Former judge removed by Orbán elected Hungarian president

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Former judge removed by Orbán elected Hungarian president

Andras Baka in parliamentImage source, Getty Images
ByNick Thorpe

in Hungary
  • Published

Hungary’s parliament has elected András Baka, 73, a respected judge and former head of the Supreme Court, as head of state.

The Hungarian president is a largely figurehead role, but Baka’s rule promises to be tempestuous.

His task will be to monitor Prime Minister Péter Magyar’s efforts to dismantle the interlocking economic and political powerhouse established by former Prime Minister Viktor Orbán. He will also oversee the writing of a new constitution, to replace Orbán’s constitution of 2011.

“We cannot build the new Hungary on revenge,” András Baka told Parliament, after he was elected by 140 votes to 6.

“The majority of society now feels a sense of liberation and hope. Others feel disappointment and uncertainty,” he said. “In a democratic society, this is not an anomaly, but a natural state of affairs.”

All 51 MPs belonging to Orbán’s party Fidesz walked out of the chamber before the vote, in protest against the ousting of their favourite, Tamás Sulyok, from the post last month.

In his speech, András Baka promised the broadest possible debate on the creation of a new constitution.

Since taking office in early May, the new Magyar government has lost no time attacking Orbán’s legacy.

Twenty-seven laws have been passed, and two amendments to the constitution.

The states of emergency – migrants, Covid, and war in Ukraine – which Orbán used to govern by decree, were all cancelled.

The Sovereignty Protection Office, which the Fidesz government used to attack critical journalists and NGOs, was abolished, and an National Asset Recovery and Protection Office was established, with sweeping powers to investigate and prosecute individuals accused of stealing state funds under the former government.

Fidesz accuses the Tisza government of establishing a “tyranny”. Ironically, they removed Baka from his post as president of the Supreme Court in 2011, for attempting to stop them undermine the rule of law.

Public service radio and TV have been off air since 9 July, as news programmes are revamped. The stated aim is to restore their independence, from their Fidesz-era role as government propaganda organs.

Other key changes came under Amendments 16 and 17 of the constitution, limiting the prime minister to two terms in office, and MPs to three. The ability of the Constitutional Court to oversee acts of parliament, taken away by Fidesz, was also restored.

If the Tisza majority expects Baka to be a tame president, they may get a rude awakening.

In a BBC interview before he was asked to take the post, he made clear he opposes the limitation of MPs’ terms as an intrusion on the right of voters to freely choose their representatives.

Baka served for 17 years as the Hungarian judge at the European Court of Human Rights in Strasbourg.

“I am not a political man,” he told the BBC last month. “I got involved in politics through my professional, legal way of thinking.”

Baka was elected today as a transitional figure.

Under the constitutional amendment which made his presidency possible, the new president will likely only be in place until the new constitution comes into force – or for maximum of five years.

Speaking to parliament on Tuesday, Baka made it clear that he intended to push back against the Hungarian tendency to trust in powerful leaders.

“The state is not there for itself,” he said, at the end of his speech. “It is there for the people.”

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