Adopted on: ۲۰ Aug ۱۹۴۹
Official Title: Constitution of the Republic of Hungary
The Constitution was established by Act XX of ۱۹۴۹
[Preamble]
In order to facilitate a peaceful political transition to a constitutional
state, establish a multi-party system, parliamentary democracy and a social
market economy, the Parliament of the Republic of Hungary hereby establishes
the following text as the Constitution of the Republic of Hungary, until the
country”s new Constitution is adopted.
Chapter I General Provisions
Article ۱ [Republic]
The State of Hungary is a republic.
Article ۲ [Democracy, Rule of Law, Sovereignty]
(۱) The Republic of Hungary is an independent, democratic constitutional state.
(۲) In the Republic of Hungary supreme power is vested in the people, who
exercise their sovereign rights directly and through elected representatives.
(۳) No activity of any person may be directed at the forcible acquisition or
exercise of public power, nor at the exclusive possession of such power.
Everyone has the right and obligation to resist such activities in such ways as
permitted by law.
Article ۲A [European unionn]
(۱) By virtue of treaty, the Republic of Hungary, in its capacity as a Member
State of the European unionn, may exercise certain constitutional powers
jointly with other Member States to the extent necessary in connection with the
rights and obligations conferred by the treaties on the foundation of the
European unionn and the European Communities (hereinafter referred to as
“European unionn”); these powers may be exercised independently and by
way of the institutions of the European unionn.
(۲) The ratification and promulgation of the treaty referred to in Subsection
(۱) shall be subject to a two-thirds majority vote of the Parliament.
Article ۳ [Political parties]
(۱) In the Republic of Hungary political parties may be established and may
function freely, provided they respect the Constitution and laws established in
accordance with the Constitution.
(۲) Political parties shall participate in the development and expression of
the popular will.
(۳) Political parties may not exercise public power directly. Accordingly, no
single party may exercise exclusive control of a government body. In the
interest of ensuring the separation of political parties and public power, the
law shall determine those functions and public offices which may not be held by
party members or officers.
Article ۴ [unionns]
Labor unionns and other representative bodies shall protect and represent the
interests of employees, members of co-operatives and entrepreneurs.
Article ۵ [Goals of the state]
The State of the Republic of Hungary shall defend the freedom and sovereignty
of the people, the independence and territorial integrity of the country, and
its national borders as established in international treaties.
Article ۶ [Peace]
(۱) The Republic of Hungary renounces war as a means of solving disputes
between nations and shall refrain from the use of force and the threat thereof
against the independence or territorial integrity of other states.
(۲) The Republic of Hungary shall endeavor to co-operate with all peoples and
countries of the world.
(۳) The Republic of Hungary bears a sense of responsibility for the fate of
Hungarians living outside its borders and shall promote and foster their
relations with Hungary.
(۴) The Republic of Hungary shall take an active part in establishing a
European unity in order to achieve freedom, well-being and security for the
peoples of Europe.
Article ۷ [Principles of international law]
(۱) The legal system of the Republic of Hungary accepts the generally
recognized principles of international law, and shall harmonize the
country”s domestic law with the obligations assumed under international law.
(۲) Legislative procedures shall be regulated by law, for the passage of which
a majority of two-thirds of the votes of the Members of Parliament present is
required.
Article ۸ [Human rights]
(۱) The Republic of Hungary recognizes inviolable and inalienable fundamental
human rights. The respect and protection of these rights is a primary
obligation of the State.
(۲) In the Republic of Hungary regulations pertaining to fundamental rights and
duties are determined by law; such law, however, may not restrict the basic
meaning and contents of fundamental rights.
(۳) {…}
(۴) During a state of national crisis, state of emergency or state of danger,
the exercise of fundamental rights may be suspended or restricted, with the
exception of the fundamental rights specified in Articles ۵۴ -۵۶, Paragraphs
(۲)-(۴) of Article ۵۷, Article ۶۰, Articles ۶۶-۶۹ and Article ۷۰E.
Article ۹ [Economy, property, free competition]
(۱) The economy of Hungary is a market economy, in which public and private
property shall receive equal consideration and protection under the law.
(۲) The Republic of Hungary recognizes and supports the right to enterprise and
the freedom of competition in the economy.
Article ۱۰ [National property]
(۱) Property of the State of Hungary is considered national wealth.
(۲) Fields of ownership and economic activity deemed to be the sole domain of
the State shall be defined by law.
Article ۱۱ [State-owned enterprises]
Enterprises and economic organizations owned by the State shall conduct
business in such manner and with such responsibilities as defined by law.
Article ۱۲ [Co-operatives]
(۱) The State shall support co-operatives based on voluntary association and
shall recognize the autonomy of such co-operatives.
(۲) The State shall respect the property of local governments.
Article ۱۳ [Private property]
(۱) The Republic of Hungary guarantees the right to property.
