Hungary is now a dictatorship

Because of the  coronavirus, Hungary has become a dictatorship inside Europe.

The EU chief and human rights organizations warm of the danger.

In effect, the emergency law voted by Orban gives all powers to the President and Prime Minister, and abolishes free elections until the end of the coronavirus crisis. Human Rights Watch published a video condemning this law:

The text of the law can be found on the site of the Hungarian government; here is an English translation from Hungarian:

Prime Ministry

Number: T / 9790.

Filed on : 2020-03-20 20:45

Parlex ID: B89KC6RV0001

Addressee: László Kövér, Speaker of the National Assembly

Subject: Submission of draft legislation

Submitted by: Dr. Zsolt Semjén, Deputy Prime Minister

Speaker: dr. Judit Varga, Minister of Justice

Title of the bill: Protection against the coronavirus

I hereby submit, on behalf of the Government, the text concerning protection against the coronavirus

bill.

The bill

a) Article 2 of the Basic Law, under Article 54 (4),

b) Article 5 of the Fundamental Law, pursuant to Article 24 (9),

c) Section 6 para. Having regard to Articles 3 (3) and 31 (3),

d) Section 6 (2) of Section XXIX of the Fundamental Law. Articles 3 (3), 2 (1) and 35

(1)

is considered a cornerstone and is therefore approved by two thirds of the Members of Parliament present

A ‘yes’ vote is required.


Page 2

Act of ….. 2020

on the protection against the coronavirus

The National Assembly in order for the Government to have the COVID-19 infection caused by mass

prevention of the human epidemic that caused the disease in 2020, and

to take all necessary emergency measures to deal with the consequences, eye

especially considering the possibility that the session of the Parliament is a human epidemic

as a result of being aware of the need to make responsible decisions in times of distress,

and that the measures taken so far – and potentially ahead of us – are unusual and alien

they seem to be restrictions, but adherence to them, unity and discipline are Hungarians

it can be the most important force in the field, joint action, national cooperation, health and

recognizing the work of law enforcement officers and all the victims involved,

On the prolongation of government emergency regulations

authorizes and defines its law as follows:

Section 1

This Act is promulgated by the Government pursuant to Article 53 (1) of the Fundamental Law, a

40/2020 on the declaration of an emergency (III. 11.) Government Decree (hereinafter: Decree)

, which is a mass epidemic that threatens the safety of life and property

prevention and remedying the consequences for the health of Hungarian citizens and

in order to protect one’s life (hereinafter: “Emergency”)

lays down specific rules.

Section 2

(1) The Government in the Emergency – on Disaster Management and its related

Act CXXVIII of 2011 on the Amendment of Laws extraordinary as defined by law

beyond measures and rules – the lives, health, personal, property and citizenship of citizens

in order to guarantee legal certainty and the stability of the national economy

you may suspend the application of certain laws, derogate from legal provisions, and others

take extraordinary measures.

(2) The Government shall exercise its powers under paragraph (1) to the extent necessary for the purpose to be achieved

proportionally – prevention, treatment and eradication of the human epidemic according to the Regulation and harmful

to prevent or counteract its effects.

Section 3

(1) Pursuant to Article 53 (3) of the Fundamental Law, the Parliament shall authorize the Government,

that

(a) Articles 2 and 3 of the Regulation, and

(b) in the event of an emergency, government decrees within the meaning of Article 53 (1) and (2) of the Fundamental Law

extend its duration until the emergency has ceased.

1


Page 3

(2) Prior to the cessation of a state of emergency, Parliament shall comply with paragraph (1)

you may revoke your authorization.

(3) After the entry into force of Articles 2 and 3 of the Decree and

Government Decrees under paragraph 1 (b) of this Act made before the entry into force of Act

confirm.

Section 4

The Government has taken steps to maintain the measures in place to counter the emergency

on a regular basis at a session of the National Assembly – in the absence thereof, by the Speaker of the National Assembly and

Provides information to the leaders of the parliamentary groups.

Section 5

(1) The President of the Constitutional Court (hereinafter “the President”) and the Secretary-General of the Constitutional Court

it shall ensure the continuous functioning of the Constitutional Court in emergency and shall do so

the organizational, administrative and decision-making arrangements necessary for this.

(2) The full session of the Constitutional Court and the meeting of the Council until the end of the emergency shall be

at the discretion of the President, electronic means of communication may be used.

(3) The President may, in an emergency, authorize a deviation from the rules of procedure of the Constitutional Court.

