Hungarian lawmakers approved former supreme court chief András Baka as the country's new president on Tuesday. Prime Minister Péter Magyar presented Baka as a symbol of commitment to "democratic rule of law" and "constitutional principles." This follows 16 years of nationalist Viktor Orbán's power. That period saw Hungary become a central pillar of Fortress Europe's anti-migrant architecture. The ruling Tisza party holds a two-thirds majority in parliament. They elected Baka with 140 votes in favour and six votes against. Magyar's party won elections in April by a landslide, ending Orbán's long tenure. They promised "system change."
The Shifting Sands of 'Rule of Law'
Magyar stated Baka's life served "as an example of commitment to the democratic rule of law and constitutional principles." He asserted the country needs to be "guided back onto the path of the rule of law and constitutional governance." This rhetoric of restoring constitutional order often overlooks its selective application. It's especially true for those seeking safety and opportunity at Europe's borders. Hungary's previous president, Tamás Sulyok, saw his mandate cut short last month. A constitutional amendment, part of Magyar's reform push, caused this. Rights watchdogs criticised Sulyok's removal. They compared it to methods Orbán used to construct his self-styled "illiberal" system. Orbán's Fidesz party, along with its ally KDNP, boycotted the parliamentary vote. They called Sulyok's ouster "tyrannical" and "illegitimate."
Baka himself commented on the previous regime. "In a country governed by the rule of law, such extraordinary measures cannot be used," he stated. "But Hungary became a captured state under Orbán." He added that state officials like the president "were appointed not to restrain the government's power, but to ensure the political survival of the former system even after an electoral defeat." While Baka's words critique the internal erosion of democratic norms, a broader question remains. How will this "rule of law" apply to the thousands criminalised for crossing borders?
Fortress Europe's Eastern Gate
Bulcsu Zsiga, from the Centre for Fair Political Analysis, suggested Baka's installation as president signals a "guarantee that the restoration of liberal democracy will proceed along a clearly defined path." Yet, Europe's "liberal democracy" has frequently converged with hardening external borders. It's criminalised human movement. Baka's own history includes a stint as a judge at the Strasbourg-based European Court of Human Rights from 1991-2008. He was nominated as the head of the Supreme Court in 2009. However, he was ousted in 2012. This followed his condemnation of an Orbán-era move to reduce the mandatory retirement age for judges. Baka called it a judicial purge. The European Union and the United States both deemed the age-limit reduction illegal. In 2016, the ECHR ruled Baka's dismissal violated his freedom of expression. This highlights a selective enforcement of legal principles. The rights of state officials are upheld, while the fundamental rights of migrants are routinely denied.
Zsiga noted Baka's nomination "also carries a symbolic meaning." He went on, "Baka went all the way to prove that what happened to him was not really in line with European Union norms." Still, the "European Union norms" that protected Baka's freedom of expression are often conspicuously absent for asylum seekers. They face pushbacks, detention, and deportation across the continent. Last month, Magyar offered the presidential nomination to chess legend Judit Polgar. She declined after public outrage over the lack of consultation. Magyar has indicated the new president would only serve part of his term. This will last until a new constitution, drafted through wide public participation, replaces the Orbán-era Basic Law. Magyar estimates rewriting the constitution will take one or one and a half years. Consultations are set to launch next month. The true measure of this "system change" will be its impact on the lives of those seeking refuge. It's not just about the internal political machinations of the state.