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12 Italian J. Pub. L. 204 (2020)
The Fall of the Rule of Law in Hungary and the Complicity of the EU

handle is hein.journals/itajpul12 and id is 207 raw text is: 






      THE  FALL  OF  THE  RULE  OF  LAW  IN  HUNGARY
            AND   THE  COMPLICITY OF THE EU


                        Gdbor Halmai*





      Abstract
      Hungary  was  one of the first and most thorough political
transitions after 1989, which due the  negotiated 'rule of law
revolution'1 provided all the institutional elements of liberal
constitutional democracy: rule of law, checks and balances and
guaranteed fundamental  rights. Hungary also represents the first,
and probably the model case, of backsliding to an illiberal system
dismantling the rule of law. The current Hungarian state of affairs
was made  possible by the governing Fidesz party's 2010 electoral
victory, called by Prime Minister and party leader Viktor Orbdn as
a 'revolution of the ballot boxes.' As I will argue in this paper the
European   Union   is also  complicit in  tolerating the  first
authoritarian member state of the European Union



TABLE  OF  CONTENTS
1. The Rule of Law 'Counter-Revolution' of 2010..........................205
2. EU Attempts to Cope with the Rule of Law
   Situation in Hungary.....................................................................208
3. Counterarguments to Value Conditionality...............................218
4. Conclusion........................................................................................221





* Full Professor and Chair of Comparative Constitutional Law, European
University Institute, Department of Law, Florence.

1 See the term used by the first Constitutional Court in its decision 11/1992. (III.
5.) AB.

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