Can Hungary's new PM Magyar remove the Orbán loyalist president? | DW News

Key Concepts

• Illiberal System: A political structure designed to consolidate power, limit opposition, and weaken democratic checks and balances.
• Veto Players: Institutional figures or bodies (e.g., President, Constitutional Court) appointed by the previous regime to block the legislative agenda of a new government.
• Constitutional Hardball: The use of legal or constitutional mechanisms to achieve political goals, often pushing the boundaries of democratic norms.
• Cadre Circulation: The practice of filling key state positions with loyalists to ensure long-term control over institutions.
• Democratic Restoration: The process of dismantling authoritarian structures to return to standard democratic governance and rule of law.

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1. The Political Standoff

Hungary is currently experiencing a high-stakes power struggle following the election of Prime Minister Péter Magyar, who ended Viktor Orbán’s 16-year rule. Magyar’s primary objective is to dismantle the "entrenched illiberal system" left behind by his predecessor. His immediate target is President Tamás Sulyok, an Orbán-era appointee. Magyar intends to use his parliamentary supermajority (71% of seats) to amend the constitution and remove Sulyok and other "puppets" from key state institutions.

2. The "Rigged" Constitutional Framework

Professor Kim Lane Scheppele (Princeton University) explains that the current Hungarian system was intentionally engineered by Orbán to be "veto-proof."

• Long-term Appointments: Many officials, including Constitutional Court judges (12-year terms), the public prosecutor (9-year term), and the head of the media authority (9-year term), were appointed for terms that extend well beyond the current government’s mandate.
• Constitutional Roadblocks: The system requires a two-thirds majority for many changes, but even with that majority, the President and the Constitutional Court (packed with Orbán loyalists) serve as institutional barriers to prevent the new government from enacting its platform.

3. Step-by-Step Process for Reform

Magyar’s government is pursuing a methodical, albeit controversial, legal strategy:

1. Legislative Introduction: Proposing constitutional amendments in the unicameral parliament.
2. Presidential/Judicial Review: The President (Sulyok) can either return the amendment for consultation or refer it to the Constitutional Court.
3. Anticipated Conflict: Because the Constitutional Court is composed of Orbán appointees, it is expected to rule against the government, potentially forcing Magyar to take further action against the court itself to clear the path for reform.

4. Key Arguments and Perspectives

• The Government’s Stance: Magyar argues that these steps are necessary to restore democracy. He contends that the system was built unfairly and that he has a clear mandate from voters to "unpick" the corruption and institutional capture of the previous era.
• The Opposition’s Stance: President Sulyok and supporters of the former regime argue that these actions constitute "political patronage" and a violation of constitutional principles, warning that they could trigger a constitutional crisis and damage Hungary’s international reputation.
• Expert Perspective: Prof. Scheppele notes that while the "opening salvo" is risky, it may be the only viable path to govern. She suggests that the government might have to "undo rule of law in the short term to guarantee it in the long term."

5. Early Governance and Policy Shifts

Despite the standoff, the new administration has taken several concrete steps:

• Ending the State of Emergency: The government ended the perpetual state of emergency that allowed Orbán to rule by decree.
• Self-Imposed Limits: Magyar introduced an amendment to limit the Prime Minister’s term to 8 years, effectively binding himself and preventing Orbán’s return.
• Institutional Cleanup: Plans are underway to dissolve the "Sovereignty Protection Authority" (used to target political enemies) and reclaim universities previously privatized by Orbán’s allies.
• EU Relations: Magyar has prioritized repairing ties with the EU, successfully negotiating the release of approximately €18 billion in frozen funds to address a budget deficit estimated at 7% (higher than the 5% previously reported).

6. Synthesis and Conclusion

The situation in Hungary represents a classic struggle of democratic transition. The new government faces a "rubble" of systemic corruption, underfunded public services, and institutional sabotage. The primary takeaway is that changing an illiberal system from within is exceptionally difficult when the previous regime has "locked in" its influence through long-term appointments and constitutional barriers. While Magyar’s aggressive approach carries the risk of being labeled as overreach, it is framed as a necessary "democratic reset" to restore the functionality of the Hungarian state.