The honouring of membership obligations to the Council of Europe by Hungary
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly debate on 30 September
2025 (31st sitting) (see Doc. 16249,
report of the Committee on the Honouring of Obligations and Commitments
by Member States of the Council of Europe (Monitoring Committee),
co-rapporteurs: Mr Eerik-Niiles Kross and Mr George Papandreou). Text adopted by the Assembly on
30 September 2025 (31st sitting).
1. Hungary joined the Council of Europe
on 6 November 1990. Upon accession, it undertook to honour the obligations
incumbent upon all member States under Article 3 of the Statute
of the Council of Europe (ETS No. 1) with regard to pluralist democracy,
the rule of law and human rights. The Parliamentary Assembly has closely
followed Hungary’s honouring of its Council of Europe membership
obligations since 2013. In its
Resolution 2460 (2022) “The honouring
of membership obligations to the Council of Europe by Hungary”,
in light of long-standing concerns relating to the rule of law and
democracy, the Assembly decided to open a monitoring procedure in
respect of Hungary.
2. Since this resolution, the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee) has requested five opinions from the European Commission
for Democracy through Law (Venice Commission). These opinions cover
the creation of the Sovereignty Protection Office, judicial reforms,
electoral reform and a bill on the transparency of public life.
The Chairperson of the Assembly’s Committee on Equality and Non-Discrimination
has submitted a request concerning the compatibility of the 15th
amendment to the Fundamental Law with international human rights standards.
The Assembly welcomes the adoption of the 2023 legislative reform
that has improved the independence of the judiciary and strengthened
the self-governance of the judicial system. This is in line with the
Venice Commission’s recommendations and the Assembly’s
Resolution 2460 (2022).
The Assembly stresses the need for the Hungarian authorities to
execute the judgment in the
Baka v. Hungary case
in full and to fully guarantee the freedom of expression of judges
in matters of public interest concerning the judiciary. It invites
the Hungarian authorities to consider structural solutions for the
indexation of the salary base for judges to further guarantee their
independence from political pressure.
3. The Assembly is seriously concerned by the lack of progress,
and the worsening situation in certain areas, regarding a significant
number of the recommendations laid down in
Resolution 2460 (2022).
4. In the field of constitutional law, the Assembly refers to
Resolution 1941 (2013) “Request
for the opening of a monitoring procedure in respect of Hungary”
and reiterates its concerns about the weakening of democratic checks
and balances, as well as the instrumentalisation of constitutional
norms, fundamental law and cardinal laws, to cement the political
preferences of the ruling party. The Assembly calls on Hungary to
ensure that appointments by parliament to the Constitutional Court,
to high judicial positions and to independent supervisory bodies
are made irrespective of the candidate’s political affiliation,
in line with the Venice Commission’s opinions and reports, in particular
in relation to qualified majorities and anti-deadlock mechanisms.
5. The Assembly notes the concerns regarding the law-making process,
in particular as to its transparency, the effectiveness of public
consultations on draft legislation and the role of the opposition
in parliament. The Assembly is deeply concerned that Hungary has
been under a special legal order since 2020, enabling the government
to enact emergency decrees that override ordinary laws and further
erode parliamentary oversight and checks and balances. The Assembly
urges the Hungarian authorities to put an end to this “state of
danger” special legal order well before the next elections.
6. In the field of elections, the Assembly refers to
Resolution 2460 (2022),
in which it concluded “that the current electoral framework does
not ensure a level playing field conducive to fair elections”. Successive reforms
have amplified the distortion between the number of votes received
and the number of seats held. Although Hungary’s mixed system was
initially designed to balance majoritarianism with proportionality,
the reforms have favoured dominant parties, turning Fidesz’s electoral
victories into two-thirds constitutional majorities in every election
since 2014. The Assembly notes that, according to the Venice Commission’s Opinion
on Act LXXIX of 2024 amending certain laws relating to elections,
the latest electoral reform failed to address this concern.
7. The Assembly concurs with the Venice Commission in calling
for a complete overhaul of the electoral legislation after the 2026
elections, based on an inclusive consultation with the main political
parties, civil society organisations and scholars. Such a reform
should:
7.1 take into account the
outstanding recommendations of the Venice Commission and the Office
for Democratic Institutions and Human Rights of the Organization
for Security and Co-operation in Europe (OSCE/ODIHR) regarding the
determination of constituency boundaries;
7.2 reduce the number of single-member constituencies and
counties in which each party needs to nominate candidates;
7.3 enhance the transparency of the funding of political parties
and electoral campaigns, including on social media, and ensure robust
and politically independent enforcement of the regulations on political finance,
including the State Audit Office;
7.4 reform the system for minority representation in parliament
in accordance with the decision of the European Court of Human Rights
in Bakirdzi and E.C. v. Hungary,
and ensure the effective participation of people belonging to all
national minorities in the political decision-making processes and
elected bodies at the national level.
8. Regarding the fight against corruption, the lack of political
will to tackle high-level corruption is deeply disturbing. The Assembly
calls on the Hungarian authorities to authorise without delay the
publication of the Group of States against Corruption (GRECO) reports
assessing compliance with the recommendations regarding the prevention
of corruption in top executive functions and in respect of members
of parliament, judges and prosecutors, to strengthen independent
anti-corruption institutions and to ensure transparent public procurement
practices.
9. The Assembly calls on Hungary to ensure public oversight over
“public interest asset management foundations” (KEKVAs) by guaranteeing
transparent governance, parliamentary scrutiny and accountability
for all public assets and funds managed by these entities.
10. In the field of media, the Assembly reiterates its concerns
regarding the concentration of media ownership, the lack of media
pluralism and the political influence over media content. The Assembly
calls on the Hungarian authorities to strengthen the functional
independence of the Media Council, by reducing the term of office
of the Media Authority’s President and withdrawing some of his or
her powers of appointment. It also reiterates its call to the Hungarian
authorities to consider implementing a more open and pluralistic
appointment procedure for Media Council members, including by allowing
civil society groups to participate in the nomination process. Given
the State’s and State-owned companies’ extremely significant role
in the media advertising market, through which they channel significant
State resources to pro-government media, the Assembly asks the authorities
to ensure that the distribution of such advertising, including on
social media, is fair and transparent.
11. With regard to civil society, the Assembly is deeply concerned
by the succession of measures aimed at silencing civil society organisations
and the independent media. The Assembly recalls that, as set out
in the Reykjavik Principles for Democracy, civil society is a prerequisite
for a functioning democracy as well as for maintaining a safe and
enabling environment in which civil society and human rights defenders
can operate free from hindrance, insecurity and violence. To ensure
such an environment, the Assembly calls on Hungary to abolish the
Sovereignty Protection Office and to amend the bill on the transparency
of public life in accordance with the Venice Commission’s recommendations.
12. The Assembly expresses its readiness to further the constructive
dialogue and close co-operation with the Hungarian authorities within
the framework of the monitoring procedure, in order to support the implementation
of these recommendations, and looks forward to a fruitful collaboration
that will reinforce Hungary’s commitment to the Council of Europe’s
values and standards.