(۲) Expropriation shall only be permitted in exceptional cases, when such
action is in the public interest, and only in such cases and in the manner
stipulated by law, with provision of full, unconditional and immediate
compensation.
Article ۱۴ [Inheritance]
The Constitution guarantees the right of inheritance.
Article ۱۵ [Family, marriage]
The Republic of Hungary shall protect the institutions of marriage and the
family.
Article ۱۶ [Youths]
The Republic of Hungary shall make special efforts to ensure a secure standard
of living, instruction and education for the young, and shall protect the
interests of the young.
Article ۱۷ [Social security]
The Republic of Hungary shall provide support for those in need through a wide
range of social measures.
Article ۱۸ [Healthy environment]
The Republic of Hungary recognizes and shall implement the individual”s
right to a healthy environment.
Chapter II The Parliament
Article ۱۹ [Powers and representation]
(۱) The Parliament is the supreme body of State power and popular
representation in the Republic of Hungary.
(۲) Exercising its rights based on the sovereignty of the people, the
Parliament shall ensure the constitutional order of society and define the
organization, orientation and conditions of government.
(۳) Within this sphere of authority, the Parliament shall-–
a) adopt the Constitution of the Republic of Hungary;
b) pass legislation;
c) define the country”s social and economic policy;
d) assess the balance of public finances, approve the State Budget and its
implementation;
e) decide on the Government”s program;
f) conclude international treaties of outstanding importance to the foreign
relations of the Republic of Hungary;
g) decide on the declaration of a state of war and on the conclusion of peace;
h) declare a state of national crisis and establish the National Defense
Council, in the case of war, or imminent danger of armed attack by a foreign
power (danger of war);
i) declare a state of emergency, in the case of armed actions aimed at
overturning constitutional order or at the acquisition of exclusive control of
public power, in the case of acts of violence committed by force of arms or by
armed groups which gravely endanger lives and property on a mass scale, and in
the event of natural or industrial disaster;
j) with the exceptions laid down in the Constitution, rule on the use of the
armed forces both abroad and within the country, the deployment of foreign
armed forces in Hungary or in other countries from the territory of Hungary,
the participation of the armed forces in peacekeeping missions, humanitarian
operations in foreign theaters, and the stationing of the armed forces abroad
or of foreign armed forces in Hungary;
k) elect the President of the Republic, the Prime Minister, the members of the
Constitutional Court, the Parliamentary Ombudsmen, the President and
Vice-Presidents of the State Audit Office, the President of the Supreme Court
and the General Prosecutor;
l) upon recommendation made by the Government, which shall first be submitted
to the Constitutional Court for its review, dissolve representative bodies of
local government whose actions have been found unconstitutional, decide on the
territory of counties, their designation and seat, as well as the declaration
of cities with county-level rights and the establishment of the Districts of
the Capital;
m) exercise general amnesty.
(۴) A majority of two-thirds of the votes of the Members of Parliament shall be
required for the decisions specified in points g), h) and i) of Paragraph. ۳.
(۵) {…}
(۶) A majority of two-thirds of the votes of the Members of Parliament in
attendance shall be required for the decision specified in point j) of
Paragraph (۳).
Article ۱۹A [State of war, national crisis or emergency]
(۱) Should the Parliament be obstructed in reaching such decisions, the
President of the Republic shall have the right to declare a state of war, a
state of national crisis and establish the National Defense Council, or to
declare a state of emergency.
(۲) The Parliament shall be considered to be obstructed in reaching such
decisions, if it is not in session and convening it is impossible due to lack
of time or due to the events responsible for the declaration of the state of
war, state of national crisis or state of emergency.
(۳) The Speaker of Parliament, the President of the Constitutional Court and
the Prime Minister shall jointly determine whether the Parliament is
obstructed, and whether a declaration of a state of war, a state of national
crisis or a state of emergency is justified.
(۴) At its first meeting following the end of the obstruction, the Parliament
shall review the justification of the declaration of a state of war, state of
national crisis or state of emergency, and shall rule on the legality of the
measures taken. A majority of two-thirds of the votes of the Members of
Parliament is required for this decision.
Article ۱۹B [National Defence Council]
(۱) During a state of martial law, the National Defense Council shall decide
a) on the use of the armed forces abroad and within the country, the
participation of the armed forces in peacekeeping missions, humanitarian
operations in foreign theaters, and the stationing of armed forces in a foreign
country,
b) on the deployment of foreign armed forces in Hungary or in other countries
from the territory of Hungary, and on the stationing of foreign armed forces in
Hungary,
c) on the introduction of emergency measures as defined in a separate law.
(۲) The National Defense Council is chaired by the President of the Republic,
and is composed of the following members: the Speaker of Parliament, the floor
leaders of the political parties represented in Parliament, the Prime Minister,
the Ministers, and the Chief of Staff of the Hungarian Armed Forces with the
right of consultation.
(۳) The National Defense Council shall exercise –
a) the powers transferred to it by the Parliament;
b) the powers of the President of the Republic;
c) the powers of the Government.
