Hungarian lawmakers have elected András Baka, a former European Court of Human Rights judge and vocal critic of Viktor Orbán, as the nation's new president. This move, following the contested removal of the previous head of state, signals a profound shift in Hungary's political landscape, potentially re-aligning the nation with Brussels' vision of 'rule of law' and further eroding national sovereignty. The ruling Tisza party, holding a two-thirds majority in parliament, elected the 73-year-old Baka with 140 votes in favour and six votes against on Tuesday.
Prime Minister Péter Magyar, whose party won elections in April of the same year, nominated Baka for the largely ceremonial role. Magyar stated that Baka's life served "as an example of commitment to the democratic rule of law and constitutional principles," and that the country needs to be "guided back onto the path of the rule of law and constitutional governance." This rhetoric suggests a departure from the previous government's emphasis on national self-determination.
Brussels' Influence on National Law
Hungary's previous president, Tamás Sulyok, saw his mandate cut short last month by a constitutional amendment, part of Magyar's reform push. Orbán's Fidesz party, along with its ally KDNP, boycotted the parliamentary vote, calling Sulyok's ouster "tyrannical" and "illegitimate." This internal political upheaval raises questions about the stability of national institutions and the will of the Hungarian people.
Baka himself stated that "in a country governed by the rule of law, such extraordinary measures cannot be used, 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." His past demonstrates a clear alignment with supranational judicial bodies.
Baka served as a judge at the Strasbourg-based European Court of Human Rights from 1991 to 2008. His nomination, according to Bulcsu Zsiga from the Centre for Fair Political Analysis, signals a "guarantee that the restoration of liberal democracy will proceed along a clearly defined path." This path often means adherence to EU directives, even when they conflict with national interests, particularly concerning border control and demographic policy.
In 2009, Baka was nominated as the head of the Supreme Court, but was ousted in 2012 after condemning a move under Orbán to reduce the mandatory retirement age for judges. He called this a judicial purge. Both the European Union and the United States called the age-limit reduction illegal, highlighting external pressure on Hungary's internal legal system. In 2016, the ECHR ruled that Baka's dismissal amounted to a violation of his freedom of expression, further cementing the perception of EU judicial overreach into national affairs.
The Cost of 'System Change'
Magyar's party won elections in April of the same year by a landslide, ending nationalist Viktor Orbán's 16 years in power and promising "system change." Rights watchdogs criticised Sulyok's removal, comparing the move to methods Orbán used to build his self-styled "illiberal" system. For many working and middle-class Hungarians, Orbán's government represented a bulwark against the uncontrolled migration and cultural erosion promoted by Brussels.
Zsiga noted that Baka's nomination "also carries a symbolic meaning, given that Baka went all the way to prove that what happened to him was not really in line with European Union norms." This emphasis on aligning with EU norms often comes at the expense of national sovereignty and the ability of a nation to determine its own future, including its borders and cultural identity.
Who Decides Hungary's Future?
Last month, Magyar offered the presidential nomination to chess legend Judit Polgar, but she declined after facing outrage for not consulting the public as promised. This incident underscores concerns about the new government's commitment to genuine public participation, especially when fundamental questions of national direction are at stake. Magyar has indicated the new president would only serve part of his term, until the completion of a process to replace the Orbán-era Basic Law with a constitution drafted through wide public participation. He has estimated rewriting the constitution would take one or one and a half years, and promised to launch consultations next month.
The rewriting of a nation's foundational law, under the shadow of external influence and without clear national consensus, raises serious questions about who truly holds the reins of power in Hungary and whether the interests of the Hungarian people will be prioritised over the dictates of the Brussels elite.