Constitutional review and rights protection in Covid-19 crisis management in Hungary

In my presentation I will provide a quick overview of the introduction of the special legal order related to the pandemic, called a state of danger in Hungary, and I will discuss the role of constitutional review and especially the protection of human rights by the Constitutional Court (CC) in the state of danger. I will discuss the relevant case studies in the light of the (former) proportionality standards and conclude with some remarks about the effectiveness of this protection and the assessment of the proportionality review developed by the CC. Two years of constitutional jurisprudence has contributed neither to the limitation of the Government's power, nor to the clear understanding of the constitutional scope of state of danger rights limitation. The CC operation had very similar effectiveness and attributes than in the times of normalcy before the special legal order, already subject to scholarly criticism for being a weak instrument to balance the governing majority power.