government may decide that passing such a resolution against Vice President Reding a day before the Hungarian question is discussed in the European Parliament might be counterproductive.

Barroso, in order to make clear that he backs Reding 100%, decided to write another letter to Orbán. In the letter Barroso reiterated that the Commission has serious concerns over the compatibility of the Fourth Amendment to the Hungarian Constitution with Union laws and with the principle of the rule of law in general. Barroso also indicated that once the ongoing legal analysis is carried out by the Commission, it will have “to take the necessary steps in order to start infringement procedures where relevant. I strongly appeal to you and to your government to address these concerns and to tackle them in a determined and unambiguous way.”

Orbán immediately answered Barroso‘s letter and assured Barroso that Hungary is committed to European norms and pledged full cooperation with Brussels. “I will certainly pay full attention to the points you raised and I should like to inform you that I have already initiated the necessary legislative steps to follow them up.” The same meaningless stuff Orbán reiterates every time he is trouble only to renege on it at the earliest opportunity. Navracsics weighed in later, saying that one doesn’t have to take Barroso’s letter very seriously; it’s simply an empty threat.

Meanwhile a six-member delegation arrived in Budapest from the Venice Commission. The members of the Commission are internationally renowned legal scholars. The Venice Commission already tackled the problems of the original constitution. Some of the criticized sections were very reluctantly rewritten by the Hungarians, but now the Venice Commission is confronted with an entirely different document that most experts consider to be unacceptable for a member country of the European Union.

Again, it was Magyar Nemzet that learned from government sources that the Venice Commission will meet József Szájer (Fidesz EP member and allegedly the author of the original new Fidesz constitution), Róbert Répássy, and Bence Rétvári (both undersecretaries in the Ministry of Administration and Justice). The members of the Commission also wanted to talk to the party leaders of the opposition parties represented in the Hungarian parliament. Attila Mesterházy insisted that other opposition parties–DK, LMP, and Együtt 2014-PM–also be present.

The meeting with the government officials took place in the morning and by noon it was all over. Clearly, the talks didn’t go well. Répássy announced that “the members of the delegation showed partiality”; “they arrived with preconceptions.” The government had a 50-page defense of the constitutional changes but “one could hear from members that they will read it but it is unlikely that they will change their minds.” Considering their very careful  prior analysis of the text, I don’t know what the Hungarian government expected.

In the afternoon the members of the Commission met with the opposition forces. According to Attila Mesterházy, the visitors seemed to be extremely well informed but they mostly listened. I’m sure that the members of the Commission didn’t hear anything from the opposition leaders that they didn’t already know.

Maybe Viktor Orbán is wise not to attend the session of the European Parliament.
Here he is after his last debate in the European Parliament. / Reuters Vincent Kessler

A few days ago Orbán was still not sure whether he should attend the European Parliament’s Wednesday session on Hungary. By now the decision has been made. He will not. Instead he will attend the funeral of Margaret Thatcher on April 17. Looking through the list of  invitees I could find no non-British Commonwealth prime ministers on the list. For the most part countries will be represented by their ambassadors to the Court of St James’s. But I guess he had to come up with some “obligation” to justify his absence from the European Parliament.

He is, however, supposed to attend the meeting of the European People’s Party parliamentary caucus the day before, on April 16th. Even here we may find that Orbán has another urgent meeting somewhere else on the globe because if the information coming from Dubrovnik, Croatia is correct, support of the EPP caucus for Orbán and Fidesz has evaporated.

Here are the details. Currently, the EPP caucus is holding a meeting in Dubrovnik. No Fidesz EP member was in attendance. As it turned out, the caucus made a critical decision about Fidesz during a dinner meeting last night. A reporter from Új Magyar Szó, a Hungarian-language newspaper in Romania, learned from anonymous sources present at the meeting that EPP decided to give the Hungarian government party one week to accept the resolutions of the European Union. If it does not, Fidesz will be removed from the EPP caucus. Apparently the decision was made by an important trio: Joseph Daul, the leader of the caucus, Viviane Reding, and Antonio López-Istúriz White, secretary-general of EPP.

Poor Orbán. First it was all those foreign capitalists and speculators who conspired against Hungary. Then the left-wingers and their international allies went on the attack. And now Orbán’s own conservative EU caucus is threatening him. The noose is tightening.

In the opinion of many, Hungary is no longer a democracy

If Viktor Orbán were as talented at governing as he is at political maneuvering he would be an excellent prime minister. But his brain power is spent on devising devious traps for his opponents whose imagination can’t possibly measure up to his, with his bag full of tricks. Dirty tricks, dishonest tricks, shameful tricks. Fortunately there are not too many people on this earth who can surpass his moral turpitude. He is a man who thinks that in politics anything goes. I don’t blame the political opposition for being duped by him once again.

