Hungary has become in the last few weeks one of a symbol. At the protests against the proposed judicial reforms and on television studios, people have been discussing how Israel is becoming like Hungary and comparing Prime Minister Benjamin Netanyahu to Hungary's prime minister, Viktor Orbán. Orbán is presented as an unrestrained political leader who consistently works to destroy Hungary's democracy and replace it with an authoritarian regime, a kind of dictatorship.
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Hungary is described as a country whose judicial system's independence was eliminated through a provision of the constitution adopted under Orbán's government in 2011. The Opposition has attacked Netanyahu in the past for his good relations with Orbán, who has been accused of antisemitism. The conservative Hungarian government, which has served continuously since 2010, has created many legislative initiatives in different fields – related to law, media, or rights of the LGBT community – and has been greatly criticized by the European Union. Over many years this criticism has strengthened the anti-Orbán movement and many see Hungary under his rule as a country that is entering a dark period. However, is that truly the situation in Hungary and can it even be compared to Israel?
Crossing the Lines
The story of Katalin Szili's life includes a time span that shows the many changes Hungary has undergone in recent decades. Szili, 66, who holds a PhD in law, is considered one of the leading left-wing figures in Hungary. The left-wing party has been in the opposition for about 13 years and is finding it very difficult to create a viable alternative to Orbán and his party, Fidesz, who won the last four elections with a majority – two-thirds of the parliament's delegates, which has allowed Orbán to easily introduce reforms that correspond to his conservative worldview.
In the 1980s, at the beginning of her professional and political career, Szili was a member of the Hungarian Socialist Workers' Party – the ruling communist party.
With the fall of the communist regime in 1989, she was one of the founders of the Hungarian Socialist Party, which succeeded the previous political party in power and appeared to be social democratic. After the socialists returned to power in the 2002 elections, Szili was appointed speaker of the National Assembly.
In 2005, she was nominated by the party to be the president of Hungary, but she did not win the election because she was unable to form a coalition. She left the Socialist Party right before its crushing defeat in the 2010 election and was elected to parliament as an independent candidate. She then joined the organization called the National Consultation, which was established by Orbán for the purpose of drafting the new constitution. The socialists, from the opposition benches, opposed the initiative to draw up a new constitution and boycotted the debates on it. Since then, Szili has established two political parties – the Socialist Union and the Community for Social Justice – which did not pass the 5% threshold. After the refugee crisis in 2015, Szilli began to publicly support Orbán for his stance on curbing mass immigration, even though she is not a member of his party.
"It was important – for me and on behalf of all Hungarians – to have a constitution (in Hungarian it is referring to a "basic law") – that is modern and beneficial for our country", Szili explains in an interview with Israel Hayom about the decision to leave the political camp she came from and take part in the formation of the constitution with someone who used to be her political opponent.
"My main consideration was the good of the country. After the right won the election in 2010, the Opposition refused to participate in the process of drafting the constitution. The constitution that existed at that point had been adopted under the communist regime in 1949 and amended several times. Some 20 years after the democratic revolution in Hungary, the constitution from a completely different regime was the base of our society and our entire judicial system. Therefore, it is understandable that the right-wing political parties in power made use of the two-thirds majority they had in parliament, which was required in order to make changes to the constitution according to the previous constitution.
"The country needed a completely new social contract as a stable base for Hungary in the 21st century. The new constitution created completely new regulations, even regarding basic spiritual principles, and has provided a modern cohesive structure in a country with 1,000 years of history. The basic law includes clauses that are crucial today, that in addition to the separation of powers, ensure the country is viable."
Q: Since the constitution was adopted about a decade ago, Hungary has been criticized for losing its democratic nature in favor of an authoritarian regime. Does the claim truly reflect the situation in Hungary?
"There is no authoritarian regime in Hungary. Hungary did not lose its democratic character. That claim is heard from the opposition – they try to hide their weaknesses in Hungary and abroad. The reason that the opposition constantly looks to the neo-liberal community is that they are unable to change their policies to become accepted in Hungarian society. The fact that since 2010 the Fidesz coalition and the Christian Democrats in Hungary and Viktor Orbán succeeded in gaining the support of more than two-thirds of the public and has been consecutively voted in for four election periods, speaks for itself. I will emphasize again: This criticism is simply criticism from a very divided opposition who are unable to speak to the people and regain the public's trust, so they feel helpless".
Q: How does the parliament currently influence the judicial system? How are judges appointed here?
"The judicial system carries out its activities based on the legislation of the parliament. The parliament elects the president of the Constitutional Court, the role includes being the highest in the judicial hierarchy as well as the president of the Supreme Court. The other judges are appointed by the President of the Parliament. The judges' independence is guaranteed in two separate ways. The constitution explicitly states that judges are independent and subject only to the law and it is forbidden for others to dictate how judges perform their role. Judges cannot be members of any political party or be involved in any political activity."