(۴) The National Defense Council may pass decrees, which may suspend the
application of certain laws or which may deviate from the provisions of certain
laws. Furthermore, it may take other extraordinary measures, but may not,
however, suspend the application of the Constitution.
(۵) Decrees passed by the National Defense Council shall lose validity upon
cessation of the state of national crisis, unless the Parliament extends the
validity of such decrees.
(۶) The operation of the Constitutional Court may not be restricted during a
state of national crisis.
Article ۱۹C [Use of armed forces, emergency measures]
(۱) Should Parliament be obstructed upon declaration of a state of emergency,
the President of the Republic shall decide on the use of the armed forces under
Subsection (۲) of Section ۴۰B.
(۲) The President of the Republic shall introduce emergency measures, which are
defined in a separate law, by decree during a state of emergency.
(۳) The President of the Republic shall immediately inform the Speaker of
Parliament of any emergency measures that have been introduced. The Parliament
or, should the Parliament be obstructed, the Parliamentary Defense Committee
shall remain in session during a state of emergency. The Parliament, or the
Parliamentary Defense Committee, shall have the right to suspend emergency
measures introduced by the President of the Republic.
(۴) Emergency measures introduced by decree shall remain in force for a period
of thirty days, unless the Parliament or, should the Parliament be obstructed,
the Parliamentary Defense Committee extends their validity.
(۵) In other respects the regulations pertaining to a state of national crisis
shall apply to a state of emergency.
Article ۱۹D [The law on the state of crisis or emergency]
A majority of two-thirds of the votes of the Members of Parliament present is
required to pass the law specifying the detailed regulations to be applied
during a state of national crisis and a state of emergency.
Article ۱۹E [Foreign attack]
(۱) In the event that the territory of Hungary is subject to an unexpected
attack by foreign armed units, immediate action shall, in accordance with the
defense plan approved by the Government and the President of the Republic, be
taken – with forces that are commensurate to the gravity of the attack and
equipped for such a role – prior to the declaration of a state of emergency or
a state of martial law in order to repel such attack, defend the territorial
integrity of the country with the active air and air defense forces of the
Hungarian and allied armed forces, ensure constitutional order and the security
of lives and property, protect public order and safety.
(۲) In the interest of determining further measures to be taken, the Government
shall immediately inform the Parliament and the President of the Republic on
the measures taken on the basis of Paragraph (۱).
(۳) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law specifying the regulations applicable to immediate
measures to be taken by the Government.
Article ۲۰ [Election, mandate]
(۱) The general election of Members of Parliament – with the exception of
elections held due to the declaration of the Parliament”s dissolution or the
Parliament havingg been dissolved – shall be held in the month of April or May
in the fourth year following the election of the previous Parliament.
(۲) Members of Parliament shall carry out their duties in the public interest.
(۳) Members of Parliament are granted parliamentary immunity, in accordance
with the regulations of the law defining the legal status of Members of
Parliament.
(۴) Members of Parliament are entitled to compensation adequate to ensure their
independence, to specified allowances and to reimbursement of their expenses. A
majority of two-thirds of the votes of the Members of Parliament present is
required to pass the law on the amount of compensation, reimbursement of
expenses and allowances.
(۵) A Member of Parliament may not be the President of the Republic, a member
of the Constitutional Court, the Ombudsman for Civil Rights, the President,
Deputy President or auditor of the State Audit Office, a judge or prosecutor,
an employee of a public administration body – with the exception of the Members
of the Government and Parliamentary State Secretaries – nor a professional
member of the armed forces, the police or other security organs. Other cases of
conflict of interest may be established by law.
(۶) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the legal status of Members of Parliament.
Article ۲۰A [End of the mandate]
(۱) The mandate of a Member of Parliament shall end –
a) upon completion of the term of Parliament;
b) upon the death of the Member of Parliament;
c) upon declaration of a conflict of interest;
d) upon resignation;
e) upon disfranchisement.
(۲) A majority of two-thirds of the votes of the Members of Parliament present
shall be required for the Parliament to establish a conflict of interest.
(۳) Members of Parliament may resign their mandate by making a statement to
this effect to the Parliament. A statement of acceptance by the Parliament is
not required for the resignation to be effective.
Article ۲۱ [Organization]
(۱) The Parliament shall elect the Speaker of Parliament, Deputy Speakers and
Clerks from among its Members.
(۲) The Parliament shall establish standing committees from among its members
and may delegate a committee for the investigation of any issue whatsoever.
(۳) Everyone is obliged to provide Parliamentary Committees with the
information requested and is obliged to testify before such committees.
Article ۲۲ [Sessions]
(۱) The Parliament shall hold two regular sessions annually: every year from
the ۱st of February through the ۱۵th of June and from the ۱st of September
through the ۱۵th of December.
(۲) The inaugural sitting of the Parliament shall be convened by the President
of the Republic within a period of one month following the elections; in
other cases the Speaker of Parliament is responsible for convening sessions of
the Parliament and its individual sittings.