So, what happened? The head of the press department of the Prime Minister’s Office said that Viktor Orbán would deliver a speech before the day’s parliamentary agenda. The announced title of the speech was “Magyarország nem hagyja magát!” (Hungary doesn’t give in!). Considering that the vote on the amendments to the constitution was scheduled for today, everybody assumed that the prime minister would talk about his government’s decision to go ahead with the scheduled vote despite requests from Brussels and Strasbourg to postpone it. The title of the speech certainly suggested as much.

MSZP had already decided to boycott today’s session. Their empty seats were decorated with huge exclamation points. Only their leading spokesman for the day, József Tóbiás, was in the chamber ready to deliver his answer to Orbán’s speech. Then came the surprise. The speech was not about the constitution and about the request of the Council of Europe and the European Commission to postpone the vote. It was about a recent court decision that allowed utility companies to pass on to their customers the added expenses that they have to endure because of extra taxes mandated by the government.

He was most indignant. He said that he can “hardly find words fit for polite society” to describe what he thinks of the Hungarian judiciary. The decision rendered is “scandalous.” And he went on and on about the poor Hungarian people who pay too much for utilities and about those foreign companies that earned very handsome profits in the past. He asked all Hungarians “to raise their voices so these companies would realize that they are facing not only the government but the whole nation.” Among other adjectives, he used “impudent” (arcátlan, a favorite word of Fidesz politicians) in connection with the courts. Ferenc Gyurcsány rightly considered Orbán’s attack on the courts “a very serious and unacceptable violation of judicial independence.” For good measure he added that “it is not the courts that are impudent but Viktor Orbán, who doesn’t seem to understand the very basis of democracy.”

József Tóbiás, after a few sentences in which he complained that the prime minister had nothing to say about the most important issue at hand–the amendments to the constitution, surrendered his right to speak and left the chamber.

The Hungarian prime minister could thus demonstrate to the electorate that he is their advocate, battling with the utility companies and the courts that are supporting these awful capitalists, while the MSZP delegates didn’t even bother to show up. What kind of mind can come up with such a scenario? Moreover, even if he achieved his immediate goal he also demonstrated that the fears of the European Union and the Council of Europe are not without foundation. Today the Hungarian prime minister again proved that the country he transformed over the last three years is no longer a democracy. A woman member of parliament cried out during the speech: “Dictator!” while four members of DK held up a banner that read: “Önkényuralom,” a synomym of “Dictatorship!” I think it was a high price to pay for a fleeting moment of victory.

DK’s banner that reads “Dictatorship” / Photo Simon Móricz, Népszabadság

Shortly after 5:00 p.m. the amendments were passed. There were only 309 members of parliament present. 265 voted for the amendments, 11 against, and 33 abstained. Most of the Jobbik MPs abstained, but Mrs. Loránt Hegedűs, Péter Schön, and Tamás Sneider said no. The Schiffer wing of the former LMP was there and voted against the bill. So did Katalin Szili, formerly MSZP but now an independent. The Jávor wing of LMP refused to participate in the charade and so did members of DK in addition to the MSZP delegation.

The opposition’s last hope is President János Áder, who is in Berlin at the moment. According to former president and chief justice of the Constitutional Court László Sólyom, in his legal interpretation the president is empowered to veto the bill. Sólyom wrote an article on the subject that appeared in Népszabadság. What an irony, this man who was Fidesz’s choice to become president and who never hid his disdain for the socialists and his support of Fidesz today is able to publish an article only in Népszabadság. I might add that there are a couple of very critical opinion pieces in right-of-center publications like Heti Válasz and Mandiner. Tomorrow I’ll concentrate on Sólyom’s arguments and the writings of these right-wing critics.

Meanwhile, more and more people are expressing their concern about the amended constitution. They point out that the changes are so fundamental and extensive that the original document is unrecognizable. Journalists are calling this new document “Constitution 2.0.” José Manuel Barroso again expressed his worries and so did Herman Van Rompuy, Thorbjørn Jagland, Hannes Swoboda, Martin Schulz (president of the European Parliament), and many others.

There has been only one official Hungarian response to all this. Hungarian Foreign Minister János Martonyi announced that “Hungary is open to dialogue with anyone on the subject and Hungary will ask the opinion of the Venice Commission on this newly amended document.”

And finally, here is the letter Barroso wrote to Orbán on Friday. It didn’t do any good.