Q: What is the effect of the Constitutional Court on laws passed in parliament and on government decisions?
"I can quote the relevant constitutional clauses, that discuss the role of the constitutional court as a guarantee for the protection of the constitution. Therefore, it is possible for the constitutional court to discuss laws that have been adopted but have not yet taken effect either at the initiative of a judge or based on a constitutional complaint that can come from the government, members of parliament, the attorney general or the president of the Supreme Court. The regulation also promises that the constitutional court will not only examine the compatibility between new laws and the constitution but also ensures these laws are not in conflict with international treaties."
Q: Is it necessary to change the current separation of powers because of pressure from the European Union?
"The constitution clearly talks about the separation of powers in Hungary and created a system of checks and balances. The criticism, as I already mentioned, comes mainly from the opposition since most of the population voted in favor of the party, more than two thirds, and that is, a constitutional majority – this was true even in the last election in 2022. It's why they criticize the rule of law and democracy. People in Europe like to criticize and hear criticism about the conservative Hungarian government, and it hides the ineffectiveness of the opposition."
"Hungary is not Israel"
I met Dr. Gustav Beinert, a jurist, consultant to international companies, a former senior official of the Hungarian Football League, and a member of the FIFA Legal Committee, at the "Groupama" stadium of the Ferencvárosi Torna Club. The team has already won 33 Hungarian championships in football and is also at the top of the local league, most likely on its way to winning another title. Beinert, who is Jewish, is also a member of the board of the club, which was founded in 1899 and whose first president – Franz Springer – was Jewish. However, FTC is not considered to be the "Jewish club" of Budapest. This title was reserved for MTK – a rival team.
"There are many differences between Hungary and Israel," he states. "We must acknowledge Hungary's historical background. In 1945, Hungary was liberated from the Germans and then was occupied again by the Soviet Union. For 10 years Hungary was not an independent country. After the anti-communist uprising in 1956, Hungary was considered more liberal when compared to other Eastern European countries. This was called "Goulash Communism" – relative flexibility in the economic field, and complete inflexibility in foreign policy, and defense. In 1989, Hungary allowed refugees from East Germany to pass through it to the West – making it the first country to contribute to the fall of the Berlin Wall. When the political system changed in 1990, with the fall of the communist regime, the communist infrastructure remained intact – especially the Left's tight control of the economy and the media, since the political transformation in Hungary from dictatorship to democracy was non-violent and carried out through negotiations between the parties.
"The first democratic government took care of problems across numerous domains – economic, social, and political. When the government changed after four years, the communists and socialists returned to power for the first time. The left-wing monopoly, especially in the media, was left undisturbed. When Orbán was elected prime minister for the first time in 1998, he started to make many changes; however, he didn't successfully finish what he started after he lost the election in 2002 and the socialists return to power. Those in the center-right camp were shocked by the election results as Orban's term in office was considered successful and almost all polls predicted another victory for him. In 2006, there was the infamous tape-recording incident, in which the socialist prime minister at the time was recorded saying that his government had been lying to the public. This caused the earthquake, that resulted in Orbán being reelected in 2010 with a two-thirds majority. Since then, in the 2014, 2018, and 2022 elections, Orbán has maintained the election majority.
"Hungary has been attracting more foreign investment in recent years than in the past. There are huge investments coming from Germany, China, and the US. Large multinational companies are happy to work here. In terms of foreign investment in Hungary, foreign companies are completely satisfied with government policy and employment laws. They have no complaints – on the contrary."
Beinert emphasizes, that following a review by the Venice Commission– an advisory body to the European Union for constitutional changes – certain sections of the constitution were changed, but not the core of the document. Since 2021, the Venice Commission has published 21 critical opinions on constitutional amendments and reforms passed by Orbán's government – including the Child Protection Law, which prohibits including content about sexual orientation and gender identity in the education system and the definition of a family in which the mother is a woman and the father is a man as the basis for the nation's survival, hastily changing the election system during the state of emergency declared in Hungary due to the COVID-19 pandemic without consulting the nation's constituents, and issues related to the status and salary of judges. These opinions formed the basis of the EU Commission's decision to activate Article 7 of the Treaty of the European Union for the first time, which allows sanctions to be imposed on member states that violate fundamental values of the European Union and freeze urgent aid funds amounting to billions of euros to Hungary. As Hungary is struggling with its difficult economic situation, which has worsened with the Ukraine war, the government in Budapest is working slowly and quietly to meet the demands of the European Union.
The current confrontation between the European Union and Hungary stems from the bureaucrats in Brussels' assumption that there is a state of democratic devaluation in Hungary, devaluation of the independence of the courts, and accusations of corruption regarding funds received from the European Union", Beinert explains, "and I must add a personal element to this: we have a very charismatic prime minister, who has been in office for many years. This is his fifth term in office, and he will not accept large countries in the EU – like Germany and France – patronizing small countries.