(۳) Upon written request by the President of the Republic, the Government or
one-fifth of the Members of Parliament, an extraordinary sitting of the
Parliament shall be convened. Such request shall contain the grounds for
convening the extraordinary sitting, as well as the proposed date and agenda.
(۴) The Parliament may be adjourned by the President of the Republic no more
than once per parliamentary session and for a period not to exceed thirty days.
(۵) During the period of adjournment the Speaker of Parliament shall re-convene
the Parliament, at a date no later than eight days following the receipt of a
written request to this effect, signed by one-fifth of the Members of
Parliament.
Article ۲۳ [Publicity]
Sittings of the Parliament are open to the public. Upon petition by the
President of the Republic, the Government or any Member of Parliament and with
the assent of two-thirds of its Members, the Parliament may decide to hold a
closed sitting.
Article ۲۴ [Quorum, procedure]
(۱) The Parliament has a quorum if no less than half of its members are
present.
(۲) The Parliament shall pass decisions with a majority of one-half of the
votes of the Members of Parliament present.
(۳) A majority of two-thirds of the votes of the Members of Parliament is
required to amend the Constitution and for certain decisions specified therein.
(۴) The Parliament shall establish its rules of procedure and speaking order in
the House Rules. A majority of two-thirds of the votes of the Members of
Parliament present is required to pass the House Rules.
(۵) {….}
Article ۲۵ [Legislative initiative]
(۱) Legislation may be initiated by the President of the Republic, the
Government, all Parliamentary Committees, and any Member of Parliament.
(۲) The authority to pass legislation is vested in the Parliament.
(۳) The Speaker of Parliament shall sign laws which have been passed by the
Parliament and subsequently send such laws to the President of the Republic.
Article ۲۶ [Promulgation]
(۱) The President of the Republic shall ensure promulgation of the law within a
period of fifteen days following its receipt, or within a period of five days
if the Speaker of Parliament requests that the issue be accorded urgency. The
President of the Republic shall ratify the law sent for promulgation. The law
shall be promulgated in the Official Gazette.
(۲) Should the President of the Republic disagree with a law or with any
provision of a law, prior to ratification, he shall refer such law, along with
his comments, to the Parliament for reconsideration within the period of time
specified in Par. (۱).
(۳) The Parliament shall debate the law again and hold another vote on its
passage. The President of the Republic is required to ratify and promulgate the
law sent to him by the Speaker of Parliament following this procedure, within a
period of five days.
(۴) Should the President of the Republic have reservations about the
constitutionality of any provision of a law, he may refer such law to the
Constitutional Court for review within the period of time specified in Par. (۱)
prior to ratification.
(۵) Should the Constitutional Court – in special proceedings – determine the
law to be unconstitutional, the President of the Republic shall refer such law
to the Parliament; otherwise he shall ratify and promulgate the law within a
period of five days.
(۶) The President of the Republic shall ratify the law subject to national
referendum if such law is confirmed by the national referendum.
Article ۲۷ [Questions]
Any Member of Parliament may direct a question to the Ombudsman for Civil
Rights and the Ombudsman for the Rights of National and Ethnic Minorities, to
the President of the State Audit Office and the President of the National Bank
of Hungary, to the Government or any of the Members of the Government, as well
as to the General Prosecutor on matters which fall within their respective
sphere of authority.
Article ۲۸ [Term, dissolution]
(۱) The term of Parliament commences from its inaugural sitting.
(۲) The Parliament has the right to declare its dissolution prior to the
completion of its term.
(۳) The President of the Republic has the right to dissolve the Parliament,
simultaneously with the announcement of new elections, if –
a) the Parliament passes a motion of no-confidence in the Government on no less
than four occasions in a period of twelve months during the course of one term,
or;
b) in the event that the mandate of the Government ends, a candidate for Prime
Minister proposed by the President of the Republic is not elected by the
Parliament within a period of forty days from the day upon which the first
candidate is nominated.
(۴)
(۵) Prior to dissolving the Parliament, the President of the Republic is
required to request the opinions of the Prime Minister, the Speaker of
Parliament and the floor leaders of the parties represented in the Parliament.
(۶) A new Parliament shall be elected within a period of three months following
the declaration of the Parliament”s dissolution or the Parliament havingg
been dissolved.
(۷) The Parliament shall continue to operate until the inaugural sitting of the
new Parliament.
Article ۲۸A [Interdictions of dissolution]
(۱) During a state of national crisis or a state of emergency the Parliament
may neither declare its dissolution nor be dissolved.
(۲) Should a term of Parliament expire during a state of national crisis or a
state of emergency, its mandate shall be extended until the cessation of the
state of national crisis or state of emergency.
(۳) During a state of war, the danger of war or an emergency, the President of
the Republic may reconvene a Parliament which has declared its dissolution or
which has been dissolved. The Parliament itself shall pass a resolution on the
extension of its mandate.
