The constitutional and institutional changes pushed through by Hungary’s ruling conservative-national Fidesz party following its emphatic election victory in April 2010 have attracted increasing coverage – and almost enirely negative - from academic and journalistic observers of Central European politic, foreign governments and international bodies such as the European Parliament and Council of Europe.
As well as making multiple amendments to the existing constitution, the Fidesz government has used its huge majority – it has well over the 2/3 of seats in the National Assembly required – enact a new constitution due to take effect 1 January 2012 and pass new electoral and media laws over the head of other parties, which fundamentally change the rules of the political game, destroying linstitutional checks and balances and embedding its own political influence against future majorities, which puts Hungary on course for at best low quality democracy and at worse some form of semi-authoritarian illiberal democracy.
The new constitution and related chanages, critics say, pares back power of Hungary’s previously
powerful Constitutional Court and made access to it more difficult; engineered a purge of the judiciary and created a powerful National Judicial Office (headed by its own political appointee) with extensive powers to move and (un)appoint new judges.
New media law – already the target of demonstrations earlier this year (2011) – have created new media board – staffed by Fidesz supporters and headed by prime ministerial appointee with a nine year term – which can review all media (including perhaps bloggers) for balance and impose heavy fines, resulting in self-censorship for the sake of commerical survival. Other key public appointees have similarly long terms of office and are only replace-able if new post holders are agreed by 2/3 parliamentary majority.
The charges are summarised here by Kim Lane Scheppele, who concludes that
Virtually every independent political institution has taken a hit. The human rights, data protection and minority affairs ombudsmen have been collapsed into one lesser post. The public prosecutor, the state audit office and, most recently, the Central Bank are all slated for more overtly political management in the new legal order (…)
Fidesz party loyalists …will be able to conduct public investigations, intimidate the media, press criminal charges and continue to pack the courts long after the government’s current term is over..
The new electoral law, ably discussed here by Alan Renwick, makes a number of changes to Hungary’s complex ‘mixed’ electoral system, some of which – such as the introduction of a single round of voting in single member constituencies in preference to a French-style run-off – are arguably unpredictable.
But the net effect seems to be to make a strongly majoritarian electoral system more majoritarian and to provide a probable electoral bonus for the right by allowing non-resident Hungarian citizens, which following changes to citizenship law is now likely to include hundred thousand ethnic Hungarians living in Slovakia, Romania and Serbia, to vote in parliamentary elections.
The boundaries of the single member constitutencies used to elect most deputies have also, oddl, been written into the electoral law – rather than subject to periodic independent review – making the changeable only through further constitutional amendment. Simulations linked to by Alan Renwick and Kim Scheppele suggest these are advantageous to Fidesz. More worryingly, changes to the make-up of the national Election Commission overseeing elections have reportedly seen a politically balanced body transformed into one run by Fidesz supporting appointees.
Party politics in Hungary may be further shaken up if proposed constitutional amendments listing the crimes of ruling party during communist dictatorship pass and the statue of limitations is lifted: any court cases brought against the post-communist Socialists, who are the successor party, may, Kim Scheppele suggests, bankrupt Hungary’s main moderate opposition party, leaving the far-right Jobbik as the principal oppositon to Fidesz.
There is, of course, another side the story. Fidesz supporters note the left-liberal bias to academic commentary on Hungarian politics on Hungary, which has never accepted national-conservative politics of Fidesz as legitimate; that the changes are wrongly described or exaggerated or ill informed due to the language barrier; and that some Western democracies to not meet the implied standards that Hungary is being subject to – US congressional districts boundaries, for example, are extensively gerrymandered. Fidesz is just clearing up the corrupt mess left by the Socialists, whose electoral collapse is entirely down to their own corruption. One eloquent such voice can be found in my former SSEES colleague, now a second term MEP George Schöpflin, writing in the FT, and in video below.
Some of the comments on Kim Lane Scheppele also reasonably dispute some points of fact.
I have tried to look things over from this angle, but even taking these points on board – and some of them are I suspect are valid – they fail to address the substance of the criticism: George Schöpflin’s performance stressing misunderstanding and bad faith is sadly unconvincing. It is hard to not to interpret the changes as, whatever else they are, a very illiberal, ill advised and divisive power grab by the Hungarian right.
