EUOBSERVER / BRUSSELS - Germany has warned the conservative Hungarian government that its new constitution, passed by parliament on Monday (18 April), is not compatible with European Union values.

"We are observing the developments in Hungary with great attention and some worry," German deputy foreign minister Werner Hoyer said in an emailed statement. "The media law adopted at the start of the year shows an attitude towards fundamental rights which - despite some amendments - is hardly compatible with European Union values."

"Our worries over the media law are made worse, not better, by today's adoption of the constitution and its future implementation," he added.

The Hungarian parliament approved the document 262 votes to 44, with the Socialist and green parties boycotting the vote and the far-right Jobbik voting against it.

Opposition groups protested the new constitution over the weekend, saying that the document is being rushed through without proper consultation and accusing the ruling Fidesz party of undermining democracy.

Although most political actors in the country agree that the old constitution, put in place in 1989, contained many deficiencies and required a thorough make-over, critics complain that they have only had a few weeks to analyse the document.

Last week, the Venice Commission of the Council of Europe, the body's advisory group established in 1990 to comment on new constitutions in eastern Europe, issued a scathing criticism of the document.

"The current process of preparing the draft new Constitution in view of its rapid adoption ... raises a number of concerns that would deserve careful consideration by the Hungarian authorities," the commission said in a statement.

"These include the lack of transparency of the process and the distribution of a public draft of the new Constitution only on 14 March 2011, a few weeks before its planned adoption, shortcomings in the dialogue between the majority and the opposition, the insufficient opportunities for an adequate public debate on such a fundamental process, and its very limited time-frame."

The European Commission for its part has washed its hands of the matter, telling EUobserver that the constitution is for Hungarians to decide and that the country remains a constitutional democracy.

Andrew Arato, a Hungarian expert in constitutions in new democracies, said of the process: "Under an opposition boycott, and involving an absurd process of popular consultation through sketchy and deficient mail in citizen questionnaires, it lacks all genuine aspects of participation and inclusion."

Winning a two-thirds majority last year together with its coalition partners, the Christian Democrats, Fidesz passed the threshold required to change the constitution.

The new text, heavy with references to Christianity, protects the life of a foetus "from conception" and preserves "the institution of marriage between man and woman".

Neighbouring governments are also nervous about wording that declares Hungary's "responsibility for the destiny of Hungarians living outside her borders," and that the government could use this new language to offer voting rights to ethnic Hungarians residing in neighbouring states. A quarter of all ethnic Hungarians live beyond the country's borders, mainly in Slovakia, Romania and Serbia.

Earlier wording giving parents extra votes has since been removed, although the government still hopes to move forward with the plan legislatively in the medium term.

Despite the German government's criticism, the new constitution does contain tight rules on public debts, a change Berlin wants all EU governments to make.

Critics say that it is not their opposition to such policies that has produced their criticism of the document, but that they will now also require a two-thirds majority to overturn these policies, a development that is highly unlikely.

The government for its part, terms the text the 'Easter Constitution' to symbolise the 'rebirth' of the Hungarian nation and rejects complaints that the government has pushed through the document, saying that they opened discussions on the paper a year ago and that opposition parties boycotted the process.

Source: http://euobserver.com/9/32208

Media laws which restricts freedom of speech. The president can disolve the Parliament whenever he wishes? It's unconstitutional to try and change the constitution? Glad I don't live in Hugnary.

Kick 'em straight out of the EU and force them to move to another currency. That's the only way you can show the consequences of bad ideology quickly. When the Hungarian economy tanks, perhaps they'll reconsider

They don't have the euro as their currency. It's the forint.

I say invade them! Har har!

My knowledge of Hungary's politics is not enough to really understand what is going on..

Their last Constitution was better? 

All I hear from Collegues are 'No same sex marriage and no possibility for abortion'...

I don't like it but the Hungarians population has voted for them and if they really hate it, new elections can stop those laws?

President dissolving a Parlement..what does this exactly mean?  The end of the parlement new elections?
or something like a veto?

Media laws?  What kind of media laws?

And do you really have to say something like 'Glad I don't live in Hungary' 
I know it is your opinion but if you were talkig about an other country you had chance you were banned now;. Sorry just find it unrespectful for the few Hungarian members and of my favourite members has
an Hungarian cultural background so feel like saying something about it..

Uh.... Hungary doesn't use the Euro.

I don't know... after reading a rundown of the constiution it doesn't seem worse then a number of EU nations... like Ireland and the like.

Not in the direction the EU would like to see things go... but not "out of bounds" on what already exists.

Also, the President can't dissolve pariliment whenever he wants.  He can only dissolve parilment if they fail to reach a budget for any given year... which must me about "Shutting down government" since no one is really complaining about it.  Everyone is focusing ont he Gay Marriage thing.

Dissolving of Parliament means ending it and calling for new elections. The new Cosntitution gives the president the possibility to dissolve Parliament whenever he wants and for whatever reason he wants (meaning that he can do that if there's the chance they won't vote how he likes on a particular law).

The media laws severly limit freedom of speech (for example the media won't be able to say anything that criticises the Governemtn and the President). These laws were actually written by a Romanian who is a former member of the Securitate (the Romanian Communist Secret Police).

The Constitution also doesn't include sexual orientation as a criteria for discrimination, meaning that non-heterosexuals can be freely discriminated against. Also the Constitution stipulates that any attempt to change the Constitution is... UNCOSTITUTIONAL. That will basically halt any future progress in Hungary.

And why should I be banned because I said "Glad I don't live in Hungary". So I can't express that I wouldn't like to live in a particular country? Would you have said the same thing had my words been "Glad I don't live in Iran"? One of my best friends is Hungarian, and he's been telling me for months how terrible this new Constitution is, and how he wishes he had enough money so he could move.

Yeah and the majority of the EU countries don't accept gay marriage so why they make a fuss about Hungary;.. 

Personally I thought the news about that the next EU president possible can be voted by everyone is bigger, especially on this site;.

Oh, I must have misunderstood that part. The Gay Marriage thing isn't unexpected, but with the fact that trying to change the Constitution is now unconstitutional, seems like same-sex marriage will never be legal there (unless that EU Constitution is ever adopted, as it would overwrite the Hungarian Constitution).