Article ۲۸B [Referenda]
(۱) The subject of national referenda or popular initiatives may fall under the
jurisdiction of the Parliament.
(۲) A majority of two-thirds of the votes of the Members of Parliament present
shall be required for the Parliament to pass the law on national referenda and
popular initiatives.
Article ۲۸C [National referendum]
(۱) A national referendum may be held for reaching a decision or for an
expression of opinion. Carrying out a national referendum may be mandatory or
may be the result of the consideration of a matter.
(۲) A national referendum shall be held if so initiated by at least ۲۰۰,۰۰۰
voting citizens.
(۳) If a national referendum is mandatory, the result of the successfully held
national referendum shall be binding for the Parliament.
(۴) Based on its consideration, the Parliament may order a national referendum
upon the initiative by the President of the Republic, the Government, by
one-third of Members of the Parliament or by ۱۰۰,۰۰۰ voting citizens.
(۵) National referendum may not be held on the following subjects:
a) on laws on the central budget, the execcution of the central budget, taxes
to the central government and duties, customs tariffs, and on the central
government conditions for local taxes,
b) obligations set forth in valid international treaties and on the contents of
laws prescribing such obligations,
c) the provisions of the Constitution on national referenda and popular
initiatives,
d) personnel and restructuring (reorganization, termination) matters falling
under Parliamentary jurisdiction,
e) dissolution of the Parliament,
f) the Government”s program,
g) declaration of a state of war, a state of emergency or a state of national
crisis,
h) use of the Armed Forces abroad or within the country,
i) dissolution of the representative body of local governments,
j) amnesty.
(۶) A national ratification referendum shall be considered successful if more
than half of the votes of the citizens voting are valid, but at least more than
one-quarter of all eligible voters have given the same answer in the
referendum.
Article ۲۸D [Popular initiative]
At least ۵۰,۰۰۰ voting citizens are required for a national popular initiative.
A national popular initiative may be for the purpose of forcing the Parliament
to place a subject under its jurisdiction on the agenda. The Parliament shall
debate the subject defined by the national popular initiative.
Article ۲۸E [Signatures]
In order to call a national referendum, signatures may be collected for a
period of four months in the case of a civic initiative, and for a period of
two months in the case of a national popular initiative.
Chapter III The President of the Republic
Article ۲۹ [Role]
(۱) Hungary”s Head of State is the President of the Republic, who represents
the unity of the nation and monitors the democratic operation of the State.
(۲) The President of the Republic is the Commander in Chief of the armed
forces.
Article ۲۹A [Election]
(۱) The Parliament shall elect the President of the Republic for a term of five
years.
(۲) Any enfranchised Hungarian citizen who has reached the age of thirty-five
prior to the date of the election may be elected to the office of President of
the Republic.
(۳) The President of the Republic may be re-elected to such office no more than
once.
Article ۲۹B [Nomination, election procedure]
(۱) The election of the President of the Republic shall be preceded by the
nomination of a candidate. The written recommendation of no less than fifty
Members of Parliament is required for such a nomination to be valid. The
nomination must be submitted to the Speaker of Parliament prior to the
announcement of the election. No Member of Parliament may nominate more than
one candidate. If a Member of Parliament nominates more than one candidate, all
nominations made by the Member shall be invalid.
(۲) The Parliament shall elect the President of the Republic by secret ballot.
Voting may be repeated should this prove necessary. The candidate who receives
a majority of two-thirds of the votes of the Members of Parliament in the first
round of voting is elected President of the Republic.
(۳) Should no candidate receive such a majority in the first round of voting,
the voting process must be repeated, in accordance with Par. (۱). A majority of
two-thirds of the votes of the Members of Parliament shall also be required to
be elected in the second round of voting.
(۴) Should no candidate win the required majority in the second round of
voting, a third round of voting shall be held. In the third round of voting
only those two candidates who received the largest numbers of votes in the
second round may stand for election. The candidate receiving a majority of the
votes – regardless of the number of votes cast – in the third round of voting
is elected President of the Republic.
(۵) The election procedure shall be completed within a period of no more than
three consecutive days.
Article ۲۹C [Timing]
(۱) The President of the Republic must be elected within a period of ۳۰ days
prior to the expiration of the President”s mandate or, should the
President”s mandate end prematurely, within ۳۰ days from the date upon which
the mandate ends.
(۲) The Speaker of Parliament shall announce the elections for the office of
President of the Republic.
Article ۲۹D [Entering office]
The newly elected President of the Republic shall enter office upon expiration
of the previous President”s mandate or, should the President”s mandate
end prematurely, on the eighth day following the announcement of the result of
the elections. Prior to entering office, the President of the Republic shall
take an oath before Parliament.