It is also one which I suspect will rebound both on Hungarian conservative-national right itself: some of the changes, such as the new electoral system will be rather unpredictable. Even allowing for partisan boundary changes – whose partisan effects can change over time quite quickly as the UK experience illustrates – a majoritarian system favours the right only so long as it is politically cohesive and has majority support. The bad economic weather suggests even with a tame media, any incumbent is likely to see its support rapidly erode.
The other concerns the divided nature of Hungary. As The Economist suggests there is a large liberal and left-wing Hungary: the Socialists and their liberal allies had, after all, until the 2010 meltdown, offered pretty stiff competition. Although the far-right seems to be offering stiff competion for the votes of the economically disempowered, there is no reason to think that in the longer term, over a period of years, that a new centre-left bloc of some kind would not emerge. Indeed, the possible demise of the post-communist successor party might be a boon: in Poland the liberal Civic Platform now fills the space once taken by the post-communist left, while in Slovenia a new reformist centre-left bloc stepped almost effortless into the shoes of the discredited post-communist Social Democrats (SD) and Liberal Democrats (LDS).
But if – or perhaps when electoral support for Fidesz goes South – any left-liberal majority, will either have to come up with a 2/3 majority of its own (perhaps not altogether impossible) and carry out its own counter-revolution, or bump up the constitutional entrenchments now being put in place. (As George Schöpflin explains above, there will be no provision to change the constitution by referendum. ) The result perhaps five or ten years down the line would seem to be some very high stakes electoral politics – with all the temptations that will throw up – and/or the severest of constitutional crises, possibly attended by a very intense politics of civic mobilisation: this, after all, is way change happens when institutional channels to change are blocked and people sense that democracy has been rigged.
How could all this happen? Hungary, after all, was supposed to be one Central and Eastern Europe’s most consolidated new democracies, yet suddenly leaves us dusting off our Fareed Zakharia and contemplating the prospects for a kind of Coloured Revolution on the Danube. Could it - or something like it - happen elsewhere in the region? Weren’t people like me telling you that CEE was a region flawed but basically normal democracies?
There seem to several factors which have enabled democratic derailment:
- Majoritarian electoral system, which, if there is a big electoral win for one side and/or a collapse for the other (Fidesz polled 53% in 2010), would result in a constitutional majority in parliament. In CEE conditions, where electorates are volitile and economies (now) vulnerable, this was, in hindsight, perhaps just a matter of time
- A unicameral parliament, or a least a weak upper chamber. Hungary has no upper house.
- Well organised, cohesive party organisation. Single member districts and majoritarian electoral systems tend to promote this.
- A party with a strong sense of ideological mission: if you are going to seize the chance to remake the constitutional order you need to believe in what you doing. Conservative-national parties in states like Hungary which had a negotiated, compromise transition in 1989, see politics as a part of a ‘thick transition’ – a long-term struggle to finish the revolutionary work of 1989, by eliminating the (ex-)communist nomenklatura from public left.
Elsewhere the region, some other states partially fulfill these conditions: Poland’s Law and Justice (PiS) had a similar anti-communist conservative-national outlook, but – like all governing parties – due to PR never had the votes or seats to contemplate giving its vision of a new ‘Fourth Republic’ constitutional form and is now politically on the back foot.
Romania Bulgaria and Slovakia appear slightly riskier propositions: the latter are both unicameral democracies, while the Romanian Senate closely mirrors the lower house. All have strong (soon-to-be) ruling parties seen by some as having illiberal inclinations: however, none seem to have the sense of ideological mission needed – two, Romania’s PSD and Slovakia’s SMER, are loosely social democratic, while Bulgaria’s GERB is a loose knit centrist or centre-right party of power.
None seem likely to come near 2/3 majority required to amend or replace the constitution (3/4 in Bulgaria should you merely want to amend), although Bulgaria’s GERB whose electoral support sits around 40% and is suspected by critics of sporadic electoral fraud might just manage an absolute parliamentary majority.
If we think the worst of such parties, then a more informal strategy of co-optation, corruption and politicisation of the state apparatus, spiced with the odd draconian media law, is perhaps what we should expect.
The lessons of Hungary’s complex and unfolding, but probably unique, situation is that the political and power instincts of CEE parties and politicians are, indeed, be as bad as we feared, but that fragmented and loose parties and PR are like to keep democracy – albeit corrupt and flawed - in most places safe from frontal assualt by the region’s politicians.