Escaping Orbán’s Constitutional Prison

For the first time in a decade, a united Hungarian opposition to Viktor Orbán and his Fidesz party has a real chance of winning elections in Hungary slated for April 2022. But even if the opposition can succeed on a tilted playing field, they will face a legal situation in which significant change has been deliberately denied to them, requiring them to govern from inside Orbán’s legal prison. If the opposition wins a mere majority in the Parliament, its political will can be blocked by Orbán’s legacy laws and hand-picked guardians. What can be done? This paper explores this question, and specifically the potential for European Law to provide Hungary with a path out of this prison.