Hungary > Fundamental Law -- Part III and IV
Article 1 [Powers](1) Hungary's supreme organ of popular representation is the National Assembly.
(2) The National Assembly:
a. adopts and amend the Fundamental Law of Hungary;
b. adopts Acts;
c. adopts the central budget and approve its implementation;
d. authorizes the expression of consent to be bound by international treaties falling
within its functions and powers;
e. elects the President of the Republic, the members and the President of the
Constitutional Court, the President of the Curia, the President of the National Office for the Judiciary, the Prosecutor General, the Commissioner for Fundamental Rights and his or her deputies, and the President of the State Audit Office;
f. elects the Prime Minister, decide on any matter of confidence related to the Government;
g. dissolves representative bodies the operation of which is in conflict with the Fundamental Law;
h. decides to declare a state of war and to make peace;
i. takes decisions concerning a special legal order or related to the participation in
military operations;
j. grants general pardons;
k. exercises further functions and powers laid down in the Fundamental Law or in an Act.
Article 2 [Election](1) Members of the National Assembly are being elected by universal and equal suffrage in a direct and secret ballot, in elections which guarantee the free expression of the will of the voters, in a manner laid down in a cardinal Act.
(2) The participation of nationalities living in Hungary in the work of the National Assembly is regulated by a cardinal Act.
(3) The general elections of the Members of the National Assembly are held in the month of April or May of the fourth year following the election of the previous National Assembly, except for elections held due to the National Assembly dissolving itself or to it being dissolved.
Article 3 [Beginning of the Mandate, Dissolution](1) The mandate of the National Assembly commences with its constitutive sitting and lasts until the constitutive sitting of the next National Assembly. The constitutive sitting is convened by the President of the Republic within thirty days of the elections.
(2) The National Assembly may declare its own dissolution.
(3) The President of the Republic, while simultaneously setting a date for new elections, may dissolve the National Assembly if:
a. the National Assembly, when the mandate of the Government terminates, fails to elect
the person proposed for Prime Minister by the President of the Republic within forty
days of the presentation of the first proposal, or
b. the National Assembly fails to adopt the central budget for the year in question by 31
March.
(4) Before dissolving the National Assembly, the President of the Republic is obliged to seek the opinion of the Prime Minister, the Speaker of the National Assembly, and the leaders of the parliamentary groups.
(5) The President of the Republic may exercise his or her right set out in Paragraph (3)a. until the National Assembly elects the Prime Minister. The President of the Republic may exercise his or her right set out in Paragraph (3)b. until the National Assembly adopts the central budget.
(6) The new National Assembly must be elected within ninety days of the National Assembly dissolving itself or of it being dissolved.
Article 4 [Independence](1) Members of the National Assembly have equal rights and obligations, they perform their activities in the public interest, and they must not be given instructions in that respect.
(2) Members of the National Assembly are entitled to immunity and to remuneration ensuring their independence. A cardinal Act specifies the public offices, which may not be held by Members of the National Assembly, and may lay down other cases of conflict of interests.
(3) The mandate of a Member of the National Assembly terminates
a. upon the termination of the mandate of the National Assembly;
b. upon his or her death;
c. upon the declaration of a conflict of interests;
d. upon his or her resignation;
e. if the conditions required for his or her election no longer exist;
f. if he or she has failed to participate in the National Assembly's work for one year.
(4) The National Assembly decides with the votes of two-thirds of the Members of the National Assembly present on the establishment of the absence of the conditions required for the election of a Member of the National Assembly, on the declaration of a conflict of interests, as well as on the establishment of a Member of the National Assembly's failure to participate in the National Assembly's work for one year.
(5) The detailed rules relating to the legal status and the remuneration of Members of the National Assembly are to be laid down in a cardinal Act.
Article 5 [Sittings](1) The sittings of the National Assembly are public. At the request of the Government or of any Member of the National Assembly, and with the votes of two-thirds of the Members of the National Assembly, the National Assembly may decide to hold a sitting in-camera.
(2) The National Assembly elects the Speaker of the National Assembly, Deputy Speakers and parliamentary notaries from among its members.
(3) The National Assembly establishes standing committees consisting of Members of the National Assembly.
(4) In order to coordinate their activities, Members of the National Assembly may establish parliamentary groups in accordance with the conditions laid down in the provisions of the Rules of Procedure.
(5) The National Assembly has a quorum if more than half of its Members are present at the sitting.
(6) Unless otherwise provided in the Fundamental Law, the National Assembly takes its decisions with the votes of more than half of the Members of the National Assembly present. The provisions of the Rules of Procedure may provide that for certain decisions to be taken, qualified majority is required.
(7) The National Assembly establishes the rules of its operation and the order of its debates in the provisions of the Rules of Procedure adopted with the votes of two-thirds of the Members of the National Assembly present. In order to ensure undisturbed operation of the National Assembly and to preserve its dignity, the Speaker of the National Assembly exercises policing and disciplinary powers laid down in the provisions of the Rules of Procedure.
(8) The provisions ensuring regular sittings of the National Assembly are to be laid down in a cardinal Act.
(9) The security of the National Assembly is being provided by a Parliamentary Guard. The Parliamentary Guard operates under the authority of the Speaker of the National Assembly.
Article 6 [Legislation](1) The President of the Republic, the Government, any parliamentary committee or any Member of the National Assembly may initiate Acts.
(2) The National Assembly may, upon the motion submitted before the final vote by the initiator of the Act, by the Government or by the Speaker of the National Assembly, send the adopted Act to the Constitutional Court for an examination of its conformity with the Fundamental Law. The National Assembly decides on the motion after the final vote. If the motion is adopted, the Speaker of the National Assembly forthwith sends the adopted Act to the Constitutional Court for an examination of its conformity with the Fundamental Law.
(3) The Speaker of the National Assembly signs within five days the adopted Act and sends it to the President of the Republic. The President of the Republic signs within five days the Act sent to him or her and orders its promulgation. If the National Assembly has sent the Act to the Constitutional Court for an examination of its conformity with the Fundamental Law under Paragraph (2), the Speaker of the National Assembly may only sign and send it to the President of the Republic if the Constitutional Court has not found any conflict with the Fundamental Law.
(4) If the President of the Republic considers the Act or any of its provisions to be in conflict with the Fundamental Law and no examination under Paragraph (2) has been conducted, he or she sends the Act to the Constitutional Court for an examination of its conformity with the Fundamental Law.
(5) If the President of the Republic disagrees with the Act or any of its provisions and has not exercised his or her right under Paragraph (4), prior to signing the Act he or she may return it once, along with his or her comments, to the National Assembly for reconsideration. The National Assembly holds a new debate on the Act and decides on its adoption again. The President of the Republic may also exercise this right if no conflict with the Fundamental Law has been established by the Constitutional Court in the examination conducted under the National Assembly's decision.
(6) The Constitutional Court decides on the motion under Paragraph (2) or (4) with priority but within thirty days at the latest. If the Constitutional Court establishes a conflict with the Fundamental Law, the National Assembly holds a new debate on the Act in order to eliminate the conflict.
(7) If the Constitutional Court does not establish any conflict with the Fundamental Law in the examination initiated by the President of the Republic, the President of the Republic forthwith signs the Act and orders its promulgation.
(8) The Constitutional Court may be requested to conduct another examination, under Paragraph (2) or (4), of the conformity with the Fundamental Law of the Act debated and adopted by the National Assembly in accordance with Paragraph (6). The Constitutional Court decides on the repeated motion with priority but within ten days at the latest.
(9) If the National Assembly amends the Act returned due to disagreement of the President of the Republic, the examination of its conformity with the Fundamental Law under Paragraph (2) or (4) may be requested only in relation to the amended provisions or on the grounds of failure to meet the procedural requirements laid down in the Fundamental Law for the making of that Act. If the National Assembly adopts the Act returned due to disagreement of the President of the Republic with the text not being altered, the President of the Republic may request the examination of its conformity with the Fundamental Law on the grounds of failure to meet the procedural requirements laid down in the Fundamental Law for the making of that Act.
