The rule of law and academic freedom or the lack of it in Hungary

Abstract

Academic freedom is intrinsically linked to the rule of law and fundamental rights, most notably, the freedom of sciences and free speech in general. Academic freedom has been constitutionally embedded in Hungary since the democratic transition. After a series of laws and policies eliminating government criticism and effective checks on those in power for many years, on 4 April 2017 the Hungarian Parliament finally targeted academic freedom as well, and in this vein, adopted a modification to the Act on National Higher Education. The thinly veiled objective behind the legislation is to force Budapest-based and US-accredited Central European University (CEU) out of the country. CEU was founded by Mr George Soros, public enemy number one in the eyes of the rulers of today’s Hungary. The election campaign before the 2018 parliamentary elections is framed around a government initiative entitled “Stop Soros”, harassing organizations receiving Soros money. CEU and Soros-funded NGOs represent everything the government fights against or is suspicious of, such as the rule of law, fundamental rights, multiculturalism, tolerance, accountable government, transparency, justice, equality, liberal democracy, and open society. The modification of the Act on National Higher Education fits into a broader picture of a state in constitutional capture, where fundamental rights in general are in jeopardy. This article explains the broader problem of rule of law backsliding; it assesses the controversial law curbing academic freedom, highlights its bias nature targeting CEU and CEU only, and draws up future scenarios in light of possible national and international responses.