Article ۲۹E [Acting President]
(۱) In the event that the President should be temporarily prevented from
attending to his duties, or that his mandate should for any reason end
prematurely, the Speaker of Parliament shall exercise the powers of the
President of the Republic until the newly elected President enters office. Such
powers are limited to the extent that the Speaker may not refer laws to the
Parliament for consideration, nor to the Constitutional Court for review, may
not dissolve the Parliament, and may only grant pardons to individuals upon
whom final conviction has been passed.
(۲) While acting as the President of the Republic, the Speaker of Parliament
may not exercise his powers as a Member of Parliament, and his duties as
Speaker of Parliament shall be attended to by the Deputy Speaker of Parliament
designated by the Parliament.
Article ۳۰ [Incompatibilities]
(۱) The office of President of the Republic is incompatible with all other
public, social and political offices or mandates. The President of the Republic
shall not be otherwise gainfully employed and shall not accept remuneration for
other activities, with the exception of such activities which fall under the
protection of copyright.
(۲) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the amount of compensation, allowances and
reimbursement due to the President of the Republic.
Article ۳۰A [Powers]
(۱) The President of the Republic shall –
a) represent the State of Hungary;
b) conclude international treaties in the name of the Republic of Hungary; if
the subject of the treaty falls within its legislative competence, prior
ratification by the Parliament is necessary for conclusion of the treaty;
c) accredit and receive ambassadors and envoys;
d) announce general parliamentary and local government elections, mayoral
elections as well as the dates of the European parliamentary elections and
national referenda;
e) have the right to participate in and speak at sittings of the Parliament and
of its committees;
f) have the right to petition the Parliament to take action;
g) have the right to initiate national referenda;
h) appoint and dismiss State Secretaries, in accordance with regulations
specified in a separate law;
i) appoint and dismiss the President and Vice-Presidents of the National Bank
of Hungary, and university professors upon the recommendation of persons or
organizations specified in a separate law; appoint and dismiss the university
rectors; appoint and promote Generals of the armed forces; confirm the
President of the Hungarian Academy of Sciences;
j) confer titles, orders, awards and decorations specified by law and authorize
the use thereof;
k) exercise the right to grant individual pardons;
l) issue rulings in cases of citizenship;
m) issue rulings in all issues assigned to his sphere of authority on the basis
of separate laws.
(۲) The counter-signature of the Prime Minister or responsible Minister is
required for all of the measures and actions of the President of the Republic
listed in Paragraph (۱), with the exception of the items specified in Points
a), d), e), f) and g).
Article ۳۱ [End of the mandate]
(۱) The mandate of the President of the Republic shall end –
a) upon completion of the term of office;
b) upon the death of the President;
c) upon incapacitation preventing him from attending to his duties for a period
of more than ninety days;
d) upon declaration of a conflict of interest;
e) upon resignation;
f) upon removal from the office of President.
(۲) Should grounds for a conflict of interest [Article ۳۰, Par. (۱)] involving
the President of the Republic arise during his term of office, any Member of
Parliament may petition the Parliament to decide on a declaration of a conflict
of interest. A majority of two-thirds of the votes of the Members of Parliament
is necessary to carry such a resolution. Voting shall be held by secret ballot.
(۳) The President of the Republic may resign from office by addressing a
statement to this effect to the Parliament. A statement of acceptance on behalf
of the Parliament is required for the resignation to be valid. Within a period
of fifteen days the Parliament may request that the President of the Republic
reconsider the decision. Should the President of the Republic stand by the
decision, the Parliament may not deny recognition of his resignation.
(۴) The President of the Republic may be removed from office on the basis of an
intentional violation of the Constitution or any other law committed while in
office.
Article ۳۱A [Inviolability]
(۱) The person of the President of the Republic is inviolable; protection
from criminal prosecution shall be granted by a separate law.
(۲) Should the President of the Republic violate the Constitution or any other
law while in office, a motion supported by one-fifth of the Members of
Parliament may propose that impeachment proceedings be initiated against the
President of the Republic.
(۳) A majority of two-thirds of the votes of the Members of Parliament is
required to initiate impeachment proceedings. Voting shall be held by secret
ballot.
(۴) From passage of this resolution by the Parliament until the conclusion of
the impeachment proceedings, the President of the Republic may not attend to
any of the duties of his office.
(۵) The Constitutional Court shall have jurisdiction in such cases.
(۶) Should the Constitutional Court determine that the law was violated, it
shall have the authority to remove the President of the Republic from office.
(۷)-(۸) {…}
Article ۳۲ [Impeachment]
(۱) If impeachment proceedings are initiated against the President of the
Republic on the basis of an indictable offense committed in connection with
official activities while in office, then the Constitutional Court shall also
apply the basic provisions of criminal prosecution in its proceedings. The
prosecution shall be represented by a Special Prosecutor elected from among the
Members of Parliament.
(۲) In other cases, criminal proceedings against the President of the Republic
may only be initiated subsequent to the end of his term of office.
(۳) Should the Constitutional Court find the President of the Republic guilty
of an intentional criminal offense, it may remove the President of the Republic
from office and simultaneously apply any punishment and measures prescribed for
such offense in the Penal Code.