"During the immigration crisis, Orbán was the only European leader who had completely differing views on the issue, contrary to Germany's 'culture of hospitality'. This created many conflicts with the European Union, especially since people have realized that Orbán was right in his opposition. Hungary is a full member of the European Union and NATO, and we are not shy to express our opinions, even when there is a need for unanimous agreement on important issues. This sometimes complicates things. The Hungarian government protects what it considers to be Hungary's national interests.'
Investments are flowing
Beinert mentions, that Hungary was also under a major attack in 2012, after the adoption of the new media regulation which was designed to achieve the government's goal of creating competition in the media and promise of it being balanced politically. In the latest report on freedom of the press by the organization Reporters Without Borders, which is written in Paris, Hungary was placed 85th out of 180 countries. Israel, by the way, is in 86th place. The report emphasized that the power Orbán and his political party have control of not only Hungarian public broadcasting but also in the "media empire" –"The Central European Journalism and Communication Foundation" – which operates about 500 national and local media outlets to "those who serve the government". The report emphasizes that independent media outlets hold central positions in the media market in the national arena, even though they are subject to political, economic, and regulatory pressures.
"Today the media in Hungary is much more diverse and balanced", Beinert claims, "the opposition has their own newspapers, their own television stations. The public has access to many different opinions, although extreme views – from the Right and the Left, are prohibited. There are large demonstrations in the streets against the government. At the time, there were demonstrations against the internet tax which was planned by the government but was canceled. Now teachers are protesting for a raise. It is a fully democratic country. You can criticize the government in the media and on the street.
"The opposition in Hungary is very divided. However, three years ago in the municipal elections, the opposition united and managed to defeat Fidesz in Budapest and other large cities. Therefore, people cannot claim that Hungary's governmental system is monolithic. The fact that the government received a two-thirds majority in free and democratic general elections for the fourth time in a row is hard for the Opposition to accept and for liberals in Europe to swallow. The fact that the majority overwhelmingly support the prime minister grants him flexibility in running the country.
"Orbán was a European Union leader who had completely different ideas about the refugee crisis and opposed Germany's 'culture of hospitality'. This resulted in numerous clashes with the EU, especially since people have realized that Orbán was right in his opposition."
"Hungary is very different than most other countries, including Israel, in that it has a unique political and parliamentary structure. The government is also unique in conducting referendums. The population is asked its stance on various issues. These are not legally valid referendums, but rather they are trying to understand the public's 'political wishes', it is a means that the government uses to appeal directly to the public between elections. For example, the most recent referendum on the sanctions against Russia. The government initiated a referendum to find out the people's position. Some 1.4 million people participated in the poll (only about 17% of all those with the right to vote in Hungary, 97% of the participants expressed opposition to sanctions against Russia). This result gave the government public legitimacy in its opposition to the sanctions."
Q: Are multinational companies boycotting Hungary because of the claim that it is no longer a democracy?
"Not at all. In the last few years, Hungary has attracted increasing amounts of foreign investments. These large investments have come from Germany, China, and the US. Large multinational corporations are happy to work here. The German company 'Bosch' opened a large R&D center here, 'Audi' has sizeable investments also in the fields of research and development, BMW is building a large factory for electric vehicles in Eastern Hungary. Chinese investors, competing with Germany, are investing here in the development of car batteries. Foreign multinational corporations investing in Hungary are content with the government's policies and employment laws. They don't have any complaints – if anything, the opposite. Hungary is still cheaper than other countries, employment laws here encourage investments, and there's a lot of talent."
Additionally, Israeli tourists continue traveling to Hungary – mainly to Budapest, despite the threatening claims of the opposition about what is allegedly happening here. Since the end of the Covid-19 pandemic, hundreds of thousands of Israelis have flocked to Hungary. "Budapest has become one of the safest cities in Europe for Jews and for Israelis", says Rabbi Shlomo Koves, of the Chabad movement, who is the rabbi of the Unified Hungarian Jewish Congregation (EMIH) and Hungary's chief military rabbi.
"Despite that many Jewish Hungarians identify with the left and liberal political parties, there has not been a mass departure of Jews from the country. Annually there have been around 50 - 60 anti-Semitic attacks, mainly verbal assaults. That does not mean that there is no antisemitic sentiment among Hungarians. The government's positions aren't perfect either: It is hard for Hungarians to accept their role in the Holocaust and the government-backed antisemitism in the 1920s and 1930s before WWII.
"However, Orbán's government has made significant progress in the fight against antisemitism, they passed a law against Holocaust denial, and with our initiative a statement was included in the constitution that states that violating the right of minorities is a civil offense, we went through the school textbooks together and made corrections in content concerning Judaism. Some of the corrections included the Jewish role in the German experience, the holocaust, and modern Israel. Two-thirds of our recommendations were adopted. The government's pro-Israel approach affects the general atmosphere in the country. Orbán does not hide his good relationship with Israel. He even stated on one of his bi-weekly radio broadcasts that Israel is a role model for Hungary."
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