‘National Consultations’ in Hungary as a Form of State Capture

This paper explores the contemporary dynamics of state capture in the post-socialist context of Hungary. More specifically it examines the institution of ‘National Consultation(s)’ (NC), arguing that these are a method that the Orban (Hungarian) Government purposefully used (since 2010) not only to gain votes and secure their leading position in the upcoming elections, but also to directly change citizens’ receptions and attitudes towards social issues and as fundamental principles of law/state. NCs are paid from public money, do not meet the rigour of an opinion poll or the requirements of a referendum, so therefore they can be understood as ‘political surveys’. Additionally, both the call for participating in the NCs and the displaying of results use extensive billboard campaigns. The questions in the NCs are set up in a way that capitalises on citizens’ anger, fear and vulnerabilities, asking leading questions. This is a politics-led form of state capture, driven by the leading political party, which goes beyond re-shaping the rules of game. This paper aims to explore how the impact of the NCs can be traced through using qualitative research methods. This will be done by analysing citizens’ interactions on social media (Facebook, X) around the latest 2024 NC (De Silva, 2022). I will use an interdisciplinary approach that combines political science (Ost, 2004) and socio-legal theories (relational legal consciousness) to examine how the questions of the NC have affected citizens’ understandings of social issues, as well as their perceptions of what constitutes as democratic institutions and rule of law. I will show how the NC purposefully shapes citizens’ beliefs, impressions and inclinations with regard to law (Chua and Engel, 2019). Finally, I argue that recognising this type of capture progresses Dávid-Barrett’s (2023) framework on identifying and understanding the mechanisms and impact of state capture.