Governing without being in power? : controversial promises for a new transition to the rule of law in Hungary

Abstract

After 12 years of the governance of the national-conservative Fidesz in Hungary, from 2020 on, there seemed to be a real chance that the united opposition would win the election in Spring 2022. But even if the current opposition governs, either from 2022 or later it will face serious problems about really being in power, as Fidesz cemented all significant rules, institutions and positions into the constitution and cardinal laws. These can only be amended with a two-thirds majority in parliament, and it is very unlikely that the opposition could win such a large majority. A unique situation is likely to occur within the European Union (EU): a member state will be facing dilemmas of constitutional transition, while as an EU-member, it was not (and could not be) considered as a dictatorship, from which exceptional transitions are the only way out. This article argues why a new government should avoid illegitimate constitution making or constitution amending without the required majority at all costs and suggests alternative solutions for living with ‘Fidesz’s constitution’.