|
AUTHOR (name and surname) |
Viktor Zoltán Kazai |
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COUNTRY |
Hungary |
|
YEAR |
2021 |
|
Name of the act/s* |
2021. évi I. törvény a koronavírus-világjárvány elleni védekezésről / Act no. I of 2021 on the defense against the coronavirus pandemic |
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Subject area |
coronavirus, pandemic, emergency powers, exceptional legal order |
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Brief description of the contents of the act |
By Government Decree no. 27/2021. (I. 29.) The Hungarian government declared once again a state of danger on the basis of Article 53 (1) of the Fundamental Law. The legislation entered into force in the beginning of February. Article 53 of the Fundamental Law allows the Hungarian government to rule by decree without parliamentary approval only for two weeks. In order to create a more durable legal basis for the government’s extraordinary regulatory power in the state of danger, the National Assembly adopted Act no. I of 2021 on the defense against the coronavirus pandemic. Originally, this act delegated extraordinary regulatory power on the government for 90 days. However, in May the National Assembly adopted Act no. XL of 2021 which prolonged the authorization until the 15th day after the first day of the parliament’s autumn session. |
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Comment |
The Hungarian government has been constantly criticized for using the pandemic as a pretext for power grab. With a qualified two-thirds majority in the National Assembly, the Hungarian government’s legislative power is already unlimited in practice. However, ruling by decree in an emergency situation has the advantage of hiding opportunistic legislative measures in a very large number of (seemingly) rather technical regulations. |
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Secondary sources/ doctrinal works (if any) |
Gábor Mészáros: Carl Schmitt in Hungary: Constitutional Crisis in the Shadow of Covid-19, Review of Central and East European Law, 24 February 2020, https://brill.com/view/journals/rela/46/1/article-p69_69.xml Nicole Bolleyer – Orsolya Salát : Parliaments in times of crisis: COVID-19, populism and executive dominance, West European Politics, Vol. 44, Issue 5-6 (2021), https://www.tandfonline.com/doi/full/10.1080/01402382.2021.1930733 |
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*Act citation /year and number |
Government Decree no. 27/2021. (I. 29.) on the declaration of the state of danger and the entry into force of the extraordinary measures Act no. I of 2021 on the defense against the coronavirus pandemic Act no. XL of 2021 on the amendment to Act no. I of 2021 on the defense against the coronavirus pandemic |
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Enacted by |
National Assembly |
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Official link to the text of the act |
https://njt.hu/jogszabaly/2021-27-20-22 |
|
AUTHOR (name and surname) |
Viktor Zoltán Kazai |
|
COUNTRY |
Hungary |
|
YEAR |
2021 |
|
Name of the act/s* |
2021. évi XIII. törvény a Gróf Tisza István Debreceni Egyetemért Alapítványról, a Gróf Tisza István Debreceni Egyetemért Alapítvány és a Debreceni Egyetem részére történő vagyonjuttatásról / Act no. XIII of 2021 of the Establishment of the Count István Tisza Foundation for the University of Debrecen and on the transfer of the endowment to the University of Debrecen 2021. évi XXIII. törvény a Szegedi Tudományegyetemért Alapítványról, a Szegedi Tudományegyetemért Alapítvány és a Szegedi Tudományegyetem részére történő vagyonjuttatásról / Act XXIII of 2021 on the Establishment of the Foundation for the University of Szeged and on the transfer of endowment to the University of Szeged 2021. évi XXVI. törvény az Universitas Quinqueecclesiensis Alapítványról, az Universitas Quinqueecclesiensis Alapítvány és a Pécsi Tudományegyetem részére történő vagyonjuttatásról / Act no. XXVI of 2021 on the Establishment of the Universitas Quinqueecclesiensis Foundation and the transfer of endowment to the University of Pécs |
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Subject area |
higher education, privatization of public property |
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Brief description of the contents of the act |
The acts mentioned above set up foundations to which the most important rights of control over the operation of the previously state-owned universities, of the management of their property and of the appointment of their faculty were delegated. The foundations operate under the supervision of the Minister of Innovation and Technology. The boards of the foundations are authorized – among others – to adopt the budget of the university, to approve its internal regulation and to exercise influence on the selection of the rector (president). |
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Comment |
These acts are just a couple of examples that were selected because they concern some of the largest universities in Hungary. The adoption of these acts is part of a much larger project of the Hungarian government – as it was discussed already in our previous entry on the University of Theater and Film Arts. As a result of this project half of the previously state-owned universities have been “privatized” and are put under the control of nominally private foundations which are created by the state and whose board members are appointed by the current government in power. The Fidesz-government is strongly criticized for tying the hands of future governing majorities by outsourcing the tasks of the state in the field higher education, to transfer a huge amount of public property to these foundations without receiving anything in return and to pack the board of the foundations with political allies. In theory, universities can only be “privatized” is they specifically ask for it, but many faculty members claim that in practice the Hungarian government has exercised pressure on them. |
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Secondary sources/ doctrinal works (if any) |
Tímea Drinóczi: Loyalty, Opportunism and Fear: The forced privatization of Hungarian universities, VerfBlog, 5 February 2021, https://verfassungsblog.de/loyalty-opportunism-and-fear/ Eva S. Balogh : Looting the nation’s wealth by privatizing universities, Hungarian Spectrum, 27 April 2021, https://hungarianspectrum.org/2021/04/27/looting-the-nations-wealth-by-privatizing-universities/ |
