The government managed to obtain the support of oppositional party LMP in today’s election of the four new Constitutional Court judges. These positions had been vacant because governing party Fidesz lost its two-thirds majority in Parliament in 2015 and the political parties have not been able to reach a consensus on the new judges.
Since 2013 the Constitutional Court has been dominated by judges who were nominated and elected unilaterally by the governing party. Thus, the Constitutional Court is no longer an independent body. It is clear that the four new judges will not change this situation either; the Constitutional Court will not be committed to constitutional values.
In a liberal democracy the opposition must act constructively because constitutional institutions can operate and fulfil their obligations only if the government and the opposition cooperate. However, in an illiberal democracy, like Hungary, a constructive opposition contributes to the illiberal state remaining in place. By supporting Fidesz in electing the new judges, LMP contributes to maintaining the Fidesz-run National Cooperation System.