Article 7 [Parliamentary Supervision](1) Members of the National Assembly may address questions to the Commissioner for Fundamental Rights, the President of the State Audit Office, the Prosecutor General, or the Governor of the National Bank of Hungary about any matter within their functions.
(2) Members of the National Assembly may address interpellations or questions to the Government or any of its members about any matter within their functions.
(3) The inquiry activities of parliamentary committees and the obligation to appear before such committees are to be regulated by a cardinal Act.
Article 8(1) The National Assembly orders a national referendum at the initiative of at least two hundred thousand voters. The National Assembly may order a national referendum at the initiative of the President of the Republic, the Government or one hundred thousand voters. The decision taken on a valid and conclusive referendum is binding on the National Assembly.
(2) National referendums may be held about any matter falling within the functions and powers of the National Assembly.
(3) No national referendum may be held on:
a. any matter aimed at the amendment of the Fundamental Law;
b. the contents of the Acts on the central budget, the implementation of the central budget, central taxes, duties, contributions, customs duties or the central conditions for local taxes;
c. the contents of the Acts on the elections of Members of the National Assembly, local government representatives and mayors, or Members of the European Parliament;
d. any obligation arising from international treaties;
e. personal matters and matters concerning the establishment of organizations within the competence of the National Assembly;
f. the dissolution of the National Assembly;
g. the dissolution of a representative body;
h. the declaration of a state of war, state of national crisis or state of emergency, furthermore on the declaration or extension of a state of preventive defense;
i. any matter related to participation in military operations;
j. the granting of general pardons.
(4) A national referendum is valid if more than half of all voters have cast valid votes, and it is conclusive if more than half of those voting validly have given the same answer to a question.
Article 9 [Powers](1) The Head of State of Hungary is the President of the Republic, who embodies the unity of the nation and be the guardian of the democratic functioning of the state organization.
(2) The President of the Republic is the Commander in Chief of the Hungarian Defense Forces.
(3) The President of the Republic:
a. represents Hungary;
b. may attend and address the sittings of the National Assembly;
c. may initiate Acts;
d. may initiate national referendums;
e. sets the date for general elections of Members of the National Assembly, local government representatives and mayors, furthermore for European Parliament elections and national referendums;
f. takes decisions concerning a special legal order;
g. convenes the constitutive sitting of the National Assembly;
h. may dissolve the National Assembly;
i. may send the adopted Fundamental Law or the amendment of the Fundamental Law to the Constitutional Court for an examination of its conformity with the procedural requirements laid down in the Fundamental Law with respect to its adoption, and may send adopted Acts to the Constitutional Court for an examination of their conformity with the Fundamental Law or may return them to the National Assembly for reconsideration;
j. proposes persons for the offices of the Prime Minister, the President of the Curia, the President of the National Office for the Judiciary, the Prosecutor General and the Commissioner for Fundamental Rights;
k. appoints professional judges and the President of the Budget Council;
l. confirms the President of the Hungarian Academy of Sciences and the President of the Hungarian Academy of Arts in his or her office;
m. forms the organization of his or her office.
(4) The President of the Republic:
a. on the basis of authorization by the National Assembly, expresses consent to be bound by international treaties;
b. accredits and receives ambassadors and envoys;
c. appoints Ministers, the Governor and Deputy Governors of the National Bank of Hungary, the heads of autonomous regulatory organs and university professors;
d. assigns university rectors;
e. appoints and promotes generals;
f. awards decorations, prizes and titles specified in an Act, and authorizes the use of foreign state decorations;
g. exercises the right to grant individual pardons;
h. decides on matters of territorial organization falling within his or her functions and powers;
i. decides on matters related to the acquisition or termination of citizenship;
j. decide on all matters within the powers conferred on him or her by an Act.
(5) The counter-signature of a Member of the Government is required for all actions and decisions of the President of the Republic under Paragraph (4). An Act may provide that for decisions taken within the powers conferred on the President of the Republic by an Act, no counter-signature may be required.
(6) The President of the Republic refuses to act in accordance with the provisions set out in Paragraphs (4)b. to e. if the conditions required by legal regulations are not met or if he or she has well-grounded reasons to conclude that it would lead to a serious disorder in the democratic functioning of the state organization.
(7) The President of the Republic refuses to act in accordance with the provision set out in Paragraph (4)f., if it would violate the values enshrined in the Fundamental Law.
Article 10 [Term of Presidency](1) The President of the Republic is elected for five years by the National Assembly.
(2) Any Hungarian citizen who has reached the age of thirty-five years may be elected President of the Republic.
(3) The President of the Republic may be re-elected only once.
Article 11 [Election of President](1) The President of the Republic is elected no sooner than sixty but no later than thirty days before expiry of the mandate of the previous President of the Republic, or if his or her mandate terminated prematurely, within thirty days of the termination. The date for the election of the President of the Republic is set by the Speaker of the National Assembly. The National Assembly elects the President of the Republic by secret ballot.
(2) The election of the President of the Republic is preceded by nomination. For a nomination to be valid, the written recommendation of at least one-fifth of the Members of the National Assembly is required. Nominations are to be submitted to the Speaker of the National Assembly before the vote is ordered. Every Member of the National Assembly may recommend one candidate. If a Member of the National Assembly recommends more than one candidate, all recommendations of that Member are invalid.
(3) President of the Republic elected in the first round of voting is the candidate who receives the votes of two-thirds of the Members of the National Assembly.
(4) If the first round of voting is inconclusive, a second round is to be held. In the second round of voting, votes may be cast for the two candidates receiving the highest and second highest numbers of votes in the first round. In the event of a tie for first place in the first round of voting, votes may be cast for those candidates who have received the highest number of votes. In the event of a tie only for second place in the first round of voting, votes may be cast for those candidates who have received the highest and second highest numbers of votes. President of the Republic elected in the second round of voting is the candidate who -- regardless of the number of those participating in the vote -- receives the highest number of valid votes. Should the second round of voting also be inconclusive, a new election is to be held on the basis of repeated nomination.
(5) The voting procedure is to be completed within no more than two consecutive days.
(6) The President-elect of the Republic takes office upon expiry of the mandate of the previous President of the Republic, or if his or her mandate terminated prematurely, on the eighth day after the announcement of the result of the election; prior to taking office the President-elect of the Republic must take an oath before the National Assembly.
Article 12 [Incompatibilities, Termination](1) The person of the President of the Republic is inviolable.
(2) The office of the President of the Republic is incompatible with any other state, social, economic or political office, or assignment. The President of the Republic may not pursue any other gainful occupation, and may not receive a pay for any other activity, except for activities falling under copyright protection.
(3) The mandate of the President of the Republic terminates:
a. upon the expiry of his or her term of office;
b. upon his or her death;
c. if he or she is incapable of performing his or her functions for over ninety days;
d. if the conditions required for his or her election no longer exist;
e. upon the declaration of a conflict of interests;
f. upon his or her resignation;
g. upon his or her removal from the office of the President of the Republic.
(4) The National Assembly decides with the votes of two-thirds of the Members of the National Assembly present on the establishment of any condition of the President of the Republic preventing him or her of performing his or her functions for over ninety days, or of the absence of the conditions required for his or her election, or on the declaration of a conflict of interests.
(5) The detailed rules for the legal status of the President of the Republic and the previous Presidents of the Republic, and their remuneration are to be laid down in a cardinal Act.
Article 13 [Removal from Office, Impeachment](1) Criminal proceedings against the President of the Republic may be instituted only after the termination of his or her mandate.