Section 6

(1) The dissolution of the representative body of the local government or the nationality self-government

if so, the effects of this decision shall take effect on the day following the cessation of the emergency.

(2) Until the day after the cessation of the emergency, no interim election may be made;

elections are canceled. Issued reference sheets within fifteen days of the entry into force of this Act

must be submitted to the electoral office, which will destroy them. The unspecified and the missed

the choice shall be made within fifteen days of the cessation of the emergency.

(3) Until the day after the end of the emergency, there shall be no national or local referendum

the national and local referendums already scheduled will be canceled. The referendum

on the European Citizens ‘Initiative, the European Citizens’ Initiative and the Referendum

CCXXXVIII of 2013 II-IV of the Act All the deadlines set out in this chapter are interrupted.

The time limits shall start to run afresh on the day following the termination of the emergency. The unspecified and the

missed a national and local referendum within fifteen days after the end of the emergency

need to fire.

Section 7

This Act shall enter into force on the day following its promulgation.

2


Page 4

Section 8

The repeal of this Act shall be decided by the National Assembly upon termination of the emergency.

Section 9

This law

a) Article 2 of the Basic Law, under Article 54 (4),

b) Article 5 of the Fundamental Law, pursuant to Article 24 (9),

c) Section 6 para. Having regard to Articles 3 (3) and 31 (3),

d) Section 6 (2) of Section XXIX of the Fundamental Law. Articles 3 (3), 2 (1) and 35

(1)

is considered a cornerstone.

Section 10

(1) Section 322 of Act C of 2012 on the Criminal Code (hereinafter: Criminal Code)

after the following subheading and 322 / A. The following § shall be added:

Obstruction of epidemiological control

322 / A. §

(1) Aki

(a) the introduction or spread of an infectious disease subject to an obligation of confinement

to prevent epidemiological isolation, surveillance, confinement or control,

(b) the epidemiological isolation, surveillance, closure or control ordered at the time of the outbreak;

(c) the introduction and export of infectious animal diseases or pests shortages; and

to prevent the spread or eradication of the

health or animal disease measure

obstructs the execution of the law, punishable by a term of imprisonment of up to three years.

(2) The punishment shall be one to five years imprisonment if the offense is followed in groups

a.

(3) The punishment shall be imprisonment of two to eight years if the offense causes death.

4. Anyone preparing to prevent an epidemiological measure shall be for a period of one year

shall be punishable by a term of imprisonment. “

(2) The Btk. Article 337 shall be replaced by the following:

§ 337

(1) Anyone in the scene of a public danger who is in the public domain in relation to the danger

you are misrepresenting or proclaiming a false fact or fact that is a public threat

it is a crime scene for a large group of people at the scene

3


Page 5

for up to three years’ imprisonment.

(2) Who in the special legal order at a time of great publicity is such an unreal fact or fact so

in a way distorted or rumored to be effective in defending

obstruct or frustrate, with one to five years’ imprisonment for a crime

punishable.”

4


Page 6

General justification

COVID-19 infection, which started in China last year, has now become a world pandemic, and the European

all countries of the continent, including our country. Medicine is current

According to him, no global solution to the epidemic is known and therefore against the coronavirus

during the struggle, each country develops its own defense strategy. This is the case

it is not unknown to us Hungarians because we were faced with the same task

combating the collapse of the financial sector, flood protection and the immigration crisis

treatment. In addition, Hungary is participating in the fight against the virus

establishes close cooperation in all international cooperation, and in particular

with neighboring countries. However, it has now become clear that the fight against the coronavirus

and protecting the Hungarian people is our common task, and it is our responsibility to make responsible decisions

It is up to Parliament and the Government.

In view of the above, the Government of Hungary will be Hungarian with effect from 11 March 2020

to protect the health and life of citizens throughout Hungary

proclaimed a special legal order, an emergency. Since then, the Government

has introduced a number of measures aimed at spreading the COVID-19 infection

preventing, slowing down and supporting the fight against infection and human health

and, subsequently, the country’s negative economic situation as a result of the pandemic

mitigation of effects.

Parliament is aware of the need to make responsible decisions in times of emergency, and

that the measures taken so far – and potentially ahead of us – are unusual and alien

they seem to be restrictions, but adherence to them, unity and discipline are Hungarians

can be your most important power reserve. Joint action, national cooperation, health and

the work of law enforcement personnel and all the victims involved

cornerstones of the widest national unity. Members of Parliament accepting the proposal

they can contribute to the creation of the necessary national unity in times of emergency and

maintain.

