Covid 19, Stato di diritto e Convenzione europea dei diritti dell'uomo: il caso ungherese

Abstract

In this brief intervention it is submitted that the emergency measures against COVID-19, adopted by the Hungarian Government, infringe the rule of law under the European Convention of Human Rights. First of all, these measures appear to be discriminatory, according to art. 1 of the Convention, insofar as they expressly aim at protecting only Hungarian citizens. Furthermore, they are not “necessary” under article 15, given that they extend to the « legal security and the stability of the national economy ». Thirdly, the measures at stake cannot be deemed proportionate (under art. 15), to the extent that : (a) they are not limited in time ; (b) they provide the government with the power to extend the state of emergency ; (c) they do not provide that parliamentary sittings may be held online. Finally, the very weak reactions of both the EU organs and the member Stats of the Council of Europe are critically highlighted.