You are on page 1of 24

WHAT CAN WE DO ABOUT

POLAND AND HUNGARY?

Cordelia Buchanan Ponczek


What Can We Do about Poland and Hungary?

CONTENTS ABOUT THE AUTHORS


Executive Summary.......................................... 1 Cordelia Buchanan Ponczek is a Title VIII Fellow
Section 1. Terms ................................................ 2 in the Transatlantic Leadership program at CEPA.
Section 2. Country Specifics........................... 3 Buchanan Ponczek graduated from the University
of Oxford with an MPhil (dist.) in Russian and East
Section 3. Wider Context ............................... 6
European Studies and was awarded the Michael
Section 4. Points of Divergence..................... 6 Kaser Prize for the best political economy thesis.
Section 5. What can be done?........................ 10 Previously, she earned her BA (magna cum laude)
5.3 Conclusion ................................................... 15 in Political Science at Miami University, with a
Bibliography........................................................ 16 focus on Russian kleptocracy and petroleum
transit in the Caspian Sea region. At CEPA, she
Endnotes............................................................... 18
will research the domestic drivers of Polish and
Hungarian foreign policy.

ABOUT CEPA
The Center for European Policy Analysis (CEPA)
works to reinvent Atlanticism for a more secure
future. Headquartered in Washington, D.C., and
led by seasoned transatlanticists and emerging
leaders from both sides of the Atlantic, CEPA
brings an innovative approach to the foreign
policy arena. Our cutting-edge analysis and
timely debates galvanize communities of
influence while investing in the next generation
of leaders to understand and address present
and future challenges to transatlantic values and
principles. CEPA is a nonpartisan, nonprofit,
public policy institution.

All opinions are those of the author(s) and do


not necessarily represent the position or views of
the institutions they represent or the Center for
European Policy Analysis.
Cover: Hungarian Prime Minister Viktor Orban
and Polish Prime Minister Mateusz Morawiecki
shake hands during Hungary’s National Day
celebrations, which also commemorates the
1848 Hungarian Revolution against the Habsburg
monarchy, in Budapest, Hungary, March 15, 2019.
Credit: REUTERS/Lisi Niesner

ii
What Can We Do about Poland and Hungary?

Executive Summary: hand out money from the fund only to


members that demonstrated respect for the
What’s gone wrong, rule of law, a condition that EU leaders had for
why it matters, where years been seeking to link to other funding

it’s heading and what disbursements. This stipulation targeted


primarily Poland and Hungary, which then
to do about it blocked approval of the EU budget and
recovery fund. Refusing to back down, the
Governments in Poland and Hungary — EU threatened cutting Hungary and Poland
U.S. allies and members of NATO and the out of the covid fund if the gridlock was
European Union — continue to pursue not resolved.1 The commission was not
policies that are fundamentally at odds with alone: Majorities in all European countries,
healthy democratic development and that including Poland and Hungary, support the
marginalize some of their most vulnerable principle of tying EU funds to respect for the
communities. Outsiders have lumped rule of law.2 In the resulting compromise,
the phenomena in Poland and Hungary the EU Parliament passed the rule of law
together, but that glosses over some conditionality, but the EU Commission had
important differences between the two to make several concessions on language,
countries and possible approaches to their scope, and enforcement.3 This flurry of
situations. In Hungary, changes to electoral political developments is the culmination
law and deteriorating economic and political of years of accusations that governments in
institutions put the country in a precarious Poland and Hungary are pursuing domestic
place, compounded by the government’s policies at odds with their democratic
cooperation with other nondemocratic mandate, resulting in a great deal of head-
regimes. Poland has maintained its strategic scratching about how outside parties should
alignment with the U.S. and economic respond.
integrity, but its domestic politics and social
policies are worrisome. Both governments
were democratically elected and earned The U.S. should establish
a legitimate mandate to rule from their
populations. Both governments also assert democratic expectations and
that external actors should keep out of their
domestic affairs. Nevertheless, as an ally and
make it clear to the Polish
active promoter of democracy in the region, and Hungarian governments
the United States must find a way to head off
decline. Through diplomatic pressure, the that accountable governance
incoming administration should strongly
advocate minority rights and support
through rule of law and
regional civil society. With other partners, democratic norms is the key
such as the EU and NATO, the U.S. should
establish democratic expectations and to stability and partnership.
make it clear to the Polish and Hungarian
governments that accountable governance
through rule of law and democratic norms Earlier in 2020, Freedom House downgraded
is the key to stability and partnership. the most democracies ever in its 25 years of
compiling the Nations in Transit report. Poland
In 2020, covid-19 swept through the globe, and Hungary stood out as the worst examples
causing a public health and economic crisis. of democratic decline.4 Critics have accused
To offset the economic fallout, the European Hungary’s Fidesz-led government, which
Union set up a recovery fund. There was a came to leadership in 2010 under Prime
hitch: the European Commission would Minister Viktor Orbán, of consolidating

1
What Can We Do about Poland and Hungary?

power by undermining independent media backsliding. Section 4 notes differences


and the judiciary, changing election laws between Poland and Hungary. Section 5
and facilitating corruption.5 In Poland, offers a discussion on policy options, makes
the Law and Justice-led coalition (Prawo i recommendations, and concludes.
Sprawiedliwość, styled “PiS”) has drawn
criticism throughout its five years in
power, especially for its changes to the Section 1. Terms
judiciary, which the EU and other critics say
Experts debate what to call the situation
undermine the rule of law and violate the
in Poland and Hungary, and its causes.9
principles of EU membership.6 The PiS and
Some call it backsliding.10 Others call it
Fidesz governments defend their policies
a “playbook of autocracy” or “autocrat’s
as necessary.7 Domestically, both parties’
playbook.”11 Still others consider it a mere
focus on economic development and social
hiccup not indicative of a lasting deviation
spending have won them a mandate to rule,
from the countries’ prior trajectories: All
especially from rural voters.8
democracies have occasional problems, and
The charge that democracy in Poland and Poland and Hungary are not swerving off
Hungary is deteriorating is serious and democratic course.12 Even the concept of
has prompted calls for intervention. As a democracy is complex and encompasses a
bilateral ally, NATO member and promoter spectrum of systems.13
of democracy in the region, the U.S. has
Populism and backsliding are separate
an important role to play in addressing
phenomena that feed off each other.14
challenges to the rule of law and its
Populism enables a party or political
consequences for democracy.
formation’s path to power; backsliding is the
This paper argues that Poland and Hungary way that power is wielded and maintained
are pursuing policies that erode the rule of through twisting proper governing
law and democratic norms. It also argues mechanisms.15 Populist rhetoric provides
there are key differences between the two a narrative of why for the ruling party —
countries, all of which put Hungary on why the country is in danger; why the party
a more worrying trajectory. The United is the only hope for salvation and ought
States should maintain its role as an active to be voted into power; why governing
promoter of democracy in the region and mechanisms need to be altered. Backsliding
continue to advocate minority rights, is how those ruling parties stay in power. It
support civil society and stress to the is the sum of measures taken to ensure that
Polish and Hungarian governments that the power structures are still secure in favor
accountable governance through rule of law of the ruling party even if the electorate
and democratic norms is the key to stability has a change of heart or stops believing the
and partnership. To do this, the U.S. should narrative. Related to this, one prevailing
lead with diplomacy and set the conditions explanation for populism’s success is a
that will safeguard its relationships in divided and/or weakened opposition.16 The
central and eastern Europe, a region that opposition’s weakness could in turn be
still matters for the United States’ strategic due to the lack of a compelling platform,
interests. infighting or the power of the majority
party’s simplistic narrative (especially if it
In this report, Section 1 will explain the taps into aspects of the electorate’s identity).17
spectrum of concepts and definitions
applied to the domestic situations in The rise of populism and concerns over the
Poland and Hungary. Section 2 provides an deterioration of democratic institutions are
account of each country’s recent domestic not unique to Hungary and Poland. Other
developments. Section 3 gives broader EU members, and indeed countries around
context for attacks on the rule of law and the world, are experiencing these problems

2
What Can We Do about Poland and Hungary?

People wearing protective face masks attend a voting during the presidential election at a polling
station in Warsaw, Poland June 28, 2020. Credit: Slawomir Kaminski/Agencja Gazeta/via REUTERS.

to some degree.18 Ironically, growing responses.21 Sketching out events in each


illiberalism elsewhere helps the Polish and country also helps avoid the tendency to draw
Hungarian governments claim that the overly simplistic caricatures. While some
“West” and “Western media” are singling comparison can yield valuable insights, if
them out — a convenient narrative. we rely too much on this approach, we risk
overlooking some of the nuances specific to

Section 2. Country each country.

