Hungarian constitutional developments and measures to protect the rule of law in Europe

L’evoluzione costituzionale ungherese e le misure di protezione della rule of law in Europa

Abstract

The essay analyses the constitutional developments in Hungary since 2010 comparing them with those occurring in Poland in the last 4 years. The comparison highlights
both similarities and differences in the current constitutional ‘involution’ of the two countries considering especially the impact on the constitution and the role played by constitutional courts. Constitutional regressions are considered in the overall framework of EU democratic conditionality and the measures to deal with the rule of law crisis.

Keywords: Hungary; rule of law; EU democratic conditionality; constitutional courts; democratic backsliding