‘Before the term “liberal” became ideological, it referred to much more general, non-political characteristics: open-mindedness, generosity, and the like…Liberalism, however, marked the triumphant beginnings of modernity, which aimed to create a political morality called “the conception of rational choice as the generator of political order”.’
Commenting on the European Court of Justice’s recent ruling against Hungary, Professor Allan opined that the Court’s ‘interpretive approach to reading the underlying legal materials is living constitutionalism on steroids.’ He added: ‘If it were an American court or a Canadian court doing it, I’d say they’re making it up at the point of application, they’re just making the law up. When that starts happening it’s very difficult to know how to deal with it.’
‘From a sovereigntist standpoint, we need a rule of law conception that doesn’t concede any authority over domestic affairs to supranational organizations and international bureaucracies. Eurocrats instrumentalize courts to promote their federalist agenda through seemingly neutral rulings about the rule of law. A sovereigntist approach to the rule of law should also include the protection of national courts’ authority. We need a rule of law conception that protects national constitutional identity.’
‘States are free to reject decisions or judgements that are inconsistent with the treaties they signed,’ Senior Research Fellow at the European Centre for Law and Justice Nicolas Bauer told Hungarian Conservative.
According to Nikola Kedhi, Chairman of the Board of Directors at the Albanian Policy Center, defending a nation’s sovereignty requires a constant battle in the media, academia, and the political field.
‘The rule of law’s conceptional imperfection makes it a perfect weapon, horribile dictu, a substantive lawfare.’
‘I firmly believe the EU is in dire need of a rule of law instrument but this instrument should be turned upside down. It should guarantee that the principle of rule of law developed and applied in Member States is similarly implemented in the activities of EU institutions.’
‘Being a conservative in Berkeley is like you’re surrounded by Marxists. I think sometimes Hungary feels the same, surrounded by these European progressive elites,’ John Yoo, former US government official and Emanuel S. Heller Professor of Law at the University of California, Berkeley stated in an interview with Hungarian Conservative.
Day 2 of the Rule of Law as Lawfare Conference featured speeches by István Stumpf, a former justice on the Constitutional Court of Hungary, Aleksander Stępkowski, Supreme Court of Poland justice, and Dr Reinhard Merkel, law professor at Universität Hamburg.
On the first day of the Rule of Law as Lawfare Conference experts such as Minister of European Union Affairs János Bóka of Hungary and MEP Ryszard Legutko of Poland discussed how the legal concept of the rule of law has been turned into a political weapon by EU bodies, and analysed the double standards applied to different Member States with rule of law assessment procedures.
‘Germany’s slow and opaque stance on helping Ukraine in its war against the Russian invasion can also be seen as reactive rather than proactive…One reason for Germany’s caution is of course a certain degree of self-consciousness—the country that produced Nazism wants to be seen as kind and respectful, not powerful or dominant. Yet all others know that it is indeed powerful, and interpret even Germany’s silence.’
‘We can only hope that the debates concerning the future of the EU will increasingly focus on the goals, and that European politicians will emerge who can formulate them with the faith and courage of the Founding Fathers, ensuring at the same time that the EU remains a community of peace, prosperity, and solidarity.’
‘In Hungary, most of society and the government view the state of democracy operating in the institutions of the EU with growing concern and mounting criticism. This mutual criticism increasingly defines the relationship between Hungary and the system of EU institutions in Brussels.’
Despite minimal action from the Polish government under Donald Tusk, the European Commission has chosen to conclude the Article 7 procedure against Poland. This serves as another clear example of the double standards that Brussels applies to member states.
‘Democracy, as a concept, is inherently subject to interpretation and enforcement from within. This underscores the imperative: political disputes find resolution within domestic arenas and nowhere else, and unwavering loyalty is owed solely to one’s political adversaries, without allegiance to any foreign entity.’
‘The unfreezing of funds is a turning point in the EU–Poland relationship—one that had become very strained in recent years—and of course a major political success for the new cabinet. But that is not the only reason why the Commission decision is so instructive: the damage to the rule of law in Poland, which was so widely reported on in the European press in recent years, appears to have been reversed in less than two months, to the extent that the European Commission was willing to waive the withholding of EU funds, which is undoubtedly a very effective tool for blackmailing reluctant member states.’
‘An optimistic scenario is that the coming years in opposition would be used by conservative forces in Poland similarly to what Viktor Orbán and his camp did during the years 2002–2010 spent in opposition.’
‘‘‘More power to Brussels! Down with the nations!’’ is the motto that best describes what the Commission and the EP agree on. As for the differences in opinion, they are only rooted in the question of where exactly in Brussels the power that has been taken from the Member States should be concentrated.’
According to POLITICO, Slovakia may soon find itself undergoing a rule of law procedure, possibly leading to the European Commission deciding to freeze EU funds due to the Central European state. The contrasting paths of Robert Fico and Donald Tusk serve as a clear illustration of Brussels’ ideological warfare on member states that refuse to surrender their national sovereignty.
While Hungarian MEPs from liberal opposition parties have supported the Erasmus ban penalizing their fellow Hungarians, Fidesz MEP Andrea Bocskor is fighting hard to get students and teachers back into the programme and thus help their academic careers.
The President greeted the Hungarian people of the Carpathian Basin and the world. He recalled that he had not planned this service, nor had he prepared for this task, but noted that ‘if fate presents unexpected situations and calls for service, one must not shy away from it.’
In Scruton’s philosophy…the social practice of legislation and jurisdiction could not be realized outside the national framework, because—regardless to their origins—the interpretation and the enforcement of the set of legal rules and moral duties, even human rights, are bound to nation states…
Ursula von der Leyen has announced her intention to be the candidate of the European People’s Party for a new term leading the European Commission. However, the EPP leadership intends to change the policy Von der Leyen has pursued for the past five years.
In essence, Europe needs Poland and Hungary, Polish MEP Ryszard Czarnecki argues. An interview about double standards, rule of law concerns about the Tusk administration, and the key role of conservative journalists and experts in the conservative European realignment.
Hungary’s voting rights in the EU could be suspended if it does not vote in favour of a proposal to amend the EU’s multiannual budget to give Ukraine €50 billion in aid from the common European budget over the next five years.
A Woke Europe presents two existential threats to its foundational values and to the sustainability of all that it has contributed to civilization. These two threats are, firstly, ideological and, secondly, a pivoting away from peace and toward militarization.
Despite the attack on public media and the political imprisonment of former government members, the Polish government led by Donald Tusk could soon gain access to some of the EU funds that were frozen due to concerns about the rule of law.
After Poland’s left-wing government launched an overt campaign against the country’s public media, Spanish Socialist Prime Minister Pedro Sánchez is attempting to ban opposition journalists from parliament. The left’s attacks on critical right-wing voices are intensifying, and the Hungarian opposition would certainly not shy away from emulating the Spanish and Polish examples.
Under the scope of the Union’s REPowerEU programme, €779.5 billion have been transferred to Budapest and the amount is now included in the government budget, Finance Minister Mihály Varga announced today. According to Minister for Regional Development Tibor Navracsics, an additional €445 million will also arrive from Brussels soon.
István Schink was originally fired from his post at the II. Rákóczi Ferenc Secondary School in Munkács (Mukachevo), Ukraine in January. An April ruling by the District Court reinstated him, however, he was again removed three weeks later. That was also challenged in court, and the judges sided with Schink again.
Hungarian Conservative is a quarterly magazine on contemporary political, philosophical and cultural issues from a conservative perspective.