Chapter IV The Constitutional Court
Article ۳۲A [Powers, organization]
(۱) The Constitutional Court shall review the constitutionality of laws and
attend to the duties assigned to its jurisdiction by law.
(۲) The Constitutional Court shall annul any laws and other statutes that it
finds to be unconstitutional.
(۳) Everyone has the right to initiate proceedings of the Constitutional Court
in the cases specified by law.
(۴) The Constitutional Court shall consist of eleven members who are elected by
the Parliament. Members of the Constitutional Court shall be nominated by the
Nominating Committee which shall consist of one member of each political party
represented in the Parliament. A majority of two-thirds of the votes of the
Members of Parliament is required to elect a member of the Constitutional
Court.
(۵) Members of the Constitutional Court may not be members of a political party
and may not engage in any political activities outside of the responsibilities
arising from the Constitutional Court”s sphere of jurisdiction.
(۶) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law regulating the organization and operation of the
Constitutional Court.
Chapter V The Parliamentary Ombudsman for Civil Rights and the Parliamentary
Ombudsman for the Rights of National and Ethnic Minorities
Article ۳۲B [Ombudsman]
(۱) The Parliamentary Ombudsman for Civil Rights is responsible for
investigating or initiating the investigation of cases involving the
infringement of constitutional rights which come to his attention and
initiating general or specific measures for their remedy.
(۲) The Parliamentary Ombudsman for the Rights of National and Ethnic
Minorities is responsible for investigating or initiating the investigation of
cases involving the infringement of the rights of national or ethnic minorities
which come to his attention and initiating general or specific measures for
their remedy.
(۳) Everyone has the right to initiate proceedings by the Parliamentary
Ombudsmen in the cases specified by law.
(۴) The Parliamentary Ombudsmen for Civil Rights and for the Rights of National
and Ethnic Minorities shall be elected by a majority of two-thirds of the votes
of the Members of Parliament, based on the recommendation made by the President
of the Republic. The Parliament may also elect special Ombudsmen for the
protection of individual constitutional rights.
(۵)
(۶) The Parliamentary Ombudsmen shall present the Parliament with an annual
report on their activities.
(۷) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on Parliamentary Ombudsmen.
Chapter VI The State Audit Office and the National Bank of Hungary
Article ۳۲C [State Audit Office]
(۱) The State Audit Office is the organ of Parliament responsible for financial
and economic auditing. Within its sphere of authority the State Audit Office
shall control the management of public finances, in the course of which it
shall review the fundamental soundness of the proposed State Budget, review the
necessity and expediency of expenditures, and countersign contracts pertaining
to the assumption of credits for the Budget; it shall review the legality of
proposed State Budget expenditures in advance; it shall audit the final
accounts of the implementation of the State Budget; it shall monitor the
management of State assets, audit state-owned enterprises and their activities
directed at the maintenance or increase of the value of their assets; it
shall attend to other duties assigned to its sphere of authority by law.
(۲) The State Audit Office shall carry out its review and control activities
bearing in mind the aspects of legality, expediency and efficiency. The State
Audit Office shall present the Parliament with a report on the auditing
activities it has carried out. Its report shall be made public. The President
of the State Audit Office shall present the Parliament with the audit report on
the final accounts together with the final accounts themselves.
(۳) A majority of two-thirds of the votes of the Members of Parliament is
required to elect the President and Vice-Presidents of the State Audit Office.
(۴) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the organization and basic principles of
operation of the State Audit Office.
Article ۳۲D [National Bank of Hungary]
(۱) The National Bank of Hungary is the central bank of the Republic of
Hungary. The National Bank of Hungary shall define the country”s monetary
policy in accordance with the provisions of specific other legislation.
(۲) The President of the National Bank of Hungary is appointed by the President
of the Republic for a term of six years.
(۳) The President of the National Bank of Hungary shall present the Parliament
with a report on the activities of the National Bank once every year.
Chapter VII The Government
Article ۳۳ [Organization]
(۱) The Government shall consist of –
a) the Prime Minister and
b) the Ministers.
(۲) The Prime Minister shall designate a Minister to act as Deputy Prime
Minister.
(۳) The Prime Minister shall be elected by a majority of the votes of the
Members of Parliament, based on the recommendation made by the President of the
Republic. The Parliament shall hold the vote on the election of the Prime
Minister and on the passage of the Government”s program at the same time.
(۴) The Ministers shall be appointed and dismissed by the President of the
Republic, based on the recommendation made by the President of the Republic.
(۵) The Government is formed upon appointment of the Ministers. Subsequent to
its formation, the Members of the Government shall take an oath before
Parliament.
Article ۳۳A [End of the mandate]
The Government”s mandate shall end –
a) upon formation of the newly elected Parliament;
b) upon resignation of the Prime Minister or the Government;
c) upon the death of the Prime Minister;
d) upon disfranchisement of the Prime Minister,
e) upon establishment of a conflict of interest on the part of the Prime
Minister, or
f) if the Parliament passes a motion of no-confidence in the Prime Minister and
elects a new Prime Minister in accordance with the provisions of Par. (۱),
Article ۳۹A.
