Hungria: O Estado de Direito em Crise?

• Autor(a) principal: Duarte, Mariana Carmo
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: https://doi.org/10.33167/2184-2078.RPCP2018.9/pp.13-30
• topic: balance of power; Democracy; fundamental rights; Hungary; Rule of Law

Between 2010 and 2011, the Fidesz-KDNP government carried out a number of legal, social and political reforms, including voting in a new constitution. Through analysis of this new constitution and amendments made to its predecessor, this article aims to understand the influence of the recent changes to the Hungarian constitutional framework with regard to the country’s rule of law. Based on the theoretical definition of the rule of law, it can be argued that principles such as balance of power, constitutionality of laws, legality of administration, and independence of the judiciary and the media have been undermined in Hungary. Personal dignity, freedom, justice and security have also been undermined. As a result of these decisions, the number of voices critical of Orbán’s government has grown. Among their numbers stands the European Union, which sees Hungary as the first Member State to deviate from the union’s democratic values