Specifics 2.1. Poland


Although criticism has intensified in recent PiS controls the executive and legislative
years, concerns over the domestic politics branches of the Polish government.
of Hungary and Poland date back to the President Andrzej Duda won reelection in
early 2000s and 2010s. Then, onlookers Poland’s summer 2020 election, which had
cited Poland as the worse offender.19 turnout of over 68% in the second round.
Now, Hungary has taken the lead, with In the 2019 parliamentary election, PiS
Poland’s government allegedly mimicking won 2m more voters than in 2015, earning
the Hungarian government’s methods the party 235 of the Sejm’s 460 seats and
to keep a grip on power.20 A summary of building on momentum over five years.
developments in the two countries over Ever since PiS won the presidential and
the past decade shows similarities, but also parliamentary elections in 2015, critics have
some striking differences that ought to be decried Poland’s “backsliding.”
noted in assessments and subsequent policy

3
What Can We Do about Poland and Hungary?

abhorrent. This is not so shocking — PiS


In Poland, has appeal. The party has been a good
the ballot box still has steward of the economy, helping many Poles
where it matters: It has made housing and
legitimacy, and matters. medicine more affordable, reversed PO’s
hugely unpopular pension age increase
and undertaken massive redistribution
The 2015 election outcome was unexpected. campaigns without destroying public
PiS pushed the Western-leaning, fiscally finances.26 The proudly politically incorrect
more conservative and socially more liberal party has given many Poles, especially in
Civic Platform (Platforma Obywatelska, rural areas, a voice. It has also tapped into
styled “PO”) out of government, winning an concerns over gay rights and religious
absolute majority and control of two of the freedom while exploiting concerns about
three branches of government.22 PiS has been the EU overstepping Polish sovereignty.27
accused of using its majority to threaten PiS has invested in left-behind communities
the rights of minorities, particularly sexual and won support. But votes for PiS should
minorities (the 2020 “LGBT-free zones”), not be mistaken for agreement with all
roll back rights for women (the PiS-packed of its policies: the salience of some issues
Constitutional Tribunal’s November 2020 that PiS has prioritized outweighed voter
ruling that created a near-ban on abortion disapproval of other aspects of the party’s
and triggered massive protests in Poland agenda. Similarly, in 2020, cracks opened
and elsewhere) and discriminate again up in PiS’s majority coalition. So while
ethnic minorities (the reluctance to take single issues have decided entire elections,
in non-Ukrainian refugees). PiS has also the pendulum can swing the other way. In
been charged with upending the balance of Poland, the ballot box still has legitimacy,
powers through substantive changes to the and matters.
judicial branch and its oversight ( judges’
retirement, appointments and discipline, 2.2. Hungary
the restructuring of the Constitutional
Tribunal and a law to punish judges who Hungary’s trajectory, and that of its ruling
criticize these changes); and curtailing party, Fidesz, is seen through the prism
freedom of the media, especially the state- of one man: Viktor Orbán.28 A self-styled
owned TVP.23 Critics also contend that PiS defender of Europe from the so-called
engages in majoritarian political tendencies, “immigrant hordes,” Orbán built up his
like rushing bills quickly through the power by seizing the opening provided by
legislature without proper review and a weak opposition, which lost elections in
debate, and degrades the public discourse, 2014 and 2018.29 The fragmented bunch —
resulting in erosion of informal institutions comprising the Social Democrats (MSZP),
and political practices vital to maintaining a green parties (Dialogue and LMP), social
healthy democracy.24 As recently as the time liberal parties (Együtt and DK) and even
of publication, PiS is under fire for a proposal Fidesz’s old nationalist tag-along party,
that challenges “foreign” ownership of Jobbik — has failed to mount an effective
the media and attempts to “re-Polonise” it platform to counter the juggernaut of the
— reminiscent of Orbán’s media-control Fidesz-KDNP coalition, which in turn uses
strategy in Hungary. It is unclear how PiS the media and other institutions to cement
could make this new initiative compatible its position.
with EU law.25 Orbán has openly challenged the
Voter turnout was high in Poland’s 2020 principles of liberal democracy, defending
election, when a slim majority voted for majoritarian rule as a Hungarian form of
PiS despite the policies critics find so illiberal democracy.30 Hungary has forced

4
What Can We Do about Poland and Hungary?

Chinese President Xi Jinping shakes hands with Hungarian Prime Minister Viktor Orban before the
bilateral meeting of the Second Belt and Road Forum at the Great Hall of the People, in Beijing,
China April 25, 2019. Credit: Andrea Verdelli/Pool via REUTERS/File Photo

out Western-led organizations, including laws were passed democratically in the


Central European University, and used parliament, given Fidesz-KDNP veto-proof
laws to silence dissenters. At the beginning majority.32
of this clampdown, in 2014, authorities
raided nongovernmental organizations such The democratic and culture wars continued
as the Ökotárs Foundation and DemNet into the second half of 2020, when
Hungary, an environmental foundation and Hungary amended its election laws to erect
democratic rights foundation, respectively. even more barriers to the opposition and
The government also raided the homes changed its constitution to further advance
of these groups’ leaders and seized pro-Christian, anti-LBGT values. Weeks
documents and data. These tactics continue, later, in early December, a staunchly anti-
with Orbán accusing “foreign money,” LBGT Fidesz member of the European
particularly George Soros and his Open Parliament and minority whip for the
Society Foundations, of financing unrest in European People’s Party (EPP), József Szájer,
Hungary.31 In the first half of 2020, Orbán’s was caught at an alleged gay sex party
government passed measures to rein in the in Brussels, despite lockdown laws. He
covid-19 risk in the country. Critics of the resigned shortly thereafter. Afterward, EPP
restrictions, which lacked a sunset clause leader Donald Tusk, the former PO Polish
and were seen as further means to silence prime minister, suggested Fidesz does not
opposition media sources, called such belong in the center-right EPP.
measures draconian; yet even opponents
of Orbán’s government concede that the