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*Act citation /year and number |
Act no. XIII of 2021 of the Establishment of the Count István Tisza Foundation for the University of Debrecen and on the transfer of the endowment to the University of Debrecen Act XXIII of 2021 on the Establishment of the Foundation for the University of Szeged and on the transfer of endowment to the University of Szeged Act no. XXVI of 2021 on the Establishment of the Universitas Quinqueecclesiensis Foundation and the transfer of endowment to the University of Pécs |
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Enacted by |
National Assembly |
|
Official link to the text of the act |
https://njt.hu/jogszabaly/2021-13-00-00 |
|
AUTHOR (name and surname) |
Viktor Zoltán Kazai |
|
COUNTRY |
Hungary |
|
YEAR |
2021 |
|
Name of the act/s* |
2021. évi LXXXI. törvény a Fudan Hungary Egyetemért Alapítványról, a Fudan Hungary Egyetemért Alapítvány részére történő vagyonjuttatásról / Act no LXXXI of 2021 of the Establishment of the Foundation for the University of Fudan Hungary and on the transfer of endowment to the Foundation for the University of Fudan Hungary |
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Subject area |
higher education, privatization of public property, international relations |
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Brief description of the contents of the act |
The act basically prepares the establishment of the Hungarian affiliate of the Chinese Fudan University. The act authorized the Hungarian government to establish a foundation which will exercise the rights of control over the University of Fudan Hungary and of the management of its property. It also stipulates that the Hungarian state shall contribute to the operation of the university with endowment, including real estate. |
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Comment |
The future establishment of an affiliate of the Chinese Fudan University in Budapest is currently one of the most debated topics in Hungarian politics. Members of the opposition, including the chief mayor of Budapest and certain civil society representatives expressed their serious concerns about this project and intended to initiate a referendum but the Fidesz governing majority already adopted the legislative act. The opponents claim that as a result of this project Hungary would become dangerously indebted to China, suspect corruption behind this deal and fear for the national sovereignty of the country. These concerns seem reasonable in light of China’s aggressive economic expansion projects witnessed all around the world. |
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Secondary sources/ doctrinal works (if any) |
Szabolcs Panyi: The Fight Over Fudan: A Chinese University in Budapest Sparks Reckoning for Sino-Hungarian Relations, China Observers, 7 June 2021, https://chinaobservers.eu/the-fight-over-fudan-a-chinese-university-in-budapest-sparks-reckoning-for-sino-hungarian-relations/ |
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*Act citation /year and number |
Act no LXXXI of 2021 of the Establishment of the Foundation for the University of Fudan Hungary and on the transfer of endowment to the Foundation for the University of Fudan Hungary |
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Enacted by |
National Assembly |
|
Official link to the text of the act |
|
AUTHOR (name and surname) |
Viktor Zoltán Kazai |
|
COUNTRY |
Hungary |
|
YEAR |
2021 |
|
Name of the act/s* |
2021. évi LXXIX. törvény a pedofil bűnelkövetőkkel szembeni szigorúbb fellépésről, valamint a gyermekek védelme érdekében egyes törvények módosításáról / Act no LXXXIX of 2021 of more severe measures against pedophile criminal offender and on the amendment of certain acts for the protection of children |
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Subject area |
LGBTQ rights, discrimination |
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Brief description of the contents of the act |
The National Assembly adopted a legislative package on stricter actions against pedophile offenders and certain amendments of laws to protect children. In the course of the legislative process an amendment was attached to the original bill which contains very controversial provisions targeting LGBTQ persons. In the adopted act one can find several restrictions and prohibitions concerning the “promotion” of deviation from self-identity in line with birth sex, gender reassignment and homosexuality. |
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Comment |
Critics of the legislative act say that the Hungarian LGBTQ community has become the new scapegoat of the Fidesz government after the immigrants and George Soros. Hungarian NGOs and professional organizations strongly reject any attempt to establish any sort of connection between pedophilia and homosexuality. The law stigmatizes persons belonging to the LGBTQ community, will probably have a chilling effect on the activity of organizations advocating for non-discrimination on the basis of gender identity and sexual orientation. The anti-LGBTQ provisions concern primarily public education and the media sector. Some claim that this law follows the example of the notorious Russian anti-LGBTQ propaganda laws. The law was also harshly criticized by the various institutions of the European Union. |
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Secondary sources/ doctrinal works (if any) |
Eszter Polgári – Tamás Dombos: From Russia with Love: Targeted Legislative Amendments to Further Curtail the Rights of Hungarian LGBTQI people, VerfBlog, 15 June 2021, https://verfassungsblog.de/from-russia-with-love/ European Parliament resolution of 8 July 2021 on breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the legal changes adopted by the Hungarian Parliament (2021/2679(RSP)), https://www.europarl.europa.eu/doceo/document/TA-9-2021-0362_EN.html |
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*Act citation /year and number |
Act no LXXXIX of 2021 of more severe measures against pedophile criminal offender and on the amendment of certain acts for the protection of children |
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Enacted by |
National Assembly |
|
Official link to the text of the act |