Martin Behul – journalist of Aktuality.sk (Onet partner). He studied law at the Comenius University in Bratislava and journalism at the University of Constantine the Philosopher in Nitra.
Peter Magyar is slowly rebuilding Hungarian democracy after 16 years of Orbanism. After winning the elections, the parliament wants to deal with the activities of Hungarian President Tamas Sulyok.
President of Hungary Tamas SulyokSTR/NurPhoto via Getty Images / Contributor / Getty Images
“I repeated to him that in my eyes and in the eyes of the Hungarian people he is unworthy of embodying the unity of the Hungarian nation and incapable of ensuring the rule of law,” Magyar said in April after winning the elections.
“You have to leave and you will leave,” Magyar reacted on social media as prime minister after Sulyok said he saw no reason to resign.
He called the president a “puppet of a failed system,” which most Hungarians clearly rejected. “The Hungarian people see you as an obstacle to change and building a functional and human Hungary,” he claims.
According to a survey by the public opinion research institute 21 Kutatokozpont, as many as 78 percent people who want the Hungarian president to resign would be in favor of his dismissal by parliament if he did not do so himself. This represents 52 percent. the entire research sample. As many as 77% are in favor of this solution. voters of the TISHA Magyar party. Only less than one third of all respondents want the president not to resign and finish his term.
Magyar has only one problem – parliament can't just dismiss Sulyok. The constitution does not allow this.
Although the Hungarian president is elected by a constitutional majority of parliament (two-thirds), under the Constitution he can only be deprived of office if he intentionally violates the constitution or another law during his term of office. And even then, it's not at all simple.
The proceedings begin at the request of at least one fifth of the deputies, but must be approved by a constitutional majority, i.e. two thirds. TISZA has more than that, but the decision to deprive him of the president's office is decided only by the constitutional tribunal. The term of office of judges is 12 years, and Viktor Orban has been in power since 2010. It is therefore clear that all 15 were elected with Fidesz votes.
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Magyar also wants to replace them (as well as the prosecutor general), but this time he does not intend to delay the proceedings before the Constitutional Tribunal and risk defeat. He wants to use the constitutional majority to change the constitution and introduce the possibility of dismissing the president by parliament. This in itself wouldn't necessarily be a problem. The head of state would be dismissed by the body that elected him.
However, you don't need to be a law expert to see how easily this provision can be abused. The ability of parliament to dismiss the president does not necessarily protect democracy. In certain circumstances it may endanger her.
“The Hungarian Ministry of Justice and the government will make all decisions within the framework of the rule of law, while maintaining constitutional guarantees,” said the new Hungarian Minister of Justice, Marta Gorog, during a hearing before the Constitutional Committee. “Constitutional guarantees and guarantees of the rule of law will have priority,” he claims.
Compliance with constitutional guarantees will be relatively easy with a constitutional majority. If the constitution does not correspond to the intentions of the new government or directly interferes with them, the parliament will simply change it.
On the one hand, it is understandable how difficult it will be to restore liberal democracy and the rule of law in Hungary. After 16 years of Orbanism, this cannot be done without decisive steps.
However, Magyar is treading on shaky ground. Deliberate changes to the constitution are always dangerous. Moreover, they carry the risk that they may be used for purposes other than those originally intended by their creators.
And since Magyar himself admits that Sulyok was only Orban's puppet, and not the creator of an undemocratic system, a possible amendment to the constitution will have to formulate the possibility of dismissing the president broadly enough to include his “failures”. What Magyar intends to do in these circumstances looks like introducing another counterweight to the system of separation of powers.
If Viktor Orban were to introduce the same changes, it would seem like removing another safeguard that is supposed to protect democracy. For this reason, we should evaluate Magyar's moves in the same way.
“TISZA should give Hungary the opportunity to dismiss the president by popular vote”
Calling the head of state from the position of prime minister to step down and giving him an ultimatum is not an element we would like to see in a democracy based on the cooperation of constitutional entities. If Orban did this, it would be considered authoritarian or dictatorial behavior. And appealing to the will of the people with such serious interference in the constitution is a dangerous path.
We do not call politicians who appeal solely to the will of the people democrats, but populists. Populists think that only they represent society, know what it really wants, and this even entitles them to change the constitution. One populist has already ruled in Hungary for 16 years. Hungarians can change the constitution in another way. If the Hungarian people really believe that Sulyok has failed, let them decide for themselves.
TISZA should give Hungary the opportunity to dismiss the president by popular vote. The Hungarian constitution should also include a provision that if the people do not dismiss the president, the head of state will dissolve the parliament. Power should come with responsibility, even if you have a constitutional majority. Otherwise, democracy is not renewed, but rather adapted to one's own needs.
Peter Magyar and all other Hungarians should remember this when the euphoria associated with the change of government fades in the country.
I’m Ashley Davis as an editor, I’m committed to upholding the highest standards of integrity and accuracy in every piece we publish. My work is driven by curiosity, a passion for truth, and a belief that journalism plays a crucial role in shaping public discourse. I strive to tell stories that not only inform but also inspire action and conversation.