Our Fundamental Law, which is the basis of our legal system, is extremely international in comparison

records in detail and in a manner limited by warranties what is required in emergency situations

and which constitutional body is responsible. The emergency will apply for more than 15 days

pursuant to this, it is the responsibility of the Parliament.

In the light of the foregoing, the proposal seeks, in accordance with Article 53 (1) of the Fundamental Law, to:

Government Decree 40/2020 on the declaration of emergency (III. 11.) Corm.

(hereinafter referred to as the Regulation) which endangers the safety of life and property

preventing and remedying the human epidemic causing mass disease,

an emergency ordered to protect the health and life of Hungarian citizens

endorse and proclaim all measures taken since then

5


Page 7

of Article 53 (3) of the Fundamental Law.

A further aim of the proposal is to enable the Government of Hungary to establish and

to maintain in force its decrees containing extraordinary provisions if the Parliament

any mass disease caused by COVID-19 infection in 2020

it does not meet for humanitarian reasons.

This justification is provided in Legislative CXXX 2010. 18 (3) of the Act of Law no

Publication of the Hungarian Bulletin, as well as the publication of the law and public law

5/2019. (III. 13.) IM

Pursuant to Article 20 of Decree-Law no

will be published.

Detailed justification

Section 1

The proposal makes it clear that the delegation of powers and the establishment of specific rules

the safety of life and property, as promulgated by the Government, in accordance with the Regulation

prevention of a human outbreak of a dangerous mass disease, or

and the protection of the health and life of Hungarian citizens

refers to an emergency ordered for.

The regulation makes it clear that in other emergencies the regulation does not

If applicable, the rules apply only to this particular legal situation.

Section 2

Subject to Article 53 (1) and (2) and Article 54 (1) of the Fundamental Law,

Article 2 (1) of the proposal makes it possible for the Government to address and respond to disaster management

Act CXXVIII of 2011 on the amendment of certain related laws defined by law

take any measures, other than emergency measures and rules; and

establish any normative provisions that may have been caused by COVID-19 infection

in the context of the human epidemic causing mass disease in 2020, the

the life, health, personal, property and legal security of citizens; and

necessary to guarantee the stability of the national economy.

Article 2 (2) of the proposal states that the normative provisions referred to in paragraph (1) and

the measures are intended solely for the prevention, treatment of the human epidemic under the Regulation,

and to prevent or counteract its harmful effects. Subject to

Given the exceptional nature of the situation and the unpredictability of the measures required, the proposal does not

defines in a taxative way the scope of action and normalization that the Government

exercise.

6


Page 8

At the same time, the proposal sets out the purpose of the action and the creation of the norm

Subject to the Fundamental Law, the constitutional principles and the rule of law,

establishes a margin of maneuver for the Government required by the specific features of the human epidemic. THE

The provisions of Article 2 (2) of the proposal also ensure, by analogy, that the Government

take the necessary measures and consider the proportionality of the intervention.

Section 3

Article 3 of the proposal contains the authorization under Article 53 (3) of the Fundamental Law. THE

when defining the material and temporal limits of the authorization, the proposal shall take into account:

that Government measures and applicable standards are contained in several government decrees,

therefore, the scope of government decrees affected by the extension is their regulatory scope

and not merely by rigid reference. It is important that this

the authorization also applies to future Government action.

As regards the temporal scope of the delegation, the proposal is primarily geared to the situation

formulates a sufficiently abstract timeframe if the Parliament is in compliance with any COVID-19

human infectious disease epidemic in 2020 caused by infection

it shall not meet for related reasons, including in particular if the Parliament has a quorum

and is unable to sit and have a quorum due to COVID-19 infection

it is not sensible to control the spread of the epidemic. The proposal is therefore an emergency

until the date of its expiry, grant authorization pursuant to Article 53 (3) of the Fundamental Law,

however, Article 3 (2) of the proposal makes it clear that this decision may be revoked,

and, as appropriate, CXXX of 2010 on Legislation. Article 10 (3) of the Act

of the Constitution is also at the disposal of the Parliament.

It should be emphasized that at the forthcoming quorum meetings of the National Assembly the above mentioned

it is not necessary to decide whether to grant an authorization under the scheme – ex lege

– a decision is only necessary in the case of a request for the withdrawal of the authorization.

