Illegal Legality and the Façade of Good Faith – Migration and Law in Populist Hungary

What is it about?

Hungarian migration regulation has undergone a radical transformation since 2015, resulting in a system that essentially deprives asylum seekers of any international protection. This was a strategic move by the government to portray itself as the defender of Hungary and even Europe of the menace of uncontrolled migration and thus boost its popular approval. This article critically analyzes this transformation by first giving a comprehensive account of the major legislative changes and showing how they were framed to support the populist political propaganda of the government. Then it demonstrates that even though such populist legalism is in clear contravention of Hungary’s international legal commitments and thus are bad faith actions, the European Union is still powerless to effectively oppose these measures since its own asylum policies are aimed at maintaining “Fortress Europe”, i.e. restricting irregular migration as much as possible through legal and informal measures. In conclusion, the only real antidote to populist legalism would be acting in good faith.

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Photo by mohammad alizade on Unsplash

Photo by mohammad alizade on Unsplash