5
What Can We Do about Poland and Hungary?

Section 3. Wider Hungarian and Polish governments’ us-


versus-them platforms, which are targeted
Context to those left behind by globalization.37 Both
parties have repeatedly raised the specter of
3.1. History outside groups — dark-skinned migrants
coming to take jobs or replace churches
Long-standing, systemic issues, like the with mosques, elite inner circles in Brussels
legacy of communism, loom over Hungary dictating the rights and wrongs of sovereign
and Poland’s democratic development.33 countries. Sincere or not, this rhetoric from
Pathologies originating from the system the PiS and Fidesz leaderships are part of a
persist, while many who benefitted strategy to tap into issues that resonate with
from the communist regime remain in the population and to channel the public’s
power, enriched and well-connected. The fears, interests, and aspirations into a policy
alleged influence of former prominent agenda.
party members is often used as a pretext
to introduce sweeping changes. But the
tenacity of powerful elites with roots in the Section 4. Points of
communist era does not necessarily mean
that post-communist state structures need
Divergence
a fundamental redesign. And even if it did, Given striking similarities, the two
other countries in the region offer useful countries still diverge in important ways
examples of how to properly implement — geopolitical options, the degradation of
reform, such as Ukraine’s post-Euromaidan economic as well as political institutions
banking reform and Slovakia’s dialogue on and the hollowing out of the electoral
judicial reform.34 process. In all, Hungary comes out in a
worse position.
3.2. Institutional membership
and sovereignty 4. 1. Geopolitical options
The EU is a vociferous critic of democratic Poland and Hungary’s geographic locations
decline, alleging that PiS and Fidesz threaten have played an important role in their
values that Poland and Hungary are bound transitions from communism to democracy
to uphold as EU members.35 Indeed, the and in informing their current foreign
Polish and Hungarian governments frame policy priorities, but their security interests
a great deal of what they are doing as acts diverge. Poland’s proximity to Russia, and
of defiance against the EU and assertions Hungary’s to Europe’s southern corridor,
of national sovereignty, which they claim define the policies they adopt toward their
the EU is undermining. For its part, the neighbors. In Poland, PiS and PO have
EU has few good options when confronted shared most of the same security objectives.
with an recalcitrant member.36 Rather Poland sees itself as staunchly “Western”
than compelling Poland and Hungary to in its promotion of democratic values and
honor the collective organization, it risks norms, and aspires to be a regional leader.38
ostracizing offenders to the point of forcing The country has a forward-looking role in
them into a powerful super-minority. And NATO and strong domestic support for EU
it further risks creating martyrs or handing membership. The government in Warsaw
these backsliding parties an alternative prizes its friendship and security alliance
narrative of discord and strife to peddle to with the United States. Poland promotes
their voters back home. democracy in developing countries, such as
Georgia, Ukraine and Belarus, and remains
Fidesz and PiS also know how to exploit critical of countries that may pose a threat
Western liberals’ disapproval of the to that effort, such as Russia.39 Its support

6
What Can We Do about Poland and Hungary?

A protester walks with the Polish and the EU flag tied together during the demonstration. Under the
slogan «A Walk for Future’’ (Spacer dla Przyszlosci) hundreds of students gathered at the Chancellery
demanding the resignation of Prime Minister, Przemyslaw Czarnek from the ruling Law and Justice
(PiS) party as the minister of education and science, whom they described as «a homophobic
minister proclaiming controversial views.» The Women’s Strike (Strajk Kobiet) and the Youth Strike
for Climate (MSK) also joined the educational strike. Credit: Attila Husejnow / SOPA Images/Sipa USA.

for the demonstrations in Belarus is part of country has close ties with Russia, which
a desire to establish the Eastern Partnership includes a deal for Russia’s Rosatom to build
countries as a buffer of states firmly linked two nuclear reactors there.41 China, too, is
to the West to keep Russia at bay and support a solid business partner for Hungary, one
democratic development abroad. Poland has that does not make financing and payment
been a welcome home for the Belarusian conditional on adherence to democratic
opposition and civil society organizations. norms or the rule of law. From 2010 to 2016,
Further, Poland wants to avoid confrontation China invested between $400m to $600m in
with Russia or risk being a weak link in Hungary each year, compared with $200m
NATO’s eastern border. While it does have to $350m in Poland. Numbers for Slovakia,
a relationship with China, China has not Slovenia and the Czech Republic were even
yet found an effective way to politically lower.42 According to the UN Conference
pressure the Polish government. on Trade and Development, about 0.22%
of foreign direct investment flowing into
Hungary’s foreign policy is best described Central and Eastern Europe (CEE) from
as “pragmatic,” according to a pro-Beijing 2010 to 2016 was from China. Of that,
think tank in Budapest, is “pragmatic.”40 Hungary received 0.4%, compared with
Several of Hungary’s external relationships 0.17% for Poland.43 Further, the China Global
complicate its domestic situation. The Investment Tracker shows that 2.08% of

7
What Can We Do about Poland and Hungary?

Prime Minister Viktor Orbán give a statement on Hungary’s covid-19 preparedness, December 21,
2020. Credit: Prime Minister of Hungary/Miniszterelnok.

FDI in central and eastern Europe was from Hungary has mixed relationships with its
China. Of that, Hungary received 7.84%.44 neighbors. Orbán is known for fostering
close partnerships with corrupt governments
In turn, China has used its relationship in the Balkans and cultivating other
to buy Hungarian silence, as when the authoritarian leaders.48 His government also
Hungarian government refused to join its has an increasingly antagonistic relationship
counterparts in the EU, including Poland, with Slovakia, Romania and Ukraine over
in signing on to the UN’s resolution to the politicization of Hungarian minorities
condemn China’s treatment of the Uighurs.45 in these countries.49 Hungary has issued
Hungary is also one of five EU states to passports/citizenship to these extraterritorial
have extradited “economic fugitives” upon Hungarian minorities, which has resulted
the Chinese government’s request, in the in creating a pro-Fidesz electorate in these
absence of formal extradition treaties.46 communities. While Hungary remains a
“China may not be trying to force others to NATO member, there is concern over its
adopt its model,” wrote Aaron Friedberg, a commitment to the Alliance, especially
political scientist at Princeton University, in light of the allegedly close relationship
in a recent issue of Foreign Affairs, “but its between Orbán and Russian President
actions and example are reinforcing trends Vladimir Putin.50 And while Poland has
toward authoritarianism in places where been accused of copying Hungary, some
democracy has not yet taken firm root” — argue that Hungary is following Russia’s
or where it is in decline.47 lead.51 One source of NATO’s consternation
about Hungary’s commitment is its spat
with Ukraine, to which NATO seeks to

8
What Can We Do about Poland and Hungary?

build close ties, over a Hungarian-speaking Reconstruction and Development (EBRD)


minority in a region of Ukraine that used to consistently give Hungary lower marks than
be Hungarian territory.52 The conflict helps Poland (and other neighboring countries)
feed a sense of injury that the government for the quality of its regulations and efforts
finds useful, even after 100 years, over to combat corruption.58
the Treaty of Trianon, which carved up
Hungary.53 Some have said the dispute 4.3. The State of Electoral
stems from a strict language law in Ukraine
that disadvantages the Hungarian-speaking
Democracy
minority, but it predates that dialogue, and Fidesz may have consolidated power to
Orbán was talking tough about Hungary’s the point where elections are no longer
neighbor at least as early as 2014.54 fair, in contrast to Poland, where Freedom
House says the electoral process maintains
4.2. Institutions and its integrity. In Hungary, the score for the
electoral process has steadily declined
Corruption as controversial changes to the voting
Hungary’s economic institutions are suffering system have created an institutional bias
the same decline as its political institutions. in favor of Fidesz. In recent Hungarian
A recent report from the European Anti- elections, the Organization for Security and
Fraud Office identified Hungary as a top Cooperation in Europe (OSCE) warned of
offender for misappropriation of EU funds. an “overlap between state and ruling party
Hungary has 52 probes into misuse of funds resources,” and added that opaque campaign
from 2014-2018 and the office recommended finance, media bias, and “intimidating and
the EU seek to recover the largest share xenophobic rhetoric” hampered voters’
of these funds compared to any other EU ability to make informed choices.59 Further,
member.55 This evidence of corruption is it said the electoral oversight commission
backed by an investigation by the New York (NVB) consistently favors Fidesz. Finally, the
Times in November 2019, which detailed OSCE noted that the national government
graft in EU agricultural funding kickbacks maintains effective control of the State
among Hungary’s elite and well-connected, Audit Office (ÁSZ), which monitors
highlighting the importance of a personal campaign activities and party spending;
relationship to Orbán.56 Then in September rulings made by the ÁSZ, which is led by a
2020, Direkt 36, a nonprofit investigative former member of Fidesz, are final, leaving
news organization in Hungary, described opposition parties with little recourse.
how Hungarian politicians have long looked It is not certain that Hungary’s current
for ways to “play” German politicians and government can be unseated any longer
businesses to their advantage.57 Such self- by free and fair elections.60 The November
dealing is not as advanced in Poland, where 2020 amendments to the electoral law
politicians have not moved into business bar electoral party-list tickets for parties
ownership and clientelist opportunities that fail to run in 50 districts, up from
to the degree that their counterparts in the previous 27. This effectively prevents
Hungary have. smaller opposition parties from joining
joint lists.61 Poland does not yet face that
Hungary is increasingly putting political situation, evidenced by its close presidential
and economic power into the hands of an election and high turnout, but the poor
elite from whom it will be difficult to wrest quality of the campaign leading up to that
it back. For all the complaints about Poland’s election suggests Poland could follow down
judicial changes, they do not create a similar this road.
feedback loop of business and political elite
within the country. Organizations such as
the World Bank and European Bank for

