These
past few weeks European leaders have declared time and time again that
the European Union is going through its gravest crisis ever. They are
right – except that it is a double crisis: one is about the Euro; the
other has nothing to do with the common currency and is not unfolding in
Rome or Athens, but further north: in Budapest. There the
national-populist government of Viktor Orbán, in power since April 2010
with a two-thirds majority in parliament, has been systematically
undermining the rule of law and dismantling democratic institutions. It
is the first time ever that an EU Member State is sliding back towards
authoritarianism. Failure to prevent the emergence of a ‘managed
democracy’ within the EU puts the promise of European integration into
much more serious doubt than the troubles of the Eurozone – because that
promise was at heart always political, not economic. If European
leaders continue to care only about financial matters, they’ll miss a
much more dangerous form of contagion.
Viktor
Orbán was prime minister of Hungary once before, from 1998 to 2002. He
already then behaved in sufficiently illiberal ways that Washington in
particular was not pleased and denied him a much-desired invitation to
the White House. But his government was not illiberal enough to delay
Hungary joining the EU in 2004. Hungarians, like all other new entrants
to the EU, felt that both political stability and prosperity were now
safely ensured. But the left-liberal parties which ruled from 2002
onwards discredited themselves by a series of corruption scandals and by
lying about the state of the economy. They also ran up huge debts.
The result: Orbán collected around 53 percent of the votes in the 2010
elections – but the peculiarities of the electoral law gave him a huge
majority in parliament. He promptly used that majority to erect a new
‘system of national cooperation’.
In
practice, this meant curtailing the powers of the courts (the Hungarian
Constitutional Court, internationally highly respected, in particular),
passing a draconian media law which the Organization for Security and
Cooperation in Europe compared to the rules on press freedom in
totalitarian states, and hastily enacting a new constitution which
entrenches the highly partisan vision of Orbán’s party without popular
consultation or referendum. The constitution’s nationalistic preamble
also rehabilitates the authoritarian regime of Admiral Horthy – one more
symbolic act in an antiliberal Kulturkampf, which has already seen the appointment of openly anti-Semitic intellectuals to prestigious cultural posts.
All
this was possible because Orbán has a two-thirds majority in a
unicameral parliament -- and, to be sure, support in the population, at
least up until recently, when the economy took yet another turn for the
worse. In fact, his majority is still busy enacting so-called ‘cardinal
laws’ to specify many of the general provisions of the constitution.
One is a new election law which disadvantages smaller parties -- which,
to be sure, is not in itself necessarily undemocratic -- but, more
important, redraws elections districts in such a way that Orbán’s party
would have won every single election since 1998 (that is to say: also in
2002 and 2006, when the socialist-liberal coalition clearly outpolled
them). Even more worrying is that the government is staffing many state
posts (especially courts and media boards) with its own people for
exceptionally long periods – a fact which reinforces the impression that
Orbán is trying to create a system where ideally he never loses an
election – but even if he were to lose one, his party would never fully
lose power.
To
be sure, other Central and Eastern European countries have had their
ups and downs with liberal democracy -- one need only remember the
Polish Kaczyński brothers
a few years back. In fact, one could be forgiven for thinking that the
security of actual EU Membership precisely allows national leaders to
act up a little, while never quite going over the authoritarian brink.
But this time really is different: never before has a constitution
rendered a decidedly antiliberal political vision permanent, and never
before have both an opposition and potential countervailing powers --
such as the Constitutional Court -- been so systematically weakened.
Western observers have been right to warn of ‘Putinization’ and the
emergence of a ‘Lukashenko lite’, a milder version of Belarus’ ruthless
authoritarian ruler, inside the EU.
Hillary
Clinton made the displeasure of the US obvious in a meeting with Orbán
in the summer, and Washington should keep up the pressure on what after
all is a NATO ally. But the real burden is on Europe. Officially the
European Union has no mechanism for excluding countries – they can only
leave voluntarily. However, Brussels can name and shame – and
ultimately suspend the voting rights inside the EU of states that
violate core values of democracy and the
rule
of law. Of course, this can sound like a typical Eurosceptic
nightmare: Europe dictating to a democratically elected government and
giving nationally legitimated politicians lessons from on high as to
what a proper understanding of people power is. But Europe is, after
all, a club with its own rules (and particular understandings of those
rules); any club has the right to enforce them for members who have
entered the club voluntarily. European understandings of democracy and
the rule of law are indeed diverse – but not infinitely so.
Still,
European leaders have been reluctant to open a second political front,
when saving the Euro is seemingly consuming all available political
capital. But if they are willing, for instance, to threaten Greece with
exit from the Eurozone, why are they not prepared to confront the
Hungarian government, when actually so much more is at stake? The
European Union might sometimes get it wrong on economics and survive –
but it can’t afford to get it wrong on politics.
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