The Hungarian Legislative Response to the COVID-19 Pandemic and its Challenges to the Rule of Law

Abstract

Purpose – This chapter examines how the response to the pandemic will have an impact for many years on rule of law mechanisms and human rights within Hungary.

Methodology/Approach – The arguments put forward in this chapter are supported by analysis of key legislation both domestic and international concentrating on how the concept of rule of law has been redefined. This analysis is conducted by focusing on the Hungarian legislation, Fundamental Law, and key sources engaging in the analysis of the effects that the COVID-19 pandemic has had on reshaping the legal landscape.

Findings – In the unprecedented times of a global pandemic it is important to reflect on how the Governments of the world responded to the immediate danger and what ramifications those changes will have as the pandemic unfolds over the coming years. This raises questions regarding the European political landscape and how the cause of the rule of law can be furthered. This chapter argues that the rule of law project of the European Union (EU) as set out in Article 2 of the Treaty of the European Union (TEU) has been circumvented by several rogue states. The European parliament now is finding new ways to engage with and curtail “rogue” Member States which, according to them, step out of line.

Originality/Value – The current research contributes to the ongoing dialogue about the tension that the COVID-19 pandemic had on global legal frameworks. Of particular interest is how the EU and its institutions are uniquely placed to act as an external guarantor of the rule of law. However, this relationship has been tested by Member States, in particular Hungary, with its use of emergency measures. This chapter compliments the body of academic work by analyzing how Hungary has reached the position it is in today and what could be done to bring it back within the ethos of Article 2’s common values of the Member States.

Citation

Cheesman, S.J. (2023), "The Hungarian Legislative Response to the COVID-19 Pandemic and its Challenges to the Rule of Law", Deflem, M. (Ed.) Crime and Social Control in Pandemic Times (Sociology of Crime, Law and Deviance, Vol. 28), Emerald Publishing Limited, Leeds, pp. 141-154. https://doi.org/10.1108/S1521-613620230000028010