At the same time, it must be emphasized that the revocation of the mandate of the Parliament is

from the 16th day after the promulgation of certain government decrees containing measures

in accordance with Article 53 (3) of the Fundamental Law. Material scope of the authorization

and, further, the Parliament has the possibility of being passed only by the Government

with regard to certain measures taken.

In addition, Article 3 (3) of the proposal states that the Parliament shall enact the

Government Decrees issued after the entry into force of the Regulation until the entry into force of the proposal

affirms, thus, the parliament politically recognizes the Government so far, the epidemic

steps to prevent it.

Section 4

Bearing in mind that the measures determined by Parliament and the establishment of norms

the scope is broad or the scope of government decrees is not specifically defined in time,

7


Page 9

The proposal requires the Government to take action to deal with the emergency

Regular measures taken to maintain its scope at regular sessions of the Parliament – its

in the absence of the President of Parliament and the heads of the parliamentary groups –

provide information.

Section 5

Emphasizing that it is the supreme body for the protection of the Fundamental Law

The operation of the Constitutional Court in a special legal order is of particular interest to the a

the maintenance of a democratic state under the rule of law, of the constitutional order, of the internal legal system,

and to enforce the principle of separation of powers, the proposal requires that:

The President of the Constitutional Court and the Secretary-General of the Constitutional Court should arrange for the Constitutional Court

in emergency situations and take the necessary organizational steps

operational, administrative and decision-making measures.

The proposal thus offers the opportunity to ensure that a continuous meeting is provided

By way of derogation from the provisions in force governing the functioning of the Constitutional Court, it is

The President of the Constitutional Court or the Secretary-General of the Constitutional Court may do so. The proposal

explicitly refers to sitting using an electronic communication device

but not automatically, but solely by the Constitutional Court

at the discretion of its President. The Constitutional Court also has explicit jurisdiction

of the Constitutional Court to authorize a deviation from the Rules of Procedure of the Constitutional Court.

Section 6

Pursuant to Article 35 (4) of the Fundamental Law, the Representative Body – a cornerstone law

as defined – may declare its dissolution. According to the proposal – Article 31 of the Fundamental Law

(3) and Article 35 (4), there is a closed-loop rule of law

temporarily states whether it is local government or nationality

in the event of the dissolution of the municipal council, the effect of this decision is a

on the day following the cessation of the emergency. This also applies when

on Disaster Management and Amendments to Certain Associated Acts 2011

CXXVIII. on the basis of Section 46 para.

the mayor and the mayor of the capital and the county assembly,

exercised by the president of the county assembly.

On the above grounds, the Parliament is the representative body of nationality self-governments

it lays down those rules.

Also taking into account that during the electoral and referendum processes all

personal involvement of voters would be necessary, that is, the prevention of the human epidemic, and

would be seriously jeopardized. Given that these procedures

contain no emergency rules, the proposal provides that:

the electoral and referendum deadlines are interrupted in an emergency; and

8


Page 10

an interim or referendum may not be held, but the election is not held, or

the date of the referendum shall be set within fifteen days after the end of the emergency.

In addition, in view of the lack of choice already made, candidates must:

the referral sheets of the nominee organizations are returned to the election offices and the election

procedure law – subject to the electoral procedure

principles – be destroyed.

Section 7

The proposal, in order to deal promptly and effectively with the emergency, enters into force a

the day after publication.

Section 8

The proposal makes it dependent on the subsequent decision of the Parliament that if the Government:

establishes that the Emergency shall cease, shall be subject to the authorization law

outside, so the proposal does not apply the law to the actual existence of an emergency

tie.

Section 9

The proposal is subject to the Government’s detailed rules applicable to the special legal order

Article 2 on emergency action and normalization

Pursuant to Article 54 (4) of the Fundamental Law, Article 5 of the Constitutional Court concerning the operation of the Constitutional Court

under Article 24 (9) of the Fundamental Law, local authorities and nationalities

Article 6 para. Article 3 (3) and

Article 31 (3), as well as parliamentary, local and national self-government

(2) of the Basic Law on the XXIX. Article 3 (3), Article 2

(1) and Article 35 (1) of the Treaty shall be deemed to be essential.

Section 10

1. The legal status of MSDs is clear

it is particularly justified because the epidemic is a public threat law enforcer

in practice, it has features that are consistent with its uniform criteria. Public Criminal Danger

the application of the law means an objective situation in the existence of which you are indefinite

a greater number of people are injured in their lives, their physical integrity, or unpredictable

there is a realistic possibility of the destruction or damage of property of value

in.