9
What Can We Do about Poland and Hungary?

Section 5. What can tying military aid to reform — no reform


means no equipment and no troops.62 This
be done? could include conditioning U.S. weapons
sales on the countries’ rule-of-law reforms.63
Engagement in central and eastern Europe But the United States is hardly likely to give
and the wider European Union should up lucrative weapons deals, especially when
matter to the United States. The European those sales are usually cultivated several
Union and its member countries represent years in advance and when plenty of foreign
the wider thrust of democracy, vital to U.S. rivals are poised to sweep in and take
national security. This is particularly marked them. Beyond this, skeptics say linking the
in contrast to great-power competitors domestic situation in Hungary and Poland to
China and Russia, whose views on the the region’s U.S.-led security framework —
international order are at odds with those of which would be difficult to restructure and
the EU and U.S. As the United States rises to includes a deeply embedded troop presence
meet the challenge of Chinese and Russian — would be counterproductive, even if it
reach, it will need the EU by its side, and the were possible.64 Denying such infrastructure
values that the EU, NATO and U.S. underpin on NATO’s eastern flank hurts U.S. security
— democracy and rule of law — to defend interests. One source said that since Russia’s
regional security and order. This section invasion of Ukraine, NATO infrastructure
will first evaluate some of the current ideas has become like a Rubik’s Cube, and
on how to respond, and then offer policy unscrambling it just to make a point would
recommendations. be difficult, if not impossible. They point out
that in the wake of the crisis in Ukraine, the
5.1. Current Solutions security situation in the region is delicate
and that NATO cohesion, already under
There are few legal levers to use in response
strain, should not be further undermined.
to infringements of the rule of law in
Hungary has already drawn closer to China
another country. In the most serious cases,
and Russia, and punitive measures risk
governments can sanction individuals,
alienating the country further.65 Acting
organizations, government agencies, or
unilaterally also undermines the United
entire industries.
States’ reliability as a partner in the eyes of
One option is a punitive response to force its allies, who should work together to face
reform on Poland and Hungary, possibly by common challenges.
stripping them of voting rights in the EU,
The idea of conditionality does have some
or even putting them on a membership
merit. While NATO, like the the EU, lacks
probation.At the EU level, the suggestion
the proper tools to coerce members, Poland
to strip voting rights or put the two
and Hungary made great strides when
offenders on probation is going nowhere;
the prospect of EU or NATO membership
any disciplinary action is stymied by the
dangled before them.66 Once a country
two governments’ defending each other.
joins those groups, however, they no longer
This approach also makes it easy to paint
represent a powerful incentive. At this
the “elites in Brussels” as bullies who are
point, Poland and Hungary are members
singling out Poland and Hungary. The EU
of the most exclusive global organizations
focus on Poland and Hungary also becomes
with strict membership criteria, such as the
more untenable as populism, backsliding
EU, NATO, the Organization for Economic
and attacks on the rule of law become more
Cooperation and Development, and the
commonplace in other EU countries.
World Trade Organization. But arguments
Another idea is to condition the deepening for relinking EU funding to proper
of U.S./NATO military presence in Poland democratic norms have gained momentum
on adherence to democratic principles or during the covid-19 bailout discussions.

10
What Can We Do about Poland and Hungary?

NATO Secretary General Jens Stoltenberg and the Prime Minister of Poland, Mateusz Morawiecki,
May 18, 2018, Credit: NATO.

Using EU measures to rein in Poland and


5.2. Policy Recommendations
Hungary has seemed like a lost cause, but as
time passes, the mechanisms have become Considering the above, U.S. should adopt
more sophisticated, and, as we have already a cautious and considered approach
seen at the end of 2020, they are more likely in addressing concerns over perceived
to succeed in the coming years. backsliding in Hungary and Poland. The
PiS and Fidesz governments were elected
Finally, a last method is to dodge — to work democratically, and they represent a sizable
with Poland and Hungary as they are, in an number of Polish and Hungarian citizens.
effort to keep them at the table. Hungarian Some recent developments in both countries
experts, especially, espouse this approach, are undoubtedly problematic, but to call
fearing that a punitive West could push foul on the legitimacy of their governments
Hungary into the arms of China and Russia, is unwarranted: It’s important to not treat
with whom it has cultivated relationships. them like fully authoritarian regimes.
Others point out, though, that it was partly Advocates of softer measures would steer
thanks to this laissez faire approach that the away from material threats in favor of more
Hungarian government was able to build political finesse, vocal diplomatic pressure
ties with these autocratic regimes in the and institutional weight. The actions of
first place. They argue that nothing more Poland and Hungary come nowhere close
can be gained from keeping Hungary at the to those of countries that have economic or
table. targeted personal sanctions leveled against
them, such as Russia, Iran and North Korea.

11
What Can We Do about Poland and Hungary?

The United States must maintain influence possible, modeling adherence to the rule
to address key U.S. interests in the region, of law, political decency and democratic
allowing strategic objectives to drive its pluralism at home.
diplomatic priorities while keeping its
focus on engaging in areas it can influence. The United States should not condition its
U.S. policymakers can do this by adopting a military aid or weapons sales — vital to
tandem of internal and external measures. U.S. interests in the region — on successful
domestic political reforms or EU dialogue.
But a loosely connected approach could
5.2.1. Internal create an incentive potent enough for the
The U.S. should establish formal tools to governments in Warsaw and Budapest to
measure the impact of its regional stance on sit up and take note. For example, the U.S.
rule of law and threats to democracy. So far, could privately insist on serious, good-
U.S. policymakers have reacted to crises or faith efforts to revisit certain domestic
developments in Poland and Hungary on an developments, particularly in the judiciary,
ad hoc basis. They have relied on external civil society and media, as part of returning
meters to diagnose the problem and have to the shared values under which Poland
rushed to do damage control (or not). Instead, and Hungary came to benefit from a U.S.
the U.S. should establish its own benchmarks troop presence along NATO’s eastern border.
or metrics to gauge whether developments
in Poland and Hungary (and any ally facing The U.S. should support a vigorous and
rule-of-law issues) are impeding strategic well-funded civil society in the region.
objectives, alongside a plan to reassess the The United States has made an enormous
U.S. response when Poland and Hungary difference in central and eastern Europe
take measures in line with U.S. goals. Such not with military might or arms sales,
measurements and procedures would offer but through diplomacy and support for
stability, consistency and transparency to the organizations and people who create
regional partners and clarify the U.S. role democracy. It should return to these people-
in encouraging democratic practices and to-people methods with funding, training,
safeguarding strategic goals in Poland and and teaching and learning opportunities
Hungary. for Polish and Hungarian NGOs and civil
society, including English- and regional-
The U.S. should take a harder line toward language NGOs, which inform an ever-
Hungary’s and Poland’s transgressions, wider audience.
imposing consequences for violations of the
rule of law. The incoming administration 5.2.2. External
should make it clear that high-level visits,
There are compelling reasons to push
bilateral cooperation, economic support and
for a regional approach to democratic
other benefits will depend on meaningful
development. An aggressive diplomatic push
changes in Polish and Hungarian behavior
to bring local actors into a regional dialogue
and policy. At the same time, the U.S. must
could help realize democratic objectives.
reassure Poland and Hungary that despite
domestic woes, it would defend them The United States must work with allies
against an external threat. and partners to keep Hungary and Poland
from further degrading the rule of law and
In official and unofficial meetings, the
to encourage the governments in Warsaw
United States should press Poland and
and Budapest to cooperate in addressing
Hungary on actions that threaten the rule
shared democratic concerns. The U.S. can
of law or democratic norms, especially
use its considerable influence to push for a
laws that restrict the rights of minorities or
structured dialogue within NATO — alone
limit freedom of the press. The U.S. should
or with support from other members —
encourage greater social freedoms where