(2) If the President of the Republic intentionally violates the Fundamental Law or, in connection with performing his or her office, any Act, and/or if he or she commits an intentional criminal offence, one-fifth of the Members of the National Assembly may propose his or her removal from office.
(3) For the impeachment procedure to be instituted, the votes of two-thirds of the Members of the National Assembly are required. Voting is held by secret ballot.
(4) As from the adoption of the decision of the National Assembly, the President of the Republic may not exercise his or her powers until the impeachment procedure is concluded.
(5) The Constitutional Court has the power to conduct the impeachment procedure.
(6) If, as a result of the procedure, the Constitutional Court establishes the responsibility of the President of the Republic under public law, it may remove the President of the Republic from office.
Article 14 [Temporary Impediment](1) If the President of the Republic is temporarily prevented from acting, or if the mandate of the President of the Republic terminates, the Speaker of the National Assembly exercises the functions and powers of the President of the Republic until he or she is no longer prevented from acting, or until the new President of the Republic takes office, respectively.
(2) The fact that the President of the Republic is temporarily prevented from acting must be established by the National Assembly at the initiative of the President of the Republic, the Government or any Member of the National Assembly.
(3) While substituting for the President of the Republic, the Speaker of the National Assembly may not exercise his or her rights as a Member of the National Assembly, and his or her duties as Speaker of the National Assembly is be performed by the Deputy Speaker of the National Assembly designated by the National Assembly.
Article 15 [Powers](1) The Government is the general organ of the executive branch; it exercises all the functions and powers, which are not expressly conferred by the Fundamental Law or a legal regulation on another organ. The Government is accountable to the National Assembly.
(2) The Government is the principal organ of public administration; it may establish organs of state administration, as provided for by an Act.
(3) Acting within its functions, the Government adopts decrees in matters not regulated by an Act, or on the basis of authorization by an Act.
(4) No government decree must conflict with any Act.
Article 16 [Office, Election](1) The Members of the Government is the Prime Minister and the Ministers.
(2) By means of a decree, the Prime Minister designates one or more Deputy Prime Minister(s) from among the Ministers.
(3) The Prime Minister is elected by the National Assembly on the proposal of the President of the Republic.
(4) The Prime Minister is elected with the votes of more than half of the Members of the National Assembly. The Prime Minister takes office upon his or her election.
(5) The President of the Republic presents his or her proposal referred to in Paragraph (3):
a. at the constitutive sitting of the new National Assembly, if the Prime Minister's mandate has terminated upon the formation of the newly-elected National Assembly;
b. within fifteen days of the termination of the Prime Minister's mandate, if the Prime Minister's mandate has terminated upon his or her resignation, his or her death, the declaration of a conflict of interests, due to the absence of the conditions required for his or her election or because the National Assembly has expressed its lack of confidence in
the Prime Minister in a confidence vote.
(6) If the National Assembly fails to elect the person proposed for Prime Minister in accordance with Paragraph (5), the President of the Republic presents a new proposal within fifteen days.
(7) Ministers are being appointed by the President of the Republic on the proposal of the Prime Minister. Ministers take office on the date designated in the deed of appointment or, in the absence thereof, upon their appointment.
(8) The Government is established when Ministers are appointed.
(9) The Members of the Government takes an oath before the National Assembly.
Article 17 [Ministries](1) Ministries are listed in an Act.
(2) Ministers without portfolio may be appointed to perform the functions determined by the Government.
(3) The capital or county government offices form the territorial state administration organs of the Government with general competence.
(4) Provisions of a cardinal Act regarding the designation of ministries, Ministers or organs of the public administration may be amended by an Act.
(5) The legal status of government officials is regulated by an Act.
Article 18 [Governmental Decrees](1) The Prime Minister defines the general policy of the Government.
(2) Ministers autonomously control, within the framework of the general policy of the Government, the sectors of state administration within their functions and the subordinated organs, and perform the tasks determined by the Government or the Prime Minister.
(3) Acting on the basis of authorization by an Act or a government decree, and within their functions, Members of the Government adopt decrees, either autonomously or in agreement with other Ministers; no such decree must conflict with any Act, government decree or decree of the Governor of the National Bank of Hungary.
(4) Members of the Government are accountable to the National Assembly for their actions, and Ministers are accountable to the Prime Minister. Members of the Government may attend and address the sittings of the National Assembly. The National Assembly or a parliamentary committee may oblige Members of the Government to attend their sitting.
(5) The detailed rules for the legal status of Members of the Government, their remuneration, as well as the rules regarding the substitution of Ministers are to be laid down in an Act.
Article 19 [Parliamentary Participation]The National Assembly may request information from the Government on the government position to be represented in the decision-making procedures of the intergovernmental institutions of the European Union, and may take a position on the draft placed on the agenda in the procedure. In the course of the decision-making of the European Union, the Government acts on the basis of the position taken by the National Assembly.
Article 20 [Termination](1) Upon the termination of the Prime Minister's mandate, the mandate of the Government terminates.
(2) The Prime Minister's mandate terminates:
a. upon the formation of the newly-elected National Assembly;
b. if the National Assembly expresses its lack of confidence in the Prime Minister and elects a new Prime Minister;
c. if the National Assembly expresses its lack of confidence in the Prime Minister in a confidence vote initiated by the Prime Minister;
d. upon his or her resignation;
e. upon his or her death;
f. upon the declaration of a conflict of interests;
g. if the conditions required for his or her election no longer exist.
(3) A Minister's mandate terminates:
a. upon the termination of the Prime Minister's mandate;
b. upon his or her resignation;
c. upon his or her dismissal;
d. upon his or her death.
(4) The National Assembly decides with the votes of two-thirds of the Members of the National Assembly present on the establishment of the absence of the conditions required for the election of the Prime Minister or on the declaration of a conflict of interests.
Article 21 [Vote of No-Confidence](1) One-fifth of the Members of the National Assembly may, together with the designation of a candidate for the office of Prime Minister, submit a written motion of no-confidence against the Prime Minister.
(2) If the National Assembly supports the motion of no-confidence, it thereby expresses its lack of confidence in the Prime Minister and simultaneously elects the person proposed for the office of Prime Minister in the motion of no-confidence. For such decision of the National Assembly, the votes of more than half of the Members of the National Assembly is required.
(3) The Prime Minister may put forward a confidence vote. The National Assembly expresses its lack of confidence in the Prime Minister if more than half of the Members of the National Assembly do not support the Prime Minister in the confidence vote proposed by the Prime Minister.
(4) The Prime Minister may propose that the vote on a proposal submitted by the Government be simultaneously a confidence vote. The National Assembly expresses its lack of confidence in the Prime Minister if it does not support the proposal submitted by the Government.
(5) The National Assembly decides on the question of confidence after the third day, but no later than eight days following the submission of the motion of no-confidence or of the Prime Minister's motion pursuant to Paragraphs (3) or (4).
Article 22 [Transitional Provisions](1) From the termination of its mandate until the formation of the new Government, the Government exercises its powers as a caretaker government, but may not express consent to be bound by international treaties, and may adopt decrees only on the basis of authorization by an Act and in cases of urgency.
(2) If the Prime Minister's mandate terminates upon his or her resignation or the formation of the newly-elected National Assembly, the Prime Minister exercises his or her powers as a caretaker Prime Minister until the election of the new Prime Minister, but may not propose the dismissal of Ministers or the appointment of new Ministers, and may adopt decrees only on the basis of authorization by an Act and in cases of urgency.
(3) If the Prime Minister's mandate has terminated upon his or her death, the declaration of a conflict of interests, due to the absence of the conditions required for his or her election or because the National Assembly has expressed its lack of confidence in the Prime Minister in a confidence vote, the powers of the Prime Minister are being exercised by the Deputy Prime Minister or, in the case of more than one Deputy Prime Ministers, by the one designated as first Deputy Prime Minister, until the new Prime Minister is elected and with the limitations set out in Paragraph (2).
