There is no doubt that Hungarian president Janos Áder is a close ally and supporter of Prime Minister Viktor Orbán and his illiberal politics. Interestingly, however, he has used and continues to use his legislative veto power with surprising frequency. Overall, this runs counter to existing explanatory approaches and might thereby shed new light on the functioning of Hungary’s illiberal democracy.
When Janos Áder was elected president, he promised to depart from the rubber stamp-attitude to legislation exhibited by his co-partisan precedessor Pál Schmitt (who not only failed to use his veto power during his two years in office, but has also publicly declared he would sign every bill the Fidesz majority in parliament passed). Opposition politicians welcomed (albeit cautiously) his declaration that if parliament passed a hundred good bills he would all sign them into law but if parliament passed a hundred bad bills he would use his veto against all of them. Nevertheless, given that the Hungarian president’s veto can be overridden by simple majority (unless the original bill required a higher majority to be passed, e.g. organic law) and presidents are obliged to sign bills that were passed again (even if changes were introduced during the veto/reconsideration process), it was clear that such activism would need to be amplified by use of the personal ties between Áder and his long-time friend Orbán.
Already early on in his first term, Janos Áder seemed to follow through on his promise – in his first year in office alone, he sent 11 bills back to parliament for reconsideration. Even his predecessor Lászlo Sólyom, who found himself in cohabitation with all governments during his five year-term in office and vetoed almost frantically in comparison to his own predecessors, took almost three years to veto as many bills. Although clearly in friendly relations with the government and parliamentary majority, Áder had vetoed 28 bills by the end of his first term last year (only four less than Sólyom who – as mentioned above – was in cohabitation the whole time) and vetoed three more since his re-election.
These number may not be high in comparison to other presidents in the region, particularly those elected by popular vote, yet they present a challenge to established explanations of presidential activism that others and myself have proposed. If presidential activism is primarily determined by the institutional structure (most prominently direct/indirect elections) and the political environment (the partisan composition and strength of parliament and government vis-a-vis the presidency), we should see comparatively fewer vetoes in the case of Janos Áder.
Additional explanatory variables that I found to be important in the case of president Lászlo Sólyom (2005-2010) also do not seem to apply here. For once, there is no personal antipathy between president and prime minister and more than two thirds of bills vetoed were prepared by ministries (i.e. not private members bills which have typically been of lower quality). Furthermore, after the government initially incorporated changes proposed by Áder into bills as part of the review process, all 12 vetoes issued since the 2014 parliamentary elections were overridden. Thus, presidential vetoes are not (or are no longer) an easy way to let the government fix problems with bills that were previously overlooked.
At the same time, Áder’s veto activity does also not quite fit into the pattern (if one can speak of such) of democratic window-dressing in the Polish case. Despite international outcry and serious flaws in bills Áder has not used his veto to stop (at least temporarily) the crackdown on public media, the ‘Lex CEU‘ or legislation that benefitted Fidesz politicians and their associates in other ways. While he used his veto on a number of other bills that were controversially discussed domestically, his opposition appears to be lacking in enthusiasm.
Thus, Áder’s use of presidential vetoes remains somewhat enigmatic. The fact that neither existing explanatory approaches nor the logic of presidential activism visible in other regimes can account for it should prompt a re-examination of how we imagine the functioning of Hungary’s illiberal democracy. Áder’s (ostensibly) irrelevant activism could point towards a further concentration of power in the hands of the prime minister and/or to the fact that his actions are directed towards other constituencies that have yet to be uncovered.
A full list of presidential vetoes in Hungary is available here (in Hungarian).
This post first appeared on presidential-power.com on 15 March 2018