By Madeline Schiesser
Impunity Watch Reporter, Europe

BUDAPEST, Hungary – Despite protests in the capital city throughout the weekend, Hungary’s parliament voted to pass an amendment Monday which critics say amounts to an attack on democracy.  The amendment, the fourth to Hungary’s 14-month-old constitution, will limit the ability of Hungary’s Constitutional Court to Challenge new laws as well as effectively annul all decisions made by the Court since January 2012.  Rolling back the Court’s decisions will bring back a narrow definition of marriage as a heterosexual union, a ban on sleeping on the streets, a requirement for students who accept state scholarships to stay in Hungary, and a ban on political campaign adverts in private media.

The European Union and United States expressed concern over the effects the amendment would have on the independent judiciary, the latter saying the amendment deserved “closer scrutiny and more deliberate consideration”.  The Council of Europe (an independent human rights body) urged for delays to allow legal experts time to examine the amendment, claiming the amendment “raise[s] concerns with respect to the principle of the rule of law, EU law and Council of Europe standards.”  However, members of Prime Minister Viktor Orbán’s Fidesz ruling party remained persistent, and passed the amendment.

MP Antal Rogan declared in a speech in the chamber: “We won’t allow either any international business lobby or the political forces that speak on their behalf to interfere with the decisions of the Hungarian parliament.”

The amendment, passed by the Fidesz party, which has a two-thirds majority, says that the Constitutional Court will no longer be able to overturn laws passed in parliament with a two-thirds majority and enshrined in the constitution.  Rather, the court will only have the power to review cases on procedural grounds.  PM Orbán explained that the amendment would create an “irreversible” situation in which parliament’s role in protecting the constitution supersedes that of the Constitutional Court.

Furthermore, the president’s veto power has been removed and he will be obliged to sign amendments, except when there is an objection on procedural grounds.

“When they lay down in the constitution how those who have nowhere to go may or may not sleep on the street then we need to ask whether it’s us protesters who have gone crazy or those who write the constitution,” opposition activist Miklos Tamas Gaspar said.

The EU may decide Thursday, when heads of state are scheduled to gather in Brussels, whether to take action. Although the EU has the power to strip a country of voting rights, doing so is a laborious process.

Rui Tavares, a Portuguese MEP, stressed the importance ensuring Hungary’s new constitution remains compatible with European values: “You have to ensure that the judiciary in every member state is compatible with these values we have in the treaties.”

For further information, please see:

Al Jazeera – Hungary amends constitution despite warning – 11 March 2013

The Independent – Hungary Erupts in Protest after PM Viktor Orbán is Accused of Assault on Democracy – 11 March 2013

The Independent – Hungary Votes Yes Over Change to Constitution Despite Human Rights Concerns – 11 March 2013

Xpatloop – EC Prepared To Enforce EU Law In Hungary – 11 March 2013