(4) A Minister exercises his or her powers as a caretaker Minister from the termination of the Prime Minister's mandate until a new Minister is appointed or another member of the new Government is assigned to temporarily perform the ministerial functions, but may adopt decrees only in cases of urgency.
Article 23(1) By means of a cardinal Act, the National Assembly may establish autonomous regulatory organs to perform and exercise certain functions and powers belonging to the executive branch.
(2) The head of an autonomous regulatory organ is appointed by the Prime Minister or, on the proposal of the Prime Minister, by the President of the Republic for the term specified in a cardinal Act. The head of an autonomous regulatory organ appoints his or her deputy or deputies.
(3) The head of an autonomous regulatory organ annually reports to the National Assembly on the activities of the autonomous regulatory organ.
(4) Acting on the basis of authorization by an Act and within his or her functions laid down in a cardinal Act, the head of an autonomous regulatory organ issues decrees; no such decree must conflict with any Act, government decree, prime ministerial decree, ministerial decree or decree of the Governor of the National Bank of Hungary. In issuing decrees, the head of an autonomous regulatory organ may be substituted for by the deputy he or she designated in a decree.
Article 24 [Powers](1) The Constitutional Court is the principal organ for the protection of the Fundamental Law.
(2) The Constitutional Court
a. examines adopted Acts not yet promulgated for conformity with the Fundamental Law;
b. reviews, at the initiative of a judge, the conformity with the Fundamental Law of any legal regulation applicable in a particular case with priority but within ninety days at the
latest;
c. reviews the conformity with the Fundamental Law of any legal regulation applied in a particular case on the basis of a constitutional complaint;
d. reviews the conformity with the Fundamental Law of any judicial decision on the basis of a constitutional complaint;
e. reviews the conformity with the Fundamental Law of any legal regulation at the initiative of the Government, one-fourth of the Members of the National Assembly, the President of the Curia, the Prosecutor General or the Commissioner for Fundamental Rights;
f. examines any legal regulation for conflict with any international treaties;
g. exercises further functions and powers laid down in the Fundamental Law or in a cardinal Act.
(3) The Constitutional Court
a. annuls any legal regulation or any provision of a legal regulation which conflicts with the Fundamental Law within its powers set out in Paragraph (2)b), c), and e);
b., annuls any judicial decision which conflicts with the Fundamental Law within its powers set out in Paragraph (2)d);
c. may, within its powers set out in Paragraph (2)f), annul any legal regulation or any provision of a legal regulation which conflicts with an international treaty; and/or determines the legal consequences set out in a cardinal Act.
(4) The Constitutional Court may review and/or annul any provision not requested to be reviewed of a legal regulation only if there is a close substantive connection between that provision and the provision requested to be reviewed of the legal regulation.
(5) The Constitutional Court may review the Fundamental Law or the amendment of the Fundamental Law only in relation to the procedural requirements laid down in the Fundamental Law for its making and promulgation. Such examination may be initiated by:
a. the President of the Republic in respect of the Fundamental Law or the amendment of the Fundamental Law, if adopted but not yet published;
b. the Government, one-fourth of the Members of the National Assembly, the President of the Curia, the Prosecutor General or the Commissioner for Fundamental Rights within thirty days of promulgation.
(6) The Constitutional Court decides on the motion pursuant to Paragraph (5) with priority but within thirty days at the latest. If the Constitutional Court finds that the Fundamental Law or the amendment of the Fundamental Law does not comply with the procedural requirements referred to in Paragraph (5), the Fundamental Law or the amendment of the Fundamental Law:
a. is again to be debated in the National Assembly in the case laid down in Paragraph (5)a);
b. is to be annulled by the Constitutional Court in the case laid down in Paragraph (5)b).
(7) The Constitutional Court, as provided for by a cardinal Act, hears the legislator of the legal regulation, the initiator of the Act or their representative or obtains their opinions during its procedure if the matter affects a wide range of persons. This stage of the procedure is public.
(8) The Constitutional Court is a body composed of fifteen members, each elected for twelve years with the votes of two-thirds of the Members of the National Assembly. The National Assembly elects, with the votes of two-thirds of the Members of the National Assembly, a member of the Constitutional Court to serve as its President until the expiry of his or her term of office as judge of the Constitutional Court. Members of the Constitutional Court may not be members of political parties or engage in political activities.
(9) The detailed rules for the powers, organization and operation of the Constitutional Court are to be laid down in a cardinal Act.
Article 25 [Powers](1) Courts administer justice. The supreme judicial organ is the Curia.
(2) Courts decides on:
a. criminal matters, civil disputes and on other matters specified in an Act;
b. the lawfulness of administrative decisions;
c. the conflict of local government decrees with any other legal regulation, and on their annulment;
d. the establishment of non-compliance of a local government with its obligation based on an Act to legislate.
(3) In addition to Paragraph (2), the Curia ensures uniformity of the application of the law by the courts and takes uniformity decisions that are binding on the courts.
(4) The organization of the judiciary has multiple levels. Separate courts may be established for specific groups of cases.
(5) The central responsibilities of the administration of the courts are be performed by the President of the National Office for the Judiciary. The National Council of Justice supervises the central administration of the courts. The National Council of Justice and other bodies of judicial self-government participate in the administration of the courts.
(6) The President of the National Office for the Judiciary is elected by the National Assembly from among the judges for nine years on the proposal of the President of the Republic. The President of the National Office for the Judiciary is elected with the votes of two-thirds of the Members of the National Assembly. The President of the Curia is a member of the National Council of Justice; further members of which are elected by judges, as laid down in a cardinal Act.
(7) An Act may provide that in certain legal disputes other organs may also act.
(8) The detailed rules for the organization and administration of courts, for the legal status of judges, as well as the remuneration of judges are to be laid down in a cardinal Act.
Article 26 [Judicial Independence](1) Judges are independent and only subordinated to Acts; they must not be instructed in relation to their judicial activities. Judges may only be removed from office for the reasons and in a procedure specified in a cardinal Act. Judges must not be members of political parties or engage in political activities.
(2) Professional judges are appointed by the President of the Republic, as provided for by a cardinal Act. Only persons having reached the age of thirty years may be appointed judge. Except for the President of the Curia and the President of the National Office for the Judiciary, the service relationship of judges terminates upon their reaching the general retirement age.
(3) The President of the Curia is elected by the National Assembly from among the judges for nine years on the proposal of the President of the Republic. The President of the Curia is elected with the votes of two-thirds of the Members of the National Assembly.
Article 27 [Presidency of the Courts](1) Unless otherwise provided in an Act, courts adjudicate in chambers.
(2) Non-professional judges also participate in the administration of justice in the cases and ways specified in an Act.
(3) Only professional judges may act as a single judge or as the president of a chamber. In cases specified in an Act, court secretaries may also act within the powers of a single judge; in the course of such activity of the court secretary, Article 26(1) applies to him or her.
Article 28 [Relevant Law]In the course of the application of law, courts interpret the text of legal regulations primarily in accordance with their purposes and with the Fundamental Law. When interpreting the Fundamental Law or legal regulations, it is to be presumed that they serve moral and economical purposes, which are in accordance with common sense and the public good.
Article 29 (1) The Prosecutor General and the prosecution service are independent and contribute to the administration of justice by exclusively enforcing the State's demand for punishment as public accuser. The prosecution service prosecutes criminal offences, takes action against other unlawful acts or non-compliances, as well as contributes to the prevention of unlawful acts.
(2) The Prosecutor General and the prosecution service:
a. exercise rights in connection with investigations, as provided for by an Act;
b. represent the prosecution in court proceedings;
c. supervise the lawfulness of penal enforcement;
d. as a guardian of public interest, exercise further functions and powers laid down in
the Fundamental Law or in an Act.
