Rule of law backsliding during the pandemic – the cases of Hungary and Poland

Amid the COVID-19 pandemic, Hungary and Poland served as a flagship example of democratic backsliding. The pandemic became a generator of an accelerated retreat from liberal democracy, although this retreat began long before the virus threat occurred. The report focuses on two emblematic issues – restrictions on access to information in Hungary and the organisation of the presidential elections in Poland. Both examples have a common denominator, which is the politicisation of the decision (not) to introduce a state of emergency and lack of respect for state institutions, as well as the lack of response to critical voices coming from both the country and international institutions (EU institutions, Council of Europe, UN). (Non-)introduction of the state of emergency was driven by the political interest of the ruling parties and led to further dismantling of the rule of law and intensified erosion of democracy. The cases investigated, however, demonstrate that the success of illiberal policies depends on how much the liberal democratic system was weakened before the COVID-19 pandemic. The independence of at least part of the institutions, functioning civil society, independent media, and the pressure of transnational organisations can influence the speed and scope of illiberal reforms even in times of emergency.

This paper is part of work package 6.