This article discusses how an illiberal regime within the EU can hinder the mobilization of citizens and civil actors by creating an atmosphere of "ambiguity". In our analysis, we first discuss the Constitution of 2011, which provides the driving force of the regime, and next using the example of the migration crisis show how this atmosphere of ambiguity is created. We argue that although there is no physical violence present, opponents of the regime are disheartened to act because of the general atmosphere relying on the logic of constitutional othering, dividing the world into its enemies and friends and shifting from the rule of law to ruling by law. While the regime's gaudy campaigns against immigrants, NGOs, Central European University, the EU or George Soros are omnipresent, we aim to go deeper and highlight the mechanism through which the regime manages to discourage citizens from voicing their discontent.

There is an increasing, or increasingly visible, societal trend in the EU and beyond—often followed by constitutional changes—that challenges inclusive constitutional values. The discourses underlying these changes emphasize the inviolability of national identity and redefine it with a strong reliance on exclusive constitutional values. This Article asserts that exclusive constitutional values—that are defined as values that question the moral equality of some members of the community—necessarily shrink the room for inclusive values, and a critical mass of exclusive values can lead to a hallowing out of a democratic order, both on the national and on the supranational level. The Article presents Hungary as a case where the populist-exclusivist elements of political rhetoric—that are also present elsewhere—became part of constitutional law and have transformed the political system. The case study shows how the redefinition of Member States' constitutional identities, along recent societal trends and exclusive constitutional values, could clash with the inclusive values of the European Union and relegate European institutions to the position of “the Other,” thereby endangering constitutional democracy. In particular, the Article shows how the rule praising and recognizing diverse Member State constitutional identities can work to embolden the already strong trend to challenge inclusive constitutional values.

This study presents the changing situation of the Roma in the second half of the twentieth century. The authors examine the effects of the policies of the Hungarian state towards minorities by analyzing legal regulations, policy documents, archival sources and sociological surveys. The book offers theoretical background to one of the most burning issues in east Europe. In the first phase (1945-61), the authors show the efforts of forced assimilation by the communist state. The second phase (1961-89) began with the party resolution denying nationality status to the Roma. The prevailing thought was that Gypsy culture was a culture of poverty that must be eliminated. Forced assimilation through labor activities continued. In the 1970s Roma intellectuals began an emancipatory movement, and its legacy can still be felt. The third phase (1989-2010) brought about some freedoms and rights for the Roma, with large sums spent on various Roma-related programs. Despite these efforts, the situation on the ground did not improve. Segregation and marginalization continues, and is rampant.

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