March 31 2020 Democracy Falls in Hungary

     As the pandemic disrupts and destabilizes the global order, eager would-be tyrants seize the chance to amass and consolidate power against the forces of democracy pulling structures and systems in the other direction.

    Hungary’s Viktor Orban is among the most venal and odious of democracy’s foes, having already established Hungary as a fascist state which lionizes Nazis and provides a secure base of operations and launchpad for the reconquest of Europe by the Fourth Reich.

    Yesterday he seized totalitarian powers as well, making Hungary the first nation to surrender liberty to the fear with which the pandemic has gripped the world.

     As described in The Washington Post; “A decade under the nation’s illiberal nationalist prime minister, Viktor Orban, has corroded the state’s checks and balances, cowed the judiciary, enfeebled civil society and the free press, and reconfigured electoral politics to the advantage of Orban’s ruling Fidesz party. So, when the coronavirus pandemic hit, Budapest’s ailing democracy proved all too vulnerable.

     On Monday, Hungary’s parliament passed a controversial bill that gave Orban sweeping emergency powers for an indefinite period of time. Parliament is closed, future elections were called off, existing laws can be suspended and the prime minister is now entitled to rule by decree. Opposition lawmakers had tried to set a time limit on the legislation but failed. Orban’s commanding two-thirds parliamentary majority made his new powers a fait accompli.”

     In the words of Dalibor Rohac; “COVID-19 is about to claim a new victim: Hungary’s democracy.

     The country’s parliament is set to adopt a new law that will give the government of Prime Minister Viktor Orban a legal mandate to rule by decree, without any sunset clause and without parliamentary oversight. The government initially sought to fast-track the legislation and adopt it already on March 24, but it lacked the supermajority needed to accelerate the proceedings. The party, however, does not lack the votes to ensure that the legislation is passed through the normal legislative process a few days later.

The brazenness of Orban’s power grab is without any parallel in recent European history.

     Like Hungary, other European countries have declared a state of emergency and are resorting to draconian measures. They include shutting down air travel, closing borders, restricting personal freedom and even nationalizing sectors of the economy. While all European governments need flexibility in order to respond to the lethal pandemic in real time, any new powers they acquire are subject to parliamentary review and are planned to remain in effect only for limited periods.

Similarly, the Hungarian constitution allows the government to maintain a state of emergency (in place since March 11) only for an initial period of 15 days, after which it must seek parliamentary approval.

     Yet instead of asking parliament for an extension for a fixed period, to be followed by another round of parliamentary deliberation if necessary, the new Hungarian legislation would ensure that the state of emergency remains in force as long as the government deems necessary, while normal parliamentary oversight is suspended. Throughout that time, the government would be free to legislate by decree. No snap elections or referendums could be held, and even the rules of procedure of the country’s Constitutional Court could be altered by its president.

     The proposed legislation also creates two new crimes. Interfering with the quarantine would lead to a prison sentence of up to five years (eight if anyone dies as a result). More strikingly, to “claim or spread a falsehood or claim or spread a distorted truth in relation to the emergency in a way that is suitable for alarming or agitating a large group of people” would be punishable by up to three years of imprisonment (Section 10 of the law). A government-run news outlet has already called for the prosecution of opposition politicians under the new statute — simply for pointing out the lack of readiness of the country’s public health system.

     Everyone should think twice before giving Orban the benefit of the doubt. His decade-long premiership has been marked by a continual assault on any constraints on his power — whether by courts, civil society or the media. Hungary’s previous moves toward authoritarianism were disguised as a necessary reaction to outside threats: foreign corporate interests during the financial crisis, “cosmopolitan elites” during the refugee crisis of 2016, or, whenever the occasion demands, the philanthropist George Soros (a staple of Orban’s nativist playbook).

     True to his past, Orban did not hesitate to connect the virus to migration: “We are fighting a two-front war. One front is called migration, and the other one belongs to the coronavirus. There is a logical connection between the two, as both spread with movement.”

     Indeed, the first patient with covid-19 in Hungary appears to be an Iranian student. The government responded by imposing a travel ban on Iran (among other countries) and expelling 15 Iranian students. Yet, the 2,500-strong Iranian student population in Hungary is not a result of uncontrolled immigration imposed from Brussels but of Orban’s conscious policy choices, especially the gradual warming of Hungarian-Iranian and Hungarian-Syrian relations, visible also in the lenient treatment of wealthy Syrians applying for residency in Hungary.

     Hungary’s new Law on Protecting Against the Coronavirus demonstrates that Orban will never let a serious crisis go to waste in the quest to entrench himself as prime minister for life. As of now, there are few reasons to believe that his wager will fail, as the combination of nativism and fear of a deadly yet invisible threat makes for a potent political mix. Unless there is strong pushback from Brussels and Washington — which are both understandably preoccupied by more urgent matters — Hungary is bound to emerge from the current crisis as a full-fledged dictatorship.”

https://www.aei.org/op-eds/hungarys-prime-minister-is-using-the-virus-to-make-an-authoritarian-power-

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