The constitutional court exemplifies how Orbán can challenge Magyar, as all 15 justices have been appointed by Fidesz, including a former Fidesz defense minister. The Curia, Hungary’s supreme court, is led by András Varga, appointed by the Fidesz-controlled parliament.
Any legislation the Magyar government attempts could be rejected by these courts. “Due to the Supreme Court’s partiality or at least its president, and the constitutional court, this will be a very tough battle for Tisza,” stated Adrienn Laczó, a former judge who resigned in November 2024, protesting the lack of judicial independence.
Moreover, in December, Orbán’s lawmakers enhanced the veto power of President Sulyok, who was appointed in 2024 for a five-year term.
“Orbán has been planning for the worst-case scenario in case he loses,” said Kim Lane Scheppele, a constitutional law and elections professor at Princeton University. She noted that the constitutional amendment passed in December would “make it nearly impossible for a new parliament to impeach or remove the president.”
The president, in the interim, can stall legislation by returning it to parliament or referring it to the constitutional court, which could declare it unconstitutional, potentially derailing Tisza’s reform efforts.
Scheppele compared this situation to Prime Minister Donald Tusk’s challenges in Poland, where his reform attempts face the veto power of President Karol Nawrocki, who is aligned with the nationalist conservative Law and Justice party.
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