And chances are that whatever the reader may have heard about the document and the amendment, it was probably critical. Some observers who cared to take a closer look saw it as “exemplary” or “amazing,” but those views garnered less coverage. Some of the criticisms were unfounded, based on poor or incomplete information – see common misconceptions here and here – some were politically biased, but some of the feedback made a rational case for changing particular clauses in the law.

As Hungary has proven before, when criticism is based on facts that argue concretely how Hungary’s new laws would be at odds with common European law and practice, then Hungary is not above making changes. The fact is, since 2010, the Parliament has accepted over 700 new pieces of regulation, so we shouldn’t be surprised if in some cases, certain laws or regulations have to be modified.

That’s the story behind the 5th Amendment to the Fundamental Law. Recall the hyperbole you may have heard about “values” and “democracy” and note that after a detailed conversation with the European Commission – the one institution of the European Union with competence to review the laws of member states – the two sides narrowed in on an a handful of specific articles in the Fundamental Law that may require modification. This has brought us the 5th Amendment to the Fundamental Law, which the government proposed to the Parliament’s agenda last Friday. The most important details are the following:

Regarding political campaigns in radio and television, the commercial media broadcasters would be able to air political ads, but they must operate similarly to public media channels – i.e., distribution of air time for political ads should not be discriminatory and should be provided free of charge.

In the case of recognizing religious communities (in line with the relevant cardinal law), the proposed modification would emphasize that all communities are entitled to operate freely, but those who seek further cooperation with the state (e.g., taking part in education, health care, social programs and so on) must be voted on by the Parliament to receive that status.

On the issue of transferring court cases, the Government is proposing that provisions to allow the transfer of cases between courts would be repealed from the Fundamental Law, despite the fact that the practice exists in several of the EU member states. The solution for the problem of unbalanced workloads among different courts resulting in delays in due process would be managed with structural reforms on the organizational level. Meanwhile, the deadline for the ruling of the Constitutional Court would be extended to 90 days instead of 30.

The provision that would enable the government to levy taxes to settle unforeseen financial expenses occurring after a court ruling against the country – such as the European Court of Justice – would also be removed.

So after all the breathless banter about some kind of crisis of democracy, we’re down to these. The details seem a little mundane by comparison. The modification is still only in proposal form, so stay tuned. But that’s the 5th Amendment in a nutshell.

Source: A Blog About Hungary

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