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Emergencies and the Rule of Law  

Clement Fatovic

Despite scholarly disagreements over the meanings of both the rule of law and emergency, there is broad agreement that emergencies often invite and justify departures from the formal requirements and substantive values identified with the rule of law as a normative ideal. It is often argued that strict adherence to existing laws, which are typically enacted during periods of normalcy in order to prevent arbitrary forms of rule associated with tyranny, could inhibit the government’s ability to respond quickly and effectively to the often unexpected and extraordinary challenges posed by an emergency such as war or natural disaster. Consequently, the temporary use of extraordinary measures outside the law has been widely accepted both in theory and in practice as long as such measures aim to restore the normal legal and political order. However, understandings of the tension between emergency and the rule of law have undergone a significant shift during the 20th century as emergency powers increasingly get codified into law. The use of extralegal measures that violate the formal and procedural requirements of the rule of law is still considered a dangerous possibility. However, as governments have come to rely increasingly on expansions of power that technically comport with standards of legality to deal with a growing list of situations characterized as emergencies, there is concern that extraordinary exercises of power intended to be temporary are becoming part of the permanent legal and political order.

Article

Hungary and the European Union  

Robert Csehi

Hungary became a member of the European Union (EU) alongside nine other, mainly East-Central European (ECE) countries in 2004. Although Hungary was one of the leading candidates from the former Soviet bloc to join the EU after the transition in 1989–1990, this positive view and the advantage that the country enjoyed seemed to gradually disappear by the mid-2000s. Hungarian experience with the EU is quite ambivalent. Economically speaking, on the one hand there is a slow but steady convergence to the EU average, which is largely due to the net beneficiary status of the country within the Community, and employment levels have increased considerably. On the other hand, the Country-Specific Recommendations (CSRs) point to shortcomings related to competitiveness, and labor productivity, which indicate some missed opportunities. Similarly, although budgetary deficit and public debt have been under control lately, sustainability concerns still remain. Additionally, even though the country’s prospects to join the common currency area are quite promising, political willingness is still lacking to make a lasting commitment to the Euro. While the socio-economic expectations of EU membership before accession were quite high and rather unrealistic, although economic growth decreased the level of overall poverty, socioeconomic inequalities have increased lately because of government policies. As far as politics is concerned, even the consensus of the political elite to support liberal democracy as a political system and further integration of the EU as a policy strategy have been questioned by the main governing party lately. Instead, a more Eurosceptic tone and an incremental democratic decline characterizes everyday politics, which has led to recurring criticism within the Community, and the eventual triggering of an Article 7 Procedure.