12
What Can We Do about Poland and Hungary?

Russian President Vladimir Putin and Hungarian Prime Minister Viktor Orban attend a news
conference following their talks in Budapest, Hungary October 30, 2019. Credit: Sputnik/Alexei
Nikolsky/Kremlin via REUTERS.

that explores democratic norms and the focused on getting many interests and
safeguarding of democracy. Indeed, a U.S. players at the table. Some conversations
troop presence in the eastern flank offers would be best held with U.S. support but
more leverage to shape security and political with no U.S. representation — to ensure
outcomes. Even a “failed” discussion could that EU countries feel they are properly
offer a framework for future talks and, later, representing their regional interests. Other
arrangements. If dialogue proves difficult, conversations could include envoys from
the U.S. could focus the conversations on Washington. Still others might include
responding to shared security threats, such players outside the region, such as Russia
as Russian revanchism or the effects of and China. Currently, the more the elites
Chinese economic power. in Brussels push, the more the Polish
and Hungarian administrations decry an
In parallel, the United States could use external EU “threat” in order to legitimize
diplomatic power to support a regional EU- their power grabs, but adding the U.S. as a
based discussion track. Piggybacking off the broker alongside the EU to facilitate these
NATO discussion, the U.S. could facilitate a conversations might wear down Poland
regional dialogue on issues of rule of law and Hungary’s rhetoric. Dialing back the
and democratic norms. Such conversations heat, even a bit, among Poland, Hungary
would not require any new institution or and the EU would be conducive to creating
official bi- or multilateral declarations. Like structures for future progress.
the NATO conversations, these dialogues
would be open-minded and flexible, and

13
What Can We Do about Poland and Hungary?

will likely undermine its long-term stability


Hungary may seek diplomatic and which could increasingly turn to Russia
alternatives in Russia or trade and China for aid. This move away from
Budapest might give the government in
and investment in China, Warsaw pause, as it sees itself as promoting
Western values, in tandem with the U.S., in
but these are not truly credible its foreign policy.
alternatives to security and Both Russia and China have incentives to
intelligence partnerships with maintain or exacerbate the current divide
between central and eastern Europe on
the United States. the one hand and the European Union and
United States on the other. China poses a
In addition to this, the U.S. and other lesser threat than Russia to the de facto
regional partners should use Poland and territorial integrity of countries like Poland
Hungary’s desire for power and prestige and Hungary, but China throws its weight
within international organizations to and money around in ways that could
leverage for reform. Both countries would further erode democratic norms.
need to feel they had something to gain by At the same time, when considering its
behaving in line with the norms of those relationship with Poland and Hungary,
institutions and that they have a legitimate the U.S. should avoid over-emphasizing
opportunity to wield influence within such its geopolitical competition with China
organizations. and Russia. At this point, Poland is firmly
More broadly, the United States needs to in the “Western” camp. But countries like
be more consistent in its policy toward the Poland and Hungary are encouraged by the
transatlantic space. This means not fracturing economic opportunities China provides, and
the EU or threatening the integrity of the they should not be forced to choose between
alliance. Lack of predictable U.S. policy in the U.S. and “others.” The U.S. should be
central and eastern Europe, and indeed the mindful of Russian and Chinese activity in
EU, breeds uncertainty among allies and the region but should avoid treating it as
partners, which encourages them to act moves in a zero-sum game. China and Russia
in ways counter to U.S. policy objectives, still have largely transactional relationships
including hedging. This is particularly true with Hungary: Russian activity continues
in Hungary, which has cultivated close to focus on projection of power, and China
relationships with the governments in is focused on sowing economic accord
Beijing and maintained a close relationship through investment, but the government in
with Putin’s Russia. The U.S. can expect Beijing has not seemed eager to dive into
Orbán to continue to deepen ties with China domestic politics outside of the political
and Russia, which is strategically smart, pressure necessary to ensure its own ends.
but it should use diplomatic ties to remind Finally, because the U.S. is facing some
Orbán of Hungary’s enduring and important of the same domestic issues as Poland
relationship with the United States. Hungary and Hungary, it has an opportunity to
may seek diplomatic alternatives in Russia speak to the two CEE countries peer-
or trade and investment in China, but to-peer. Common experience could be a
these are not truly credible alternatives to starting point for recommitting to values
security and intelligence partnerships with underlying a healthy democracy. President
the United States. At the same time, the Biden’s remark at an October 2020 town
United States should consider not getting hall lumping Poland and Hungary in with
too close to the government in Budapest, Belarus as “totalitarian” is not conducive
whose continued threats to the rule of law to a constructive dialogue. Indeed, Biden’s

14
What Can We Do about Poland and Hungary?

victory has gotten a frosty greeting in Poland will require resilient diplomacy backed
and Hungary (as opposed to other Western by rhetoric that reinforces stability rather
countries), as the two countries anticipate than provoking confrontation. With this
the shift in strategy from the incoming U.S. in mind, the U.S. should not shrink away
government. But the Biden Administration from calling out its allies on their more
could echo the dialogue of healing and egregious policies that harm the region’s
return to civility — which it has used most vulnerable communities. The focus
domestically — in addressing such topics must be on keeping Poland and Hungary
on the transatlantic space and bi-lateral ties. from decline while encouraging cooperation
on shared goals. As a part of this, the U.S.

5.3 Conclusion should bring in the EU and NATO members


to uphold democratic norms. Managing
the transatlantic relationship — of which
A more constructive approach to Poland
Hungary and Poland are a vital part — is
and Hungary is essential for sustainable
a long-term project that can only succeed
democratic development and U.S. interests
though pluralism, open dialogue and a
in the CEE region. A successful strategy
shared set of values and objectives.