(3) The organization of the prosecution service is led and directed by the Prosecutor General, who appoints prosecutors. Except for the Prosecutor General, the service relationship of prosecutors terminates upon their reaching the general retirement age.
(4) The Prosecutor General is elected by the National Assembly from among the prosecutors for nine years on the proposal of the President of the Republic. The Prosecutor General is elected with the votes of two-thirds of the Members of the National Assembly.
(5) The Prosecutor General annually reports to the National Assembly on his or her activities.
(6) Prosecutors may not be members of political parties or engage in political activities.
(7) The detailed rules for the organization and operation of the prosecution service, for the legal status of the Prosecutor General and the prosecutors, as well as their remuneration are to be laid down in a cardinal Act.
Article 30 (1) The Commissioner for Fundamental Rights performs fundamental rights protection tasks; his or her proceedings may be initiated by anyone.
(2) The Commissioner for Fundamental Rights inquires into any violations related to fundamental rights, that come to his or her knowledge, or have such violations inquired into, and initiates general or specific measures to remedy them.
(3) The Commissioner for Fundamental Rights and his or her deputies are elected for six years with the votes of two-thirds of the Members of the National Assembly. The deputies protect the interests of future generations and the rights of nationalities living in Hungary. The Commissioner for Fundamental Rights and his or her deputies may not be members of political parties or engage in political activities.
(4) The Commissioner for Fundamental Rights annually reports to the National Assembly on his or her activities.
(5) The detailed rules for the Commissioner for Fundamental Rights and his or her deputies are to be laid down in an Act.
Article 31 [Tasks](1) In Hungary local governments functions to manage local public affairs and exercise local public power.
(2) Local referendums may be held on any matter within the functions and powers of the local government, as provided for by an Act.
(3) The rules relating to local governments are to be laid down in a cardinal Act.
Article 32 [Powers](1) In the management of local public affairs and within the framework of an Act, local governments:
a. adopt decrees;
b. take decisions;
c. autonomously administer their affairs;
d. determine the rules of their organization and operation;
e. exercise the rights of ownership with respect to local government property;
f. determine their budgets and autonomously manage their affairs on the basis thereof;
g. may engage in entrepreneurial activities with their assets and revenues available for this purpose, without jeopardizing the performance of their mandatory duties;
h. decide on the types and rates of local taxes;
i. may create local government symbols and establish local decorations and honorific titles;
j. may request information from the organ vested with the relevant functions and powers, initiate decisions or express an opinion;
k. may freely associate with other local governments, establish associations for the representation of their interests, cooperate with local governments of other countries within their functions and powers, and become members of international organizations of local governments;
l. exercise further functions and powers laid down in an Act.
(2) Acting within their functions, local governments adopt local government decrees to regulate local social relations not regulated by an Act, and/or on the basis of authorization by an Act.
(3) No local government decree must conflict with any other legal regulation.
(4) Local governments send local government decrees to the capital or county government office immediately after their promulgation. If the capital or county government office finds the local government decree or any of its provisions to be in conflict with any legal regulation, it may initiate a judicial review of the local government decree.
(5) The capital or county government office may apply to a court for the establishment of non-compliance of a local government with its obligation based on an Act to adopt decrees or take decisions. Should the local government fail to comply with its obligation to adopt decrees or take decisions by the date determined by the court in its decision establishing non-compliance, the court orders, at the initiative of the capital or county government office, the head of the capital or county government office to adopt the local government decree or local government decision required to remedy the non-compliance in the name of the local government.
(6) The property of local governments is public property, which serves for the performance of their tasks.
Article 33 [Mayors](1) The functions and powers of a local government are exercised by its representative body.
(2) A local representative body is headed by the mayor. The president of a county representative body is elected by the county representative body from among its members for the term of its mandate.
(3) A representative body may elect committees and establish an office, as provided for by a cardinal Act.
Article 34 [Cooperation, Supervision](1) Local governments and state organs cooperate to achieve community goals. An Act may set out mandatory functions and powers for local governments. For the performance of their mandatory functions and powers, local governments are entitled to proportionate budgetary and/or other financial support.
(2) An Act may provide that mandatory tasks of local governments are performed through associations.
(3) An Act, or a government decree based on authorization by an Act, may exceptionally specify functions and powers of state administration for mayors, presidents of county representative bodies and for heads or officers of the office of representative bodies.
(4) The Government ensures supervision of the legality of local governments through the capital or county government offices.
(5) In order to preserve a balanced budget, an Act may provide that for any borrowing or for other undertaking of commitments by local governments to the extent determined in an Act, certain conditions and/or the consent of the Government is required.
Article 35 [Elections](1) Local government representatives and mayors are elected by universal and equal suffrage in a direct and secret ballot, in elections which guarantee the free expression of the will of the voters, in a manner laid down in a cardinal Act.
(2) The general elections of local government representatives and mayors are held in the month of October of the fifth year following the previous general election of local government representatives and mayors.
(3) The mandate of representative bodies lasts until the day of the general elections of local government representatives and mayors. If no elections can be held due to a lack of candidates, the mandate of the local representative body is extended until the day of the interim elections. The mandate of mayors lasts until the election of the new mayors.
(4) Representative bodies may declare their own dissolution, as provided for by a cardinal Act.
(5) At the motion of the Government -- submitted after seeking the opinion of the Constitutional Court --, the National Assembly dissolves representative bodies the operation of which is in conflict with the Fundamental Law.
(6) Upon a representative body dissolving itself or upon it being dissolved, the mandate of the mayor also terminates.
Article 36 [Central Budget](1) The National Assembly adopts an Act on the central budget and on the implementation of the central budget for each year. The Government submits the legislative proposal on the central budget and on the implementation of the central budget to the National Assembly by the deadline determined in an Act.
(2) The legislative proposals on the central budget and on its implementation must contain state expenditures and revenues in the same structure, in a transparent manner and in reasonable detail.
(3) By the adoption of the Act on the central budget, the National Assembly authorizes the Government to collect the revenues and to disburse the expenditures determined in that Act.
(4) The National Assembly must not adopt an Act on the central budget as a result of which state debt would exceed half of the Gross Domestic Product.
(5) As long as state debt exceeds half of the Gross Domestic Product, the National Assembly may only adopt an Act on the central budget, which provides for state debt reduction in proportion to the Gross Domestic Product.
(6) Any derogation from the provisions of Paragraphs (4) and (5) is only allowed during a special legal order and to the extent necessary to mitigate the consequences of the circumstances triggering the special legal order, or, in case of an enduring and significant national economic recession, to the extent necessary to restore the balance of the national economy.
(7) If the National Assembly fails to adopt the Act on the central budget by the beginning of the calendar year, the Government is authorized to collect the revenues determined in legal regulations and, within the framework of the appropriations determined in the Act on the central budget for the previous year, disburse expenditures on a pro-rata basis.
Article 37 [Excessive National Debt](1) The Government is obliged to implement the central budget in a lawful and expedient manner, with efficient management of public funds and by ensuring transparency.
(2) With the exceptions specified in Article 36(6), no such borrowing may be contracted and no such financial commitment may be undertaken in the course of the implementation of the central budget, which would allow the state debt to exceed half of the Gross Domestic Product.
(3) As long as the state debt exceeds half of the Gross Domestic Product, with the exceptions specified in Article 36(6), no such borrowing may be contracted and no such financial commitment may be undertaken in the course of the implementation of the central budget which would result in an increase, as compared to the previous year, of the ratio of state debt in relation to the Gross Domestic Product.
(4) As long as the state debt exceeds half of the Gross Domestic Product, the Constitutional Court may, within its powers set out in Article 24(2)b. to e., review the Acts on the central budget, the implementation of the central budget, central taxes, duties and contributions, customs duties and the central conditions for local taxes for conformity with the Fundamental Law exclusively in connection with the rights to life and human dignity, to the protection of personal data, to freedom of thought, conscience and religion, or the rights related to Hungarian citizenship, and it may annul these Acts only for the violation of these rights. The Constitutional Court has the unrestricted right to annul also Acts having the above subject matters, if the procedural requirements laid down in the Fundamental Law for the making and promulgation of those Acts have not been met.
