Socialist welfare schemes and constitutional adjudication in Hungary 1

The indiscriminate use of the expression “welfare rights” in post-communist Hungary reflects the indiscriminate provision of welfare during state socialism. A considerable number of the socialists’ supporters expect them to re-introduce the social services that were provided prior to 1989. The conservative Antall government continued state socialist welfare spending practices, thereby increasing the budget deficit, which was financed in part by foreign loans. In 1995, servicing the debt risked plunging the country into bankruptcy. According to the theory of positive rights protection, the material conditions guaranteed by the state should enable self-determination. The Hungarian Court refused to accept or even consider the government’s position as to the imperativeness of the new circumstances that would allow, under French doctrine, a restriction of rights. The more fundamental rights citizens have, the more there is to be protected and, therefore, the regulatory domain becomes increasingly constitutionalised, that is, subject to the constitutional review.