15
What Can We Do about Poland and Hungary?

Bibliography
Bárd, P. and Kochenov, D. (2018). “The Four Element s of the Autocrats’ Playbook.” Reconnect, September 19, 2018,
<https://reconnect-europe.eu/blog/autocrats-playbook/>
Basu, Z. (2020). “More countries join condemnation of China over Xinjiang abuses,” Axios, 8 October 2020. <https://
www.axios.com/un-statement-china-uighurs-xinjiang-6b29dbf5-b93c-4c70-bd4c-333e1c23471f.html>
Bayer, L. (2020). “EU budget plan lets Hungary, Poland off the rule-of-law hook (for now),” Politico. Dec. 9, 2020,
<https://www.politico.eu/article/eu-budget-plan-lets-hungary-poland-off-the-rule-of-law-hook-for-now/>
Benedikter, R. and Pawl Karolewski, I. (2016), “Poland is Not Hungary: A Response to ‘Poland’s Constitutional Crisis,’”
Foreign Affairs, <https://www.foreignaffairs.com/articles/central-europe/2016-09-21/poland-not-hungary>.
Bernhard, M. et al. (2020). “Weasel Words and the Analysis of ‘Postcommunist’ Politics: A Symposium,” East European
Politics and Societies: and Cultures, 3 March 2020. Vol: 34, Issue: 2: pp. 283–325.
Charnysh, V. (2017) “The Rise of Poland’s Far Right. How Extremism Is Going Mainstream,” Foreign Affairs, <https://
www.foreignaffairs.com/articles/poland/2017-12-18/rise-polands-far-right>
China Global Investment Tracker (CGIT). (2017). Chinese Investment Dataset.
Cooley, A. and Snyder, J. (eds.) (2016). Ranking the World: Grading States as a Tool of Global Governance. Cambridge:
Cambridge University Press.
De la Baume, M. (2020). “MEPs urge EU to push Poland closer to sanctions over rule of law”. Politico. July 16, 2020.
<https://www.politico.eu/article/meps-adopt-call-to-finally-act-on-article-7-against-poland/>
Dempsey, J. (2018). “NATO’s Bad Apples” Carnegie Europe, <https://carnegieeurope.eu/strategiceurope/75962>
(2020). “Judy Asks: Can Europe Save Democracy in Hungary and Poland?” Carnegie
Europe. May 7, 2020, <https://carnegieeurope.eu/strategiceurope/81732>
DW, (2018). “Viktor Orban’s campaign against George Soros ‘mercenaries.’” <https://www.dw.com/en/viktor-orbans-
campaign-against-george-soros-mercenaries/a-44954661>
European Bank for Reconstruction and Development. (2019). Transition Report.
European Bank for Reconstruction and Development (2020). “Coronavirus and the global economy: what next?”,
Comments from EBRD Chief Economist Beata Javorcik, April 16, 2020, <https://www.facebook.com/ebrdhq/videos/
coronavirus-and-the-global-economy-what-next/2541071709500407/>
European Commission. (2019). “European Commission statement on the judgement of the European Court of Justice
on Poland’s Ordinary Courts law”. Judgement of the ECJ on Poland’s Ordinary Courts law. <https://ec.europa.eu/
commission/presscorner/detail/es/statement_19_6225> (2019). The OLAF Report, <https://ec.europa.eu/anti-fraud/
sites/antifraud/files/olaf_report_2019_en.pdf>
(2020). “2020 Rule of law report — Communication and country chapters.” Justice and
Consumers. September 30, 2020, <https://ec.europa.eu/info/publications/2020-rule-law-report-communication-and-
country-chapters_en>
European Parliament. (2020). “Parliament approves the “rule of law conditionality” for access to EU funds,” Press
Room. Dec. 16, 2020. <https://www.europarl.europa.eu/news/en/press-room/20201211IPR93622/parliament-approves-
the-rule-of-law-conditionality-for-access-to-eu-funds>
European Parliament. (2020). “Public Opinion in the EU in Times of covid-19 (3rd survey),” Kantar, Oct. 20, 2020.
<https://www.europarl.europa.eu/resources/library/media/20201020RES89705/20201020RES89705.pdf>
Figlerowicz, M. (2019). “Poland’s Right Won the Day, But Not the Future: New Parties and New Voters Make
Themselves Heard,” Foreign Affairs, <https://www.foreignaffairs.com/articles/poland/2019-10-25/polands-right-won-
day-not-future>
Freedom House. (2020). Nations in Transit, <https://freedomhouse.org/sites/default/files/2020-04/05062020_FH_
NIT2020_vfinal.pdf>
Ganev, forthcoming; and discussion in 2020.
Gardner, A. (2014). “Orbán to Ukraine: give Hungarians autonomy,” POLITICO, May 15, 2014, <https://www.politico.
eu/article/orban-to-ukraine-give-hungarians-autonomy/>

16
What Can We Do about Poland and Hungary?

Gebrekidan, S., Apuzzo, M., and Novak, B. (2019), “The Money Farmers: How Oligarchs and Populists Milk the EU
for Millions,” The New York Times, November 3, 2019, <https://www.nytimes.com/2019/11/03/world/europe/eu-farm-
subsidy-hungary.html>
Government of Poland (2017) “Polish Foreign Policy Strategy 2017-2021,” Ministry of Foreign Affairs of Republic of
Poland.
Government of Poland (2018), “White Paper on the Reform of the Polish Judiciary,” https://www.premier.gov.pl/files/
files/white_paper_en_full.pdf.
Grzymala-Busse, A., Kuo, D., Fukuyama, F., and McFaul, M. (2020), “Global Populisms and Their Challenges,”
Freedom Spogli Institute for International Studies, Stanford University.
Inotai, E. (2020), “Fidesz Submits New Laws to Shore Up Position Before Next Election,” Balkan Insight, Nov. 11,
2020, <https://balkaninsight.com/2020/11/11/fidesz-submits-new-laws-to-shore-up-position-before-next-election/>
Kelmen, R. D. and Orenstein, M. (2016), “Europe’s Autocracy Problem: Polish Democracy’s Final Days?” Foreign
Affairs, <https://www.foreignaffairs.com/articles/poland/2016-01-07/europes-autocracy-problem>
Krekó, P. and Enyedi, Z. (2018), “Explaining Eastern Europe: Orbán’s Laboratory of Illiberalism,” Jounral of Democracy,
Vol 29, Issue 3: pp. 39–51.
Krekó, P. and Juhász, A. (2014), “Silencing Dissent: Hungary’s Crackdown on NGOs,” Human Rights First, September 18, 2014, <https://
www.humanrightsfirst.org/blog/silencing-dissent-hungary-s-crackdown-ngos>
Krekó, P. and Juhász, A. (2015), “Scaling the Wall: Hungary’s Migration Debate,” Foreign Affairs, July 20, 2015,
<https://www.foreignaffairs.com/articles/hungary/2015-07-30/scaling-wall>
Lendvai, P. (2019), “The Transformer: Orbán’s Evolution and Hungary’s,” Foreign Affairs, September/October 2019,
<https://www.foreignaffairs.com/articles/hungary/2019-08-12/transformer>
MacKinnon, A. (2019). “Did Hungary‘s Viktor Orban Turn Trump Against Ukraine?” Foreign Policy, October 22, 2019. <
https://foreignpolicy.com/2019/10/22/hungary-ukraine-feud-viktor-Orbán-trump-russia/>
Michta, C. (2020) Center for European Policy Analysis.
Mukand, S. and Rodrik, D. (2018), “The Political Economy of Ideas: On Ideas Versus Interests in Policymaking,”
Working Paper: National Bureau of Economic Research.
Piatkowski, M. (2018), Europe’s Growth Champion: Insights from the Economic Rise of Poland. Oxford: Oxford University
Press.
Przeworski, A. (2019), Crises of Democracy. Cambridge: Cambridge University Press.
Rodrik, D. (2019). “Why Does Globalization Fuel Populism? Economics, Culture and the Rise of Right-Wing
Populism,” <https://drodrik.scholar.harvard.edu/publications/why-does-globalization-fuel-populism-economics-
culture-and-rise-right-wing>
Rohac, D. (2018), “Hungary and Poland Aren’t Democratic. They’re Authortarian,” Foreign Policy, 5 February 2018.
Sadurski, W. (2019), Poland’s Constitutional Breakdown. Oxford: Oxford University Press.
Shotter, J. (2020), “Poland’s government sets its sights on private media,” Financial Times, <https://www.ft.com/
content/06ead126-f8ee-414e-9c2d-f31ad9ac4ce1>
Spáč, S, Šimalčík, M. and Šípoš, G. (2018), “Let’s Judge the Judges: How Slovakia Opened Its Judiciary to
Unprecedented Public Control,” Transparency International Slovakia, <https://transparency.sk/wp-content/
uploads/2018/03/Impact-Study_pdf_final.pdf>
Szabolcs, P. (2020), “How Orbán played German, Europe’s great power,” Direkt 36, 18 September 2020, <https://www.
direkt36.hu/en/a-magyar-nemet-kapcsolatok-rejtett-tortenete/?fbclid=IwAR1mzzgXoK1sdVQMIcHSdl4iMjFppKeAYn3
XcvbSWCpLJbb9xr6io_AxK5Y>
Szunomar, A. (2018), “Chinese FDI in Central and Eastern Europe: An Overview of Factors Motivating Chinese
MNEs in the CEE Region,” Research Group on Development Economics Institute of World Economics, Centre for
Economic and Regional Studies, Hungarian Academy of Sciences.
Terenzani, et al. (2020). “Slovak Election to Test Orban’s Clout among Ethnic Hungarians”, Balkan Insight, February
12, 2020. <https://balkaninsight.com/2020/02/12/slovak-election-to-test-orbans-clout-among-ethnic-hungarians/>
UNCTAD, Global value chains: investment and trade for development. United Nations, New York and Geneva.