(5) In the case of provisions of Acts that entered into force in a period while the state debt exceeded half of the Gross Domestic Product, Paragraph (4) applies to such period even if state debt no longer exceeds half of the Gross Domestic Product.
(6) The method for the calculation of the state debt and the Gross Domestic Product, as well as the rules relating to the implementation of the provisions of Article 36 and Paragraphs (1) to (3) is to be laid down in an Act.
Article 38 [State Property](1) The property of the State and of local governments are national assets. The management and protection of national assets aim at serving public interest, meeting common needs and preserving natural resources, as well as at taking into account the needs of future generations. The requirements for preserving and protecting national assets, and for the responsible management of national assets are to be laid down in a cardinal Act.
(2) The scope of the exclusive property and of the exclusive economic activities of the State, as well as the limitations and conditions of the alienation of national assets of outstanding importance for the national economy are determined in a cardinal Act with regard to the goals referred to in Paragraph (1).
(3) National assets may only be transferred for purposes specified in an Act, with the exceptions specified in an Act, taking into account the requirement of proportionate values.
(4) Contracts for the transfer or utilization of national assets may only be concluded with organizations of which the ownership structure, the organization and the activity aimed at the management of the national assets transferred or assigned for utilization is transparent.
(5) Business organizations owned by the State or local governments manage their affairs in a manner determined in an Act, autonomously and responsibly according to the requirements of lawfulness, expediency and efficiency.
Article 39 [Public Sponsorship](1) Support or contractual payments from the central budget may only be granted to organizations of which the ownership structure, the organization and the activity aimed at the use of the support is transparent.
(2) Every organization managing public funds is obliged to publicly account for its management of public funds. Public funds and national assets are to be managed according to the principles of transparency and the purity of public life. Data relating to public funds and national assets is data of public interest.
Article 40 [Pensions]In the interest of predictable contributions to common needs and of a secure livelihood for the elderly, basic rules for the sharing of public burdens and for the pension system are to be laid down in a cardinal Act.
Article 41 [National Bank](1) The National Bank of Hungary is the central bank of Hungary. The National Bank of Hungary is responsible for monetary policy, as provided for by a cardinal Act.
(2) The National Bank of Hungary performs the supervision of the financial intermediary system.
(3) The Governor and Deputy Governors of the National Bank of Hungary are appointed for six years by the President of the Republic.
(4) The Governor of the National Bank of Hungary annually reports to the National Assembly on the activities of the National Bank of Hungary.
(5) Acting on the basis of authorization by an Act and within his or her functions laid down in a cardinal Act, the Governor of the National Bank of Hungary may issue decrees; no such decree must conflict with any Act. In issuing decrees, the Governor of the National Bank of Hungary may be substituted by the Deputy Governor he or she designated in a decree.
(6) The detailed rules for the organization and operation of the National Bank of Hungary are to be laid down in a cardinal Act.
Article 42 []
Article 43 [State Audit Office](1) The State Audit Office is the organ of the National Assembly responsible for financial and economic audit. Acting within its functions laid down in an Act, the State Audit Office audits the implementation of the central budget, the management of public finances, the use of funds from public finances and the management of national assets. The State Audit Office carries out its audits according to the criteria of lawfulness, expediency and efficiency.
(2) The President of the State Audit Office is elected with the votes of two-thirds of the Members of the National Assembly for twelve years.
(3) The President of the State Audit Office annually reports to the National Assembly on the activities of the State Audit Office.
(4) The detailed rules for the organization and operation of the State Audit Office are to be laid down in a cardinal Act.
Article 44 [Budget Council](1) As an organ supporting the legislative activity of the National Assembly, the Budget Council examines feasibility of the central budget.
(2) The Budget Council takes part in the preparation of the Act on the central budget, as provided for by an Act.
(3) In order to meet the requirements set out in Article 36(4) and (5), prior consent of the Budget Council is required for the adoption of the Act on the central budget.
(4) The members of the Budget Council are the President of the Budget Council, the Governor of the National Bank of Hungary and the President of the State Audit Office. The President of the Budget Council is appointed for six years by the President of the Republic.
(5) The detailed rules for the operation of the Budget Council are to be laid down in a cardinal Act.
Article 45(1) Hungary's armed forces are the Hungarian Defense Forces. Core duties of the Hungarian Defense Forces are the military defense of the independence, territorial integrity and borders of Hungary, the performance of collective defense and peacekeeping tasks arising from international treaties, as well as the carrying out of humanitarian activities in accordance with the rules of international law.
(2) Unless otherwise provided in an international treaty, and within the framework determined in the Fundamental Law and in a cardinal Act, the National Assembly, the President of the Republic, the National Defense Council, the Government or the Minister vested with the relevant functions and powers have the right to direct the Hungarian Defense Forces. The Hungarian Defense Forces operate under the direction of the Government.
(3) The Hungarian Defense Forces take part in the prevention of disasters, and the relief and elimination of their consequences.
(4) Professional staff members of the Hungarian Defense Forces may not be members of political parties or engage in political activities.
(5) The detailed rules relating to the organization, tasks, command and control, and operation of the Hungarian Defense Forces are to be laid down in a cardinal Act.
Article 46(1) The core duties of the police are the prevention and investigation of criminal offences, and the protection of public security, public order, and the order of state borders.
(2) The police operates under the direction of the Government.
(3) The core duties of the national security services are the protection of the independence and lawful order of Hungary, and the promotion of its national security interests.
(4) The national security services operate under the direction of the Government.
(5) Professional staff members of the police and the national security services may not be members of political parties or engage in political activities.
(6) The detailed rules relating to the organization and operation of the police and the national security services, the rules for the use of special investigative means and techniques, as well as the rules concerning national security activities are to be laid down in a cardinal Act.
Article 47(1) The Government decides on any troop movement of the Hungarian Defense Forces and foreign armed forces that involves the crossing of borders.
(2) With the exception of the cases specified in Paragraph (3), the National Assembly, with the votes of two-thirds of the Members of the National Assembly present, decides on the deployment of the Hungarian Defense Forces abroad or within Hungary, on their stationing abroad, as well as on the deployment of foreign armed forces in Hungary or departing from the territory of Hungary, or on their stationing in Hungary.
(3) The Government decides on the deployment of the Hungarian Defense Forces and of foreign armed forces, referred to in Paragraph (2) and based on the decision of the European Union or the North Atlantic Treaty Organization, and on other troop movements thereof.
(4) The Government, while simultaneously informing the President of the Republic, forthwith reports to the National Assembly on its decisions taken under Paragraph (3) or authorizing the participation of the Hungarian Defense Forces in peacekeeping or their humanitarian activity in a foreign operational area.
Article 48 (1) The National Assembly:
a. declares a state of national crisis and set up a National Defense Council in the event of the declaration of a state of war or an imminent danger of armed attack by a foreign power (danger of war);
b. declares a state of emergency in the event of armed actions aimed at subverting the lawful order or at exclusively acquiring power, or in the event of serious acts of violence endangering life and property on a massive scale, committed with arms or with objects suitable to be used as arms.
(2) For the declaration of a state of war, the conclusion of peace or the declaration of a special legal order referred to in Paragraph (1), the votes of two-thirds of the Members of the National Assembly are required.
(3) If the National Assembly is prevented from taking such decisions, the President of the Republic has the right to declare a state of war, to declare a state of national crisis and to set up the National Defense Council, or to declare a state of emergency.
(4) The National Assembly is deemed to be prevented from taking such decisions if it is not in session and its convening is made impossible by insurmountable obstacles caused by shortage of time or the events resulting in a state of war, state of national crisis or state of emergency.
