PRESIDENT SOLYOM'S INJUDICIOUS ACTIVISM

C O N F I D E N T I A L SECTION 01 OF 02 BUDAPEST 001213

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E.O. 12958: DECL: 12/15/2013
TAGS: PGOV KBIO HU
SUBJECT: PRESIDENT SOLYOM'S INJUDICIOUS ACTIVISM

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Classified By: P/E COUNSELOR ERIC V. GAUDIOSI; REASONS 1.4 (B) AND (D)


1. (C) Summary: The chorus of complaints regarding Prime
Minister Gyurcsany has largely but not completely obscured
the mixed reviews received by President Laszlo Solyom. Seen
as principled by his supporters and pedantic by his critics,
Solyom has tested the boundaries of his largely ceremonial
position. His minimal experience in economics and
international affairs, combined with his personal animus
toward the Prime Minister, has limited his ability to promote
political compromises. Moreover, his legalistic approach and
seeming ambivalence toward the U.S. will likely remain
complicating factors in our efforts to work with Hungary on
key initiatives. End Summary.

SOLYOM'S APPEAL ...


2. (C) A former President of the Constitutional Court,
Solyom emerged as a dark horse for the Presidency in 2005.
Originally proposed to Parliament by an NGO and no longer a
member of any political party (though formerly in the
center-right Hungarian Democratic Forum),he has been an
often divisive force in a position envisioned as a ceremonial
figure and a unifying force in national politics. Former
SzDSz Faction Leader Gabor Kuncze, who regards his party's
support of Solyom as "among our worst mistakes," notes
sardonically that "Solyom helped define the Presidency when
he was a judge ... and now he's trying to break out of the
box he built." Hailed by supporters as an apolitical figure
who is "not like all the others," Solyom often leads
Hungary's popularity polls ) albeit with approval ratings of
only 50 percent. His critics, by contrast, regard him as
"just another politician ) only a very inept one." (Note:
These deep differences of opinion regarding Solyom extend to
our local staff, as our informal survey revealed. End Note.)


AND CRITICS' OBJECTIONS


3. (C) Variously described as a liberal and a conservative,
Solyom is first and foremost a legalist, often both myopic
and politically tone-deaf. He has argued, for example, for
an expansive definition of the social "guarantees" extended
by Communist-era provisions of Hungary's Constitution without
regard to current economic realities. He's also drawn fire
for his objections to proposed legislation on hate speech,
and for his decision not to attend the National Summit
designed to build a national consensus in response to
economic crisis.


4. (C) Although we sense no particular anti-Americanism on
his part, he could not be described as particularly
pro-American. Early in his term, Solyom infamously remarked
that he would not visit the United States due to
fingerprinting requirements, and his pet issues of privacy
and environmental protection have put him publicly at odds
with us on high-profile issues including the sharing of
personal data to the construction of the NATO radar facility
at Tubes. The former issue, for example, led him to refer
the enabling legislation behind the Visa Waiver agreement
back to Parliament, forcing the government ) and the embassy
) to scramble to contain the fall-out with Secretary
Chertoff en route to Budapest.

HOLDING THE GOVERNMENT IN CONTEMPT


5. (C) He is far more often a thorn in the side of the
Gyurcsany government, however. Though steadfast in his
support for the rule of law - and indeed privately shaken by
the extent of the violence during the demonstrations of 2006
and 2007, he has remained an outspoken critic of the police
and of the Prime Minister. Solyom has had pointedly little
personal contact with the PM in the past year. His trips
overseas, for example, are often timed to avoid ceremonial
events where he and Gyurcsany would otherwise be together,
and he makes no (secret) of his low personal regard for the PM.
"He's certainly not alone in his feelings about Gyurcsany,"
observed one contact, "but the President is supposed to be
above the partisan fray."


6. (C) This friction often extends to the distant
relationship between the President's Office and the
bureaucracy. Sources throughout the Ministries note that
their efforts to brief the President and his staff are often
rebuffed, even on economic and foreign policy issues where
Solyom lacks deep experience ... if not strong opinions. As
one MFA official jokingly observed after Solyom's staff
declined our offer of a briefing on Kosovo before his 2006
trip to Serbia, "don't feel bad - they're not interested in
hearing about Hungarian policy either." This makes Solyom's

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frequent travel to ethnic Hungarian communities abroad -
complete with references to "autonomy" - a particular source
of tension for the Gyurcsany government.


7. (C) GoH officials also complain bitterly that Solyom
needlessly uses his prerogative to return legislation to
Parliament or to refer it to the Constitutional Court. One
irate MP fumed that "as a President he's a hell of a judge."
Although government contacts believe they can work around
Solyom, who they sometimes point out is "only the President,"
MSzP contacts fear that he will use what powers he does have
- such as scheduling elections - to their detriment.
"Solyom's criticism is always principled," concludes one
Socialist MP archly, "but I notice that his principles seem
to tilt to the right."

RESPECT AND RESERVATIONS FROM THE RIGHT


8. (C) But frustration with Solyom is not limited to the
left. While generally careful to refer to Solyom as "our
President" (rather than the Socialists' preferred epithet
"that man"),some opposition figures are disappointed that
Solyom has not used his moral authority to call more
explicitly for Gyurcsany's resignation. Though they
generally feel that he is philosophically sympathetic, many
FIDESZ officials regard him as politically unpredictable.


9. (C) Indeed, Solyom has been sharp in his comments
regarding the opposition following their votes against his
nominations to serve as Hungary's various omsbudsmen. This
has been a particular point of contention during Solyom's
tenure, and he has resolutely refused to consult with
Parliament regarding his personnel selections. Following the
Parliament's recent rejection of his nominee to head the
Constitutional Court, Solyom let fly with a bitter televised
diatribe in which he denounced MPs' votes as "shameful and
unconstitutional." The result of this war of wills has been
a government that has gone for protracted periods without key
officials, reinforcing the perception of many that "Hungary
is not being governed."

I, THE JURY


10. (C) Comment: In a country that respects expertise,
Solyom is universally recognized as the preeminent expert on
the Hungarian Constitution. As one former Justice Minister
observes, "Solyom wrote so much of the Constitution he feels
that he's the only one who can interpret it." But most
Hungarians agree that the Constitution is broken, and Solyom
has been no repairman. Indeed, his expertise seemingly leads
him to ordain but not to accept alternate views. Even his
supporters find him to be an aloof activist, and he has been
reluctant to move beyond the minutiae of the law to use the
bully pulpit of the Presidency to speak out on broader social
problems such as intolerance. Though seemingly frustrated by
the strictures of his role as Head of State, Solyom often
appears uninterested in using his office to broker the
political compromises Hungary so desperately needs.
Moreover, Solyom's animosity toward the Prime Minister and
impermeability to outside engagement may leave our
initiatives at odds with his opinions. Even if he does not
consciously obstruct decisions merely because they involve
us, to date he has been unhelpful in practice if not in
intent. He will remain a wild card in the deck as we
continue our efforts to work with a distracted government and
a divided Parliament. End Comment.


Foley