MTA Law Working Papers

A Jogtudományi Intézet műhelytanulmányai

Bárd Petra - Koncsik Anita - Körtvélyesi Zsolt: Tactics Against Criticism of Autocratization - The Hungarian Government and the EU’s Prolonged Toleration

This paper seeks to expose and take inventory of the different arguments that have been used to shield developments in Hungary from European criticism, sometimes in the form of diverting international attention from crucial aspects of developments in Hungary. Scholars and decision-makers falling prey to illiberal tactics of misusing argument in the rule of law debate. It is high time to have an inventory of such arguments, exposing the inconsistencies and often outright falsehoods; also because it is these tactics that can explain, in part, the successful coexistence of EU membership, with its benefits liked continued money transfers and mutual recognition of judgments, and serious deviations from common core values. The full series: The Crisis of the Rule of Law, Democracy and Fundamental Rights in Hungary (Paper I: 2022/4) – Tactics Against Criticism of Autocratization. The Hungarian Government and the EU’s Prolonged Toleration (Paper II: 2022/5) – Inventing Constitutional Identity in Hungary (Paper III: 2022/6) – The Hungarian Constitutional Court and the Abusive Constitutionalism (Paper IV: 2022/7) – Is the EU Toothless? An Assessment of the Rule of Law Enforcement Toolkit (Paper V: 2022/8) – The CJEU and the ECtHR – High Hopes or Wishful Thinking? (Paper VI: forthcoming) – The Changes Undermining the Functioning of a Constitutional Democracy (Paper VII: 2022/9)