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Statutory restrictions on civil society in Hungary and Poland: lessons and challenges

Europe (Central and Eastern)
Civil Society
Democracy
Regulation
Orsolya Salát
Eötvös Loránd University
Burtejin Zorigt
Heinrich Böll Foundation
Agnieszka Bejma
University of Warsaw
Orsolya Salát
Eötvös Loránd University

Abstract

The paper will analyze whether and how the legislator contributed to increased restrictions of civil society in two countries suspected to be at the forefront of such tendencies in the European Union, namely Poland and Hungary. The paper will rely on quantitative research carried out in the recent years regarding the statutory context of some issues affecting civil society generally, especially which pertains to fundamental rights like freedom of expression, association, and assembly. It will also have a look at whether and how the financial environment deteriorated, especially with regard to increased hostility towards civil society organizations supported "from abroad", and increased preference for some organizations more in line with government policies or even directly created by the government. It will inquire to what extent such hostility or at least suspicion manifests itself in legislation and whether characterizations of the political-legal system of these countries as applying a technique of autocratic legalism (Scheppele) or more generally, rule by law as opposed to rule of law (Uitz) may explain some of the findings.