17
What Can We Do about Poland and Hungary?

V-Dem. (2020), “Autocratization Surges,” Democracy Report, V-Dem Institute, <https://www.v-dem.net/media/filer_


public/de/39/de39af54-0bc5-4421-89ae-fb20dcc53dba/democracy_report.pdf>
Velasco A. (2020), “Populism and Identity Politics,” LSE Public Policy Review, 2020; 1(1): 1, pp. 1–8.
Zaborowski, M. (2020), “Do Not Turn A Blind Eye,” Visegrad Insight, June 1, 2020, <https://visegradinsight.eu/not-
turn-blind-eye-us-central-europe/>
(2020). “The Authoritarian Turn,” Visegrad Insight, April 27, 2020, <https://visegradinsight.eu/authoritarian-turn-
presidential-election-poland/>

Endnotes
1 De la Baume, M. and Von Der Burchard, H. (2020). “Von der Leyen threatens EU recovery fund without
Hungary and Poland”. Politico. Dec. 2, 2020, <https://www.politico.eu/article/the-commission-proposes-eu-
recovery-without-hungary-and-poland/>
2 European Parliament. (2020). «Public Opinion in the EU in Times of covid-19 (3rd survey),» Kantar. Oct. 20,
2020. <https://www.europarl.europa.eu/resources/library/media/20201020RES89705/20201020RES89705.pdf>
3 Bayer, L. (2020). «EU budget plan lets Hungary, Poland off the rule-of-law hook (for now),” Politico. Dec. 9,
2020. <https://www.politico.eu/article/eu-budget-plan-lets-hungary-poland-off-the-rule-of-law-hook-for-
now/>

European Parliament. (2020). «Parliament approves the «rule of law conditionality» for access to EU funds,”
Press Room. Dec. 16, 2020. <https://www.europarl.europa.eu/news/en/press-room/20201211IPR93622/
parliament-approves-the-rule-of-law-conditionality-for-access-to-eu-funds>
4 Hungary was the only country in Europe to slide from the category of semi-consolidated democracy to a
hybrid regime; Poland was downgraded from “consolidated democracy” to “semi-consolidated democracy.”
5 Krekó and Enyedi, 2018; Szabolcs, 2020.
6 European Commission and the European Court of Justice, 2019; Sadurski, 2019; Przeworski, 2019)
7 White Paper on the Reform of the Judiciary, Government of Poland, 2018, https://www.premier.gov.pl/files/
files/white_paper_en_full.pdf; Sadecki, 2014, https://www.osw.waw.pl/sites/default/files/pw_41_in-a-state-of-
necessity_net.pdf
8 Charnysh, V. “The Rise of Poland’s Far Right. How Extremism Is Going Mainstream”. Foreign Affairs. December
18, 2017. https://www.foreignaffairs.com/articles/poland/2017-12-18/rise-polands-far-right; Piatkowski, 2018;
Rodrik, 2019.
9 Bernhard et al., 2020; In a forthcoming book, Ganev provides an indicative review of the early exploration
of opinions and phenomenon, including: Seleny, A. “Communism’s Many Legacies in East-Central Europe,”
Journal of Democracy, Vo.18, No.3 ( July 2007), pp.156-170; Mungiu-Pippidi, A. “ EU Accession is No End of
History,” Journal of Democracy, Vol.18, No.4 (October 2007); Greskowits, B. “Economic Woes and Political
Disaffection,” Journal of Democracy, Vol.18, No.4 (October 2007), pp.40-46; Krastev, I.“The Strange Death of the
Liberal Consensus,” Journal of Democracy, Vol.18, No 4 (October 2007), pp.56-63; Rupnik, J. “From Democracy
Fatigue to Populist Backlash,” Journal of Democracy, Vo.18, No.4 (October 2007). Plattner, M. and Diamond, L.
“Is Eastern Europe Backsliding?” Journal of Democracy, Vol. 18, No.3 (October 2007).
10 I.e., Poland and Hungary achieved a certain level of transition toward democracy and are now moving away
from their earlier achievements.
11 Developments in Poland and Hungary are the result of a series of pre-meditated actions aimed at making
the countries more autocratic. Bárd, P. and Kochenov, D. (2018). “The Four Element s of the Autocrats’
Playbook”. Reconnect: 19 September 2018. <https://reconnect-europe.eu/blog/autocrats-playbook/>; social media
discussions on Poland and Hungary, 2020.
12 EBRD (2020). «Coronavirus and the global economy: what next?», Comments from EBRD Chief Economist
Beata Javorcik, April 16, 2020, <https://www.facebook.com/ebrdhq/videos/coronavirus-and-the-global-economy-
what-next/2541071709500407/>

18
What Can We Do about Poland and Hungary?

13 The literature on this is diverse and dense. V-Dem suggests (1) liberal, (2) electoral, (3) participatory, (4)
deliberative, and (5) egalitarian democracy (2020). Freedom House’s scale ranges from (1) consolidated and (2)
semi-consolidated democracies to (3) transitional governments or hybrid regimes, then (4) semi-consolidated
to (5) consolidated authoritarian regimes (Freedom House, 2020). Others have suggested the terms are
altogether unhelpful and confusing. There are also ratings’ scales to consider. This includes the European Bank
for Reconstruction and Development’s (EBRD) development indicators; Transparency International’s corruption
ratings; the World Bank’s Ease of Doing Business (which includes corruption, red tape, and payoff threats); and
the OSCE and OECD’s human rights and business assessments. But no rating scale is without its own biases
and problems (Cooley and Snyder, 2016).
14 Interview with Grzymala-Busse, 2020.
15 Ibid, 2020; Grzymala-Busse, A., Kuo, D., Fukuyama, F., and McFaul, M. (2020). “Global Populisms and Their
Challenges”, Freedom Spogli Institute for International Studies, Stanford University.
16 Grzymala-Busse, Kuo, Fukuyama, and McFaul, 2020.
17 Mukand and Rodrik 2018; Velasco, 2020.
18 Rodrik, D. (2019). “Why Does Globalization Fuel Populism? Economics, Culture, and the Rise of Right-Wing
Populism”. <https://drodrik.scholar.harvard.edu/publications/why-does-globalization-fuel-populism-economics-
culture-and-rise-right-wing>
19 Krastev, 2007; interview with Ganev, 2020.
20 Kelmen, R. D. and Orenstein, M. (2016). “Europe’s Autocracy Problem: Polish Democracy’s Final Days?” Foreign
Affairs. January 7, 2016. https://www.foreignaffairs.com/articles/poland/2016-01-07/europes-autocracy-problem
21 Benedikter, R. and Pawl Karolewski, I. (2016). “Poland is Not Hungary: A Response to ‘Poland’s Consistutional
Crisis’”. Foreign Affairs. September 21, 2016. https://www.foreignaffairs.com/articles/central-europe/2016-09-21/
poland-not-hungary
22 Figlerowicz, M. (2019). “Poland’s Right Won the Day, But Not the Future: New Parties and New Voters
Make Themselves Heard”. Foreign Affairs. October 25, 2019. https://www.foreignaffairs.com/articles/
poland/2019-10-25/polands-right-won-day-not-future
23 Rohac, 2018.
24 An example of the former charge was the removal by the PiS-controlled Sejm (lower house of parliament)
of the requirement for MPs to officially declare side work/incomes/contracts, which opposition MPs claim
could fuel corruption. As for the second criticism, the summer 2020 presidential election campaign saw the
PiS peddle conspiracy theories while regularly labelling dissenting voices as “enemies of the people” or as
problematic to Poland (Zaborowski, 2020).
25 Shotter, J. “Poland’s government sets its sights on private media,” Financial Times. October 25, 2020. https://
www.ft.com/content/06ead126-f8ee-414e-9c2d-f31ad9ac4ce1
26 Piatkowski, 2018; discussions on Polish social media, 2018–2020.
27 Despite this, support for the EU remains high in Poland, and most Poles oppose a “Polexit”.
28 Lendvai, P. (2019). “The Transformer: Orbán’s Evolution and Hungary’s”. Foreign Affairs, September/October
2019. https://www.foreignaffairs.com/articles/hungary/2019-08-12/transformer
29 Krekó, P. and Juhász, A. (2015). “Scaling the Wall: Hungary’s Migration Debate”. Foreign Affairs. July 20, 2015,<
https://www.foreignaffairs.com/articles/hungary/2015-07-30/scaling-wall>
30 Ibid.
31 DW. (2018). “Viktor Orban’s campaign against George Soros ‘mercenaries’,” <https://www.dw.com/en/
viktor-orbans-campaign-against-george-soros-mercenaries/a-44954661>; Krekó, P. and Juhász, A. (2014).
“Silencing Dissent: Hungary’s Crackdown on NGOs”. Human Rights First, September 18, 2014. <https://www.
humanrightsfirst.org/blog/silencing-dissent-hungary-s-crackdown-ngos>
32 Interview with anonymous Hungarian civil society source, April 2020.
33 Michta, C. (2020) Center for European Policy Analysis.

