Fleck, Zoltán, Nóra Chronowski, and Petra Bárd. “The Crisis of the Rule of Law, Democracy and Fundamental Rights in Hungary.” MTA LAW WORKING PAPERS 2022, no. 4 (2022): 1-23.
Abstract
The EU is harboring a Member State which, through a method of abusive constitutionalism, is not a constitutional democracy anymore. Systemic violations of the Rule of Law are part of its governance, to the detriment of democracy and the well-being of its citizens. Crucially, this Member State could not join the EU, was it to apply today. This reality has dire consequences not only for the well-being of Hungarian citizens, but also for the entire European project. Accordingly, reinforcing existing constitutional principles within the EU, as well as formulating new ones, is paramount: i.e. to be able to respond effectively to Rule of Law violations and improve EU’s enforcement.