The coronavirus is threatening potential and mass injuries throughout the country. This

quality justifies that, in some cases, coronavirus infection is also a public hazard

and where potential harm is brought to the fore by:

the emergence of the virus, both the fight against it and the public peace of mind

9


Page 11

enjoy greater protection.

The amendments to the Criminal Code are, on the one hand, spatial and temporal,

similar to the epidemic danger expressly stated in the Health Act

they call it criminal defense, such as that which applies in the event of a public threat.

On the other hand, the consequence of the epidemic is that it is virtually anywhere in the country

can appear massively and therefore the masses of society are more susceptible to the disturbance associated with it

and misrepresentation that can cause unrest, even with the public danger

requires the same criminal protection if the epidemic is to occur in space and time

cannot be concretized.

2. The dual enhanced protection of public security as described above, epidemiological

the new obstruction of defense orders the epidemic to be punished both legally and officially

active impediment to the execution of measures in the event of a particular threat. The sheer

greater risk than epidemic offenses and thus more severe punishment

The reason for this is that, in this case, the offense is not merely a formal offense

it also manifests itself in obstructing specific official defense. The facts do not appreciate

results in a failure of the defense, or

any confusion. Neither is the use of violence or the threat of facts what it is

leads to the consequence that it is directed against the official persons involved in the defense

violent or threatening behavior against an official is real

set is created. The dangerousness of the act to society is greatly enhanced by the group

an offense that significantly increases the effectiveness of the obstruction. In fact

the qualifying circumstance of a fatal outcome is essentially a unit of any type

obstructive behavior and careless killing; the dogmatic about it

demarcation criteria can be considered as established in case law. The most advanced

criminal law protection can be achieved by the legislator punctualizing the instrument by which it is present

case he wants to live.

3. The coronary epidemic forms the basis of a specific legal order for the whole country. The

it is difficult to distinguish between more general threats like this and public threats

the boundary can be reasonably defined for the protection of public peace,

that it is linked to the threat that is the cause of the general unrest throughout the country

public peace of mind is placed under criminal law protection irrespective of the place of the public danger.

This solution carries the clear message that if the threat is so serious that it is

it is therefore necessary to enact a special legal order, a criminal offense to protect public peace

the application of the facts cannot be made dependent on the threat to the masses being the country

which is concretized in its smaller areas. This is what the new second base case of scare news is about,

which extends the place where the scare news was spread to the whole country. This expresses the

most clearly, in the context of nation – wide defenses,

Freedom of expression should not include asserting or proclaiming knowingly untrue facts. THE

10


Page 12

however, the constitutional requirement of proportionality in criminal law requires defense

nor is it objectively affected by public peace

a practicing statement should not be punishable. The new base case does not include criminal law

result, the obstruction or frustration can also be determined a

is an offense and the offender is punishable, provided that the offense is one of these offenses

suitable for causing.

The protection of the special legal order from the circumstance underlying the special legal order

and its impact on the country. Emergency declared during coronavirus epidemic

affecting the country as a whole, the governmental measures involved in the defense of society are complete

The spectrum of health care is covered from health through education and border control

economic measures. At the same time, however, there is justification for this wide – ranging protected subject – matter

Enhanced criminal defense to address emergencies

claiming false and therefore disturbing facts is not successful

hátráltathassa.

The legal positioning of the facts justifies further regulation

the current epidemic situation should continue to exist for the duration of the special legal orders,

increased protection for public peace.

For Hungarian readers, here is the original  bill:

Hungary emergency Law, March 2020,

As we can see in this long text, migrants are considered as a potential threat, such as the coronavirus. The country has closed all its borders with other European ones.

As well-known, the nazi party is powerful now in Hungary. Orban’s government is a far-right one. This decision against the pandemic of coronavirus confirms it.

The European Commission considers it as a violation of the  Treaty of Lisbon,  especially its article 7; according to it, the well-being of all citizens shall be fundamental: their freedom of speech, and the rule of law must prevail inside the UE.OJ_C_2007_306_ Treaty of Lisbon,

Clearly, and to sum up, to avoid the spread of the coronavirus, Hungary is now a dictatorship, and no more a democracy.

I write this post to warm of the danger created inside a democratical system, the EU.

As European citizens, we are all concerned by this law.

And as a human rights activist, I raise my voice against it.


Advertisements

Leave a Reply