19
What Can We Do about Poland and Hungary?

34 Spáč, S, Šimalčík, M. and Šípoš, G. (2018). “Let’s Judge the Judges: How Slovakia Opened Its Judiciary to
Unprecedented Public Control”. Transparency International Slovakia, <https://transparency.sk/wp-content/
uploads/2018/03/Impact-Study_pdf_final.pdf>; <https://spectator.sme.sk/c/22500493/slovakia-is-closer-to-the-
judiciary-reform-cabinet-approved-the-draft-document.html>
35 European Commission (2020). “2020 Rule of law report — Communication and country chapters”. Justice
and Consumers. September 30, 2020. https://ec.europa.eu/info/publications/2020-rule-law-
re port-communication-and-country-chapters_en
36 Dempsey (2018) “NATO’s Bad Apples” Carnegie Europe. https://carnegieeurope.eu/strategiceurope/75962
37 This is effectively explored in Rodrik, 2019.
38 Interview with Anonymous, April 2020.
39 Polish Foreign Policy Strategy, 2017.
40 “Hungary external relations briefing: Hungarian foreign policy in 2019. China-CEE Institute. 2 March 2020.
<https://china-cee.eu/2020/03/02/hungary-external-relations-briefing-hungarian-foreign-policy-in-2019/>
41 Dunai, M. “Rosatom’s Paks nuclear project in Hungary delayed”. Reuters. 6 October 2017. <https://br.reuters.
com/article/us-rosatom-hungary-nuclearpower-idUSKBN1CB2FT>
42 Szunomar, A. (2018). “Chinese FDI in Central and Eastern Europe: An Overview of Factors Motivating Chinese
MNEs in the CEE Region”. Research Group on Development Economics Institute of World Economics, Centre
for Economic and Regional Studies, Hungarian Academy of Sciences cf MOFCOM/NBS (2017).
43 UNCTAD. “Global value chains: investment and trade for development”. United Nations, New York and
Geneva.
44 China Global Investment Tracker, (2017), Chinese Investment Dataset.
45 Basu, Z. (2020). “More countries join condemnation of China over Xinjiang abuses,” Axios, 8 October 2020.
<https://www.axios.com/un-statement-china-uighurs-xinjiang-6b29dbf5-b93c-4c70-bd4c-333e1c23471f.html>
46 https://thediplomat.com/2017/01/the-pitfalls-of-law-enforcement-cooperation-with-china/; By contrast, when
the US requested the extradition of two Russian arms smugglers from Hungary to US to face charges, Hungary
denied the request and sent them to Russia instead (where they apparently got off the hook). https://www.
reuters.com/article/us-usa-russia-hungary-idUSKCN1NW1I0.
47 https://www.foreignaffairs.com/articles/china/2020-10-23/overreach-china-hawks
48 For example, Orbán gave refuge to the former Macedonian Prime Minister Nikola Gruevski, who was
sentenced to prison on corruption charges, e.g., <https://euobserver.com/opinion/143489>; Orbán has also
teamed up with Vucic of Serbia and Slovenia’s Janza after all have faced criticism for their less democratic
tendencies, e.g., <https://www.politico.eu/article/epp-rebels-lay-out-political-vision-viktor-Orbán-janez-jansa-
aleksandar-vucic/>
49 Terenzani, et al. (2020). “Slovak Election to Test Orban’s Clout among Ethnic Hungarians”, Balkan Insight,
February 12, 2020. <https://balkaninsight.com/2020/02/12/slovak-election-to-test-orbans-clout-among-ethnic-
hungarians/>
50 Something that Orbán has always dismissed as necessary, but that has caused considerable concern among
allies. https://www.dw.com/en/vladimir-putin-and-viktor-Orbáns-special-relationship/a-45512712; https://www.
rferl.org/a/putin-to-visit-eu-nation-hungary-as-russian-presence-grows/30243531.html; https://www.ft.com/
content/9a1988e4-f8ff-11e9-a354-36acbbb0d9b6.
51 Rohac, D., “Hungary Is Turning Into Russia,” Foreign Affairs, April 12, 2017, <https://www.foreignaffairs.com/
articles/hungary/2017-04-12/hungary-turning-russia>.
52 MacKinnon, A. (2019). “Did Hungary’s Viktor Orban Turn Trump Against Ukraine?” Foreign Policy, October 22,
2019. < https://foreignpolicy.com/2019/10/22/hungary-ukraine-feud-viktor-Orbán-trump-russia/>
53 In a 2020 poll, 94% of Hungarians view the treaty as unjust and excessive, e.g., <https://hungarytoday.hu/
survey-majority-hungarians-trianon-treaty-unjust-excessive/>
54 Gardner, A. (2014). “Orbán to Ukraine: give Hungarians autonomy,» POLITICO, May 15, 2014, <https://www.
politico.eu/article/orban-to-ukraine-give-hungarians-autonomy/>

20
What Can We Do about Poland and Hungary?

55 The OLAF Report 2019. European Commission. <https://ec.europa.eu/anti-fraud/sites/antifraud/files/olaf_


report_2019_en.pdf>
56 Gebrekidan, S., Apuzzo, M., and Novak, B. (2019). “The Money Farmers: How Oligarchs and Populists Milk the
EU for Millions,” The New York Times. November 3, 2019. <https://www.nytimes.com/2019/11/03/world/europe/
eu-farm-subsidy-hungary.html>
57 Szabolcs, P. (2020). “How Orbán played Germany, Europe’s great power,” Direkt 36. September 18, 2020.
<https://www.direkt36.hu/en/a-magyar-nemet-kapcsolatok-rejtett-tortenete/?fbclid=IwAR1mzzgXoK1sdVQMIc
HSdl4iMjFppKeAYn3XcvbSWCpLJbb9xr6io_AxK5Y>
58 EBRD Transition report, 2019.
59 OSCE election assessment, Hungary. April 9, 2018. https://www.osce.org/odihr/elections/hungary/377404
60 Diamond, L. and Kovacs, Z. (2019). “How Democracy Is Hungary?” Foreign Affairs. September/October 2019.
https://www.foreignaffairs.com/articles/hungary/2019-08-15/how-democratic-hungary
61 Inotai, E. (2020). “Fidesz Submits New Laws to Shore Up Position Before Next Election». Balkan Insight.
Nov. 11, 2020. https://balkaninsight.com/2020/11/11/fidesz-submits-new-laws-to-shore-up-position-before-
next-election/: “The most controversial of the bills was submitted just one minute before midnight and is an
attempt to modify the country’s electoral law [...] The government argues that the modification is designed to
target what it calls “pseudo-parties”, which run only to get public funding.”
62 Zaborowski, 2020; interview with Anonymous think tank source 2, May 2020
63 Zaborowski, 2020; interview with Anonymous defense source, May 2020.
64 Interview with Anonymous think tank source 1, May 2020.
65 Ibid.
66 Dempsey, J. (2020). “Judy Asks: Can Europe Save Democracy in Hungary and Poland?” Carnegie Europe. May 7,
2020. https://carnegieeurope.eu/strategiceurope/81732

21
© 2021 by the Center for European Policy Analysis, Washington, DC. All rights reserved.

No part of this publication may be used or reproduced in any manner whatsoever without permission in writing
from the Center for European Policy Analysis, except in the case of brief quotations embodied in news articles,
critical articles, or reviews.

Center for European Policy Analysis


1275 Pennsylvania Ave NW, Suite 400
Washington, DC 20004
info@cepa.org | www.cepa.org

You might also like