Misjudging Electoral Autocracy: The Strasbourg Court on Minority Voting Rights in Hungary

Abstract The article looks at two electoral cases from the European Court of Human Rights that raise long-disputed doctrinal issues. Bakirdzi and E.C. v. Hungary deals with the preferential representation of national minorities in parliament, while Zsófia Vámos v. Hungary concerns the rights of Hungarians living beyond the borders to vote in general elections. The author argues that the Court would need to critically examine the social and political system when deciding on electoral rules in order not to miss the forest for the trees, i.e., the way authoritarian regimes manipulate elections. If this is not done, even if decisions condemn Hungary, they may have a legitimising function for the regime. Using a feminist approach that introduces critical perspectives by rewriting problematic court decisions, the article will show how these cases should have been decided and argued in light of the real facts and political context. The article highlights the future potential external constraints of an authoritarian regime and empowers the supporters of constitutional democracy in Hungary.