The transformation of the system of fundamental rights protection in Hungary

A decade ago, the Fundamental Law of Hungary brought significant changes in the system of fundamental rights (FRs) protection. The changes, viewed in isolation, do not infringe constitutional requirements; some of them can be considered an improvement. The paper, however, argues that the assessment must go beyond examining the institutions and their status in themselves and cover the structure of the whole system. It cannot be limited to the isolated evaluation of the competences of the individual institutions but must extend to their connections. Even within the framework of constitutional, EU and international requirements, states have a wide margin of discretion in setting up and reorganizing the national system of FRs protection. The paper offers indicators to evaluate such a reorganization and concludes that the developments in Hungary decreased the standard of FRs protection, even if most individual changes cannot be considered a weakening factor in themselves.