Article ۳۳B [End of the mandate of ministerlquote s]
The Minister”s term shall cease –
a) upon completion of the Government”s term,
b) upon the Minister”s resignation,
c) upon the Minister”s dismissal,
d) upon the death of the Minister,
e) upon disfranchisement of the Minister,
f) upon declaration of a conflict of interest.
Article ۳۴ [List of Ministries]
The list of Ministries of the Republic of Hungary shall be contained in a
separate law.
Article ۳۵ [Powers]
(۱) The Government shall –
a) defend constitutional order, and defend and ensure the rights of the natural
person, legal persons and unincorporated organizations;
b) ensure the implementation of laws;
c) direct and co-ordinate the work of the Ministries and other organs placed
under its direct supervision;
d) ensure that the legal operation of local government is monitored, in
co-operation with the Minister of the Interior;
e) ensure the formulation of social and economic policies and the
implementation thereof;
f) define State responsibilities in the development of science and culture, and
ensure the necessary conditions for the implementation thereof;
g) define the State system of social welfare and health care services, and
ensure sufficient funds for such services;
h) supervise the operation of the armed forces and of the police and other
security organs;
i) take the measures necessary to limit and alleviate the consequences of
natural disasters that endanger lives and property (hereinafter referred to as
a state of danger) and to maintain public order and safety;
j) participate in the development of foreign policy; conclude international
treaties in the name of the Government of the Republic of Hungary;
k) attend to those responsibilities assigned to its sphere of authority by law.
(۲) Within its sphere of authority, the Government shall issue decrees and pass
resolutions, which shall be signed by the Prime Minister. Government decrees
and resolutions may not conflict with the law. Government decrees shall be
promulgated in the Official Gazette.
(۳) In a state of danger the Government, if authorized to do so by the
Parliament, may issue decrees and pass resolutions which deviate from the
provisions of certain laws. A majority of two-thirds of the votes of the
Members of Parliament present is required to pass the law establishing the
regulations to be applied in a state of danger.
(۴) With the exception of legal statutes, the Government shall annul or amend
all legally irreconcilable resolutions or measures taken by any subordinate
public authorities.
Article ۳۶ [Co-operation]
In the course of fulfilling its responsibilities, the Government shall
co-operate with the relevant social organizations.
Article ۳۷ [Prime Minister, Ministers]
(۱) The Prime Minister shall preside over sessions of Government and shall
ensure the implementation of Government decrees and resolutions.
(۲) The Ministers shall head the branches of public administration falling
within their respective portfolios and direct the public authorities they are
responsible for in accordance with the law and Government resolutions.
Ministers without Portfolio shall attend to the responsibilities determined by
the Government.
(۳) In the course of administering their duties, Members of the Government may
issue decrees. Such decrees, however, may not stand in conflict with the law or
with Government decrees or resolutions. Decrees shall be promulgated in the
Official Gazette.
Article ۳۸
{…}
Article ۳۹ [Responsability]
(۱) The Government is responsible to the Parliament for its operation and is
required to furnish the Parliament with regular reports on its work.
(۲) Members of the Government are responsible to the Government and to the
Parliament and shall provide the Government and the Parliament with reports on
their activities. The legal status, compensation and method of accountability
of Members of the Government and State Secretaries shall be regulated by law.
(۳) Members of the Government may participate and speak at sittings of
Parliament.
Article ۳۹A [Motion of no-confidence]
(۱) A motion of no-confidence in the Prime Minister may be initiated by a
written petition, which includes the nomination for a candidate for the office
of Prime Minister, by no less than one-fifth of the Members of Parliament. A
motion of no-confidence in the Prime Minister is considered a motion of
no-confidence in the Government as well. Should, on the basis of this motion,
the majority of the Members of Parliament withdraw their confidence, then the
candidate nominated for Prime Minister in the motion shall be considered to
have been elected.
(۲) The debate and vote on the motion of no-confidence shall be held no earlier
than three days from the date of proposal and no later than eight days from the
date of proposal.
(۳) The Government, via the Prime Minister, may propose a vote of confidence in
accordance with the period of time specified in Paragraph (۲).
(۴) The Government, via the Prime Minister, may propose that the vote on the
motion it has made simultaneously be considered as a vote of confidence.
(۵) Should the Parliament fail to give the Government a vote of confidence in
accordance with the provisions of Paragraphs (۳)-(۴), the Government shall
resign.
Article ۳۹B [Remainig in office]
Should the mandate of the Government end, the Government shall remain in office
until the formation of the new Government and shall continue to exercise the
rights accorded to it; the Government, however, may not conclude
international treaties and may only issue decrees with the express
authorization of a law, in cases when delay is not permissible.
Article ۳