There is no question that Orbán’s intention with the Constitutional Court petition on migration was to further increase tensions between the European Union and the Fidesz government.
As I have pointed out on several occasions, the Constitutional Court’s role in the Polish-style petition was not just to settle a legal dispute, but also to prove its independence and prevent the Fidesz government from losing further control. These latter objectives were only partially met by the body filled with government party delegates.
While today’s decision of the Constitutional Court does not call into question the primacy of EU law, and Orbán’s party has not been given the green light to ignore the rulings of the Court of Justice of the European Union, the legal loopholes do, and could, provide an opportunity to prepare for HUXIT. The Constitutional Court has in fact given the Hungarian legislature the opportunity (and we all know the Fidesz approach to bending the law to its own interests) to take back certain powers and exercise them itself, if necessary by declaring the EU’s exercise of powers to be inadequate or ineffective.
This is a much weaker decision than a similar ruling by the Polish Constitutional Court, nonetheless it could give Orbán and his gang a real opportunity for further legal mayhem. It is clear and unambiguous that Fidesz no longer sees the weakening and destruction of the European Union as just as a political game, but also as a concrete objective, guided and financed by who knows what kind of backing power. Orbán’s political rampage, born out of frustration and clearly insane, could well mean the end of our membership of the EU.
The stakes of the change of government are therefore no longer simply whether Hungary can once again be a democratic and free-air country, but whether it can remain a member of the European Community, which guarantees the security and prosperity of our country.
dr. István Ujhelyi
Member of the European Parliament
Budapest/Brussels – 10.12.2021.