PerspectiveThreats to Democracy Spread with the Virus, We Must Keep Both in Check

Published 2 April 2020

As the coronavirus pandemic has spread, governments have responded predictably to the threat by agitating for increased authority. Melissa Hooper writes that the worst of these, the Hungarian proposal, was easily enacted into law on Tuesday, “setting a terrible precedent for other countries, in the West and around the world.” She adds: “Under the legislation, Hungary’s parliament will be disempowered in favor of rule by executive decree. The parliament now loses the ability to check the power of Viktor Orbán and his executive branch. Since the Fidesz government has hamstrung its court system, already limiting judicial oversight, this would remove the last obstacle to a dictatorial government. This is especially true since expanded executive power will be granted indefinitely: The bill has no sunset clause.”

As the coronavirus pandemic has spread, governments have responded predictably to the threat by agitating for increased authority. Melissa Hooper writes in Just Security that the worst of these, the Hungarian proposal, was easily enacted into law on Tuesday, “setting a terrible precedent for other countries, in the West and around the world.”

She notes that at a time when democracy and rule of law are already weakened, these assertions of power should raise serious concerns, as leaders seek greater power in the short term without pausing to consider possible effects in the long term.

Currently, the governments of several countries have activated emergency powers, under truncated timeframes. Hopper writes that the forms of these proposals vary widely, expanding economic powers, detention and legal authority, or power to combat disinformation.

She adds:

By far the most concerning proposal to date is Hungary’s. Initially considered for fast-tracked approval on March 23, the bill failed because it lacked votes from opposition parties. It was then brought up using standard procedures for a vote yesterday, 31 March, passed, and was signed. No opposition votes were needed for it to pass on a standard vote.

This is concerning, because its provisions are severe. Under the legislation, Hungary’s parliament will be disempowered in favor of rule by executive decree. The parliament now loses the ability to check the power of Viktor Orbán and his executive branch. Since the Fidesz government has hamstrung its court system, already limiting judicial oversight, this would remove the last obstacle to a dictatorial government. This is especially true since expanded executive power will be granted indefinitely: The bill has no sunset clause.

This legislation is a dream come true for wanna-be dictator Orbán, who has already rewritten Hungary’s constitution to consolidate power, taken over the constitutional court, and decimated independent media. There remains little, if anything, standing between Orbán and authoritarian rule, a serious risk to security within the EU and NATO. This risk was pointed out by both Democratic and Republican leadership of both House Foreign Affairs and Senate Foreign Relations. It also sends a harmful message to other countries in Europe and the West that power grabs in the name of emergency response are okay.