(5) The Speaker of the National Assembly, the President of the Constitutional Court and the Prime Minister unanimously determine that the National Assembly is prevented from acting and that the declaration of a state of war, state of national crisis or state of emergency is justified.
(6) As soon as the National Assembly is no longer prevented from acting, it must, at its first sitting, review whether the declaration of a state of war, state of national crisis or state of emergency was justified, and decide on the legality of the measures adopted. For such decision, the votes of two-thirds of the Members of the National Assembly are required.
(7) During a state of national crisis or a state of emergency, the National Assembly may not dissolve itself and may not be dissolved. During a state of national crisis or a state of emergency, no general elections of Members of the National Assembly may be called or held; in such cases, a new National Assembly is elected within ninety days of the termination of the state of national crisis or state of emergency. If the general elections of Members of the National Assembly have already been held but the new National Assembly has not been formed yet, the President of the Republic convenes the constitutive sitting for a date within thirty days of the termination of the state of national crisis or state of emergency.
(8) The National Assembly that has dissolved itself or has been dissolved may be convened also by the National Defense Council during a state of national crisis, and by the President of the Republic during a state of emergency.
Article 49 (1) The President of the National Defense Council is the President of the Republic, and its members are the Speaker of the National Assembly, the leaders of parliamentary groups, the Prime Minister, the Ministers and -- in a consultative capacity -- the Chief of the National Defense Staff.
(2) The National Defense Council exercises:
a. the powers delegated to it by the National Assembly,
b. the powers of the President of the Republic,
c. the powers of the Government.
(3) The National Defense Council decides:
a. on the deployment of the Hungarian Defense Forces abroad or within Hungary, on their participation in peacekeeping, on their humanitarian activity in a foreign operational area, or on their stationing abroad,
b. on the deployment of foreign armed forces in Hungary or departing from the territory of Hungary, or on their stationing in Hungary,
c. on the introduction of extraordinary measures laid down in a cardinal Act.
(4) The National Defense Council may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures.
(5) Upon the termination of the state of national crisis, such decrees of the National Defense Council cease to have effect, unless the National Assembly extends those decrees.
Article 50(1) Should the use of the police and the national security services prove insufficient, the Hungarian Defense Forces may be used during a state of emergency.
(2) During a state of emergency, if the National Assembly is prevented from acting, the President of the Republic decides on the use of the Hungarian Defense Forces under Paragraph (1).
(3) During a state of emergency, the extraordinary measures laid down in a cardinal Act are to be introduced by the President of the Republic in decrees. By means of his or her decrees, the President of the Republic may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures.
(4) The President of the Republic forthwith informs the Speaker of the National Assembly of the extraordinary measures introduced. During a state of emergency, the National Assembly or, if it is prevented from acting, the committee of the National Assembly dealing with national defense issues remains continuously in session. The National Assembly or, if it is prevented from acting, the committee of the National Assembly dealing with national defense issues may suspend the application of the extraordinary measures introduced by the President of the Republic.
(5) Extraordinary measures introduced by means of decrees remain in force for thirty days, unless the National Assembly or, if it is prevented from acting, the committee of the National Assembly dealing with national defense issues extends them.
(6) Upon the termination of the state of emergency, such decrees of the President of the Republic cease to have effect.
Article 51(1) In the event of a danger of external armed attack or in order to meet an obligation arising from an alliance, the National Assembly declares a state of preventive defense for a fixed period of time, and simultaneously authorizes the Government to introduce extraordinary measures laid down in a cardinal Act. The period of the state of preventive defense may be extended.
(2) The votes of two-thirds of the Members of the National Assembly present is required for a special legal order referred to in Paragraph (1) to be declared or to be extended.
(3) After initiating the declaration of a state of preventive defense, the Government may, by means of decrees, introduce measures derogating from the Acts regulating the operation of public administration, the Hungarian Defense Forces and law enforcement organs, and continuously informs the President of the Republic and the standing committees of the National Assembly vested with the relevant functions and powers. The measures thus introduced remain in force until the decision of the National Assembly on the declaration of a state of preventive defense but for no longer than sixty days.
(4) During a state of preventive defense, the Government may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures.
(5) Upon the termination of the state of preventive defense, such decrees of the Government cease to have effect.
Article 52(1) In the event of an unexpected incursion of external armed groups into the territory of Hungary, until the decision on the declaration of a state of emergency or state of national crisis, the Government is obliged -- if necessary, in accordance with the armed defense plan approved by the President of the Republic -- to immediately take action using forces proportionate to and prepared for the attack, to repel the attack, to defend the territory of Hungary with domestic and allied emergency air defense and aviation forces, in order to protect lawful order, life and property, public order and public security.
(2) The Government forthwith informs the National Assembly and the President of the Republic of its action taken under Paragraph (1).
(3) In the event of an unexpected attack, the Government may introduce extraordinary measures laid down in a cardinal Act, and may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures.
(4) Upon the termination of the unexpected attack, such decrees of the Government ceases to have effect.
Article 53(1) In the event of a natural disaster or industrial accident endangering life and property, or in order to mitigate the consequences thereof, the Government declares a state of danger, and may introduce extraordinary measures laid down in a cardinal Act.
(2) In a state of danger the Government may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures.
(3) The decrees of the Government referred to in Paragraph (2) remain in force for fifteen days, unless the Government, on the basis of authorization by the National Assembly, extends those decrees.
(4) Upon the termination of the state of danger, such decrees of the Government cease to have effect.
Article 54(1) Under a special legal order, the exercise of fundamental rights -- with the exception of the fundamental rights provided for in Articles II and III, and Article XXVIII(2) to (6) -- may be suspended or may be restricted beyond the extent specified in Article I(3).
(2) Under a special legal order, the application of the Fundamental Law may not be suspended, and the operation of the Constitutional Court may not be restricted.
(3) A special legal order is terminated by the organ entitled to introduce the special legal order if the conditions for its declaration no longer exist.
(4) The detailed rules to be applied under a special legal order is to be laid down in a cardinal Act.
1. The Fundamental Law of Hungary enters into force on 1 January 2012.
2. This Fundamental Law is adopted by the National Assembly pursuant to Sections 19(3)a) and 24(3) of Act XX of 1949.
3. The transitional provisions related to the entry into force of the Fundamental Law are contained in Points 8 to 26.
4. The Government is obliged to submit to the National Assembly the legislative proposals required for the implementation of the Fundamental Law.
5. The decisions of the Constitutional Court taken prior to the entry into force of the Fundamental Law are repealed. This provision is without prejudice to the legal effects produced by those decisions.
6. The 25th day of April is the Fundamental Law Day to commemorate the promulgation of the Fundamental Law.
7. The first general election of local government representatives and mayors after the entry into force of the Fundamental Law takes place in October 2014.
8. The entry into force of the Fundamental Law does affect the legal force of legal regulations adopted, normative acts governing public organizations, and other legal instruments of state control issued, specific decisions taken and international legal commitments undertaken before its entry into force.
9. The legal successor of the organ exercising the relevant functions and powers under Act XX of 1949 on the Constitution of the Republic of Hungary is the organ exercising the relevant functions and powers under the Fundamental Law.
10. After the entry into force of the Fundamental Law, the name referring to the Republic of Hungary may remain in use as a reference to Hungary in accordance with the legal regulations in force on 31 December 2011, until the transition to the use of the name under the Fundamental Law can be achieved in accordance with the principles of responsible management.
11. With the exceptions laid down in Points 12 to 18, the entry into force of the Fundamental Law does not affect the mandate of the National Assembly, the Government and the local representative bodies, as well as of persons appointed or elected before the entry into force of the Fundamental Law.
12. The following provisions of the Fundamental Law also apply to the mandate of the following:
a. Articles 3 and 4 to the mandate of the National Assembly and Members of the National Assembly in office;
b. Articles 12 and 13 to the mandate of the President of the Republic in office;
c. Articles 20 and 21 to the mandate of the Government in office and the Members of the
Government in office;
d. Article 27(3) to the mandate of court secretaries in office;
e. Article 33(2) to the mandate of the Presidents of the county assemblies; and
f. Article 35(3) to (6) to the mandate of the local representative bodies and mayors in office.
13. The calculation of the period referred to in Article 4(3)f) of the Fundamental Law starts upon the entry into force of the Fundamental Law.
14. (1) The legal successor of the Supreme Court, the National Council of Justice and its President is the Curia in terms of administering justice, and, with the exception laid down in a cardinal Act, the President of the National Office for the Judiciary in terms of the administration of courts.
(2) The mandate of the President of the Supreme Court and of the President and members of the National Council of Justice terminates upon the entry into force of the Fundamental Law.
15. (1) With the exception laid down in Paragraph (2), the lowest age requirement laid down in Article 26(2) of the Fundamental Law applies to judges appointed on the basis of a call for applications announced after the entry into force of the Fundamental Law.
(2) In the case of appointments for which, as laid down in an Act, no call for applications is required, the lowest age requirement applies to judges appointed after the entry into force of the Fundamental Law.
16. As of the entry into force of the Fundamental Law, the designation for the office of the Parliamentary Commissioner for Citizens' Rights is Commissioner for Fundamental Rights. The legal successor of the Parliamentary Commissioner for Citizens' Rights, the Parliamentary Commissioner for National and Ethnic Minority Rights and the Parliamentary Commissioner for Future Generations is the Commissioner for Fundamental Rights. As of the entry into force of the Fundamental Law, the Parliamentary Commissioner for National and Ethnic Minority Rights in office becomes Deputy of the Commissioner for Fundamental Rights responsible for the protection of the rights of nationalities living in Hungary; as of the entry into force of the Fundamental Law, the Parliamentary Commissioner for Future Generations in office becomes Deputy of the Commissioner for Fundamental Rights responsible for the protection of the interests of future generations; their mandates terminates upon the termination of the mandate of the Commissioner for Fundamental Rights.
17. The mandate of the Commissioner for Data Protection terminates upon the entry into force of the Fundamental Law.
18. For the purposes and as of the entry into force of the Fundamental Law, the designation for the office of the President of the county assembly is President of the county representative body. The county representative body pursuant to the Fundamental Law is the legal successor of the county assembly.
19. (1) With the exceptions laid down in Paragraphs (2) to (5), the provisions of the Fundamental Law also apply to cases in progress.
(2) Article 6 of the Fundamental Law applies as of the first sitting of the National Assembly to be held following the entry into force of the Fundamental Law.
(3) Proceedings instituted upon applications submitted to the Constitutional Court before the entry into force of the Fundamental Law by applicants who no longer have the right to submit applications under the Fundamental Law are to be terminated and if, as of the entry into force of the Fundamental Law, the proceeding falls within the powers of another organ, the application are to be transferred. In accordance with the conditions laid down in a cardinal Act, the applicant may repeatedly submit the application.
(4) Articles 38(4) and 39(1) of the Fundamental Law apply to contracts and subsidy entitlements existing on 1 January 2012, and to proceedings in progress aimed at concluding contracts or granting subsidies if provided for by an Act, and as provided for by that Act.
(5) The third sentence of Section 70/E(3) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 applies until 31 December 2012 to benefits which qualify as pension benefits under the rules in force on 31 December 2011 with respect to any change in their conditions, nature or amount, to their conversion to other benefits or to their termination.
20. Sections 26(6), 28/D, 28/E, and 31(2) and (3) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 apply to cases in progress at the entry into force of the Fundamental Law also after the entry into force of the Fundamental Law.
21. The participation of the nationalities living in Hungary in the work of the National Assembly as referred to in Article 2(2) of the Fundamental Law must be ensured for the first time in the work of the National Assembly formed after the first general election of Members of the National Assembly after the entry into force of the Fundamental Law.
22. The entry into force of the Fundamental Law does not affect any decision of the National Assembly or the Government taken before that entry into force and under Act XX of 1949 on the Constitution of the Republic of Hungary on the deployment of the Hungarian Defense Forces within Hungary or abroad, on the deployment of foreign armed forces in Hungary or departing from the territory of Hungary as well as on the stationing of the Hungarian Defense Forces abroad and/or of foreign armed forces in Hungary.
23. In a declared
a. state of national crisis, the provisions of the Fundamental Law on the state of national crisis,
b. state of emergency, if it was declared due to armed actions aimed at overthrowing the constitutional order and/or at exclusively acquiring power, or in the event of serious acts of violence endangering life and property on a massive scale, committed with arms or with objects suitable to be used as arms, the provisions of the Fundamental Law on the state of emergency,
c. state of emergency, if it was declared due to a natural disaster or industrial accident massively endangering life or property, the provisions of the Fundamental Law on the state of danger,
d. state of preventive defense, the provisions of the Fundamental Law on the state of preventive defense,
e) state defined in Section 19/E of Act XX of 1949 on the Constitution of the Republic of Hungary, the provisions of the Fundamental Law on unexpected attack, and
f) state of danger, the provisions of the Fundamental Law on the state of danger applies.
24. (1) Anyone prohibited from participating in public affairs under a final sentence at the entry into force of the Fundamental Law does not have the right to vote and to be voted for while the prohibition is in force.
(2) Anyone under guardianship restricting or excluding his or her capacity to act under a final judgment at the entry into force of the Fundamental Law does not have the right to vote and to be voted for until such guardianship is terminated or until a court establishes the existence of his or the right to vote and to be voted for.
25. (1) Section 12(2) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 applies until 31 December 2013 to the delivery of any local government property to the State or another local government.
(2) Section 44/B(4) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 applies until 31 December 2012. After 31 December 2011, an Act, or a government decree based on authorization by an Act may specify functions and powers of state administration for local government notaries.
(3) Section 22(1) and (3) to (5) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 applies until the entry into force of the cardinal Act referred to in Article 5(8) of the Fundamental Law. The National Assembly adopts the cardinal Act referred to in Articles 5(8) and 7(3) of the Fundamental Law by 30 June 2012.
(4) Until 31 December 2012, a cardinal Act may provide that for the adoption of certain decisions of the National Assembly, qualified majority is required.
26. The following is repealed:
a. Act XX of 1949 on the Constitution of the Republic of Hungary,
b. Act I of 1972 on the amendment to Act XX of 1949 and the consolidated text of the Constitution of the People's Republic of Hungary,
c. Act XXXI of 1989 on the amendment to the Constitution,
d. ActXVIof1990ontheamendmenttotheConstitutionoftheRepublicofHungary,
e. Act XXIX of 1990 on the amendment to the Constitution of the Republic of Hungary,
f. Act XL of 1990 on the amendment to the Constitution of the Republic of Hungary,
g. the Amendment to the Constitution dated 25 May 2010,
h. the Amendment to the Constitution dated 5 July 2010,
i. the Amendments to the Constitution dated 6 July 2010,
j. the Amendments to the Constitution dated 11 August 2010,
k. Act CXIII of 2010 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary,
l. Act CXIX of 2010 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary,
m. Act CLXIII of 2010 on the amendment to Act XX of 1949 on the Constitution of the
Republic of Hungary,
n. Act LXI of 2011 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary required for the adoption of certain transitional provisions related to the Fundamental Law,
o. Act CXLVI of 2011 on the amendment to Act XX of 1949 on the Constitution of the
Republic of Hungary, and
p. Act CLIX of 2011 on the amendment to Act XX of 1949 on the Constitution of the
Republic of Hungary.
For methodology see:
Comparing Constitutions and International Constitutional Law.
©
1994 - 27.6.2020
/ For corrections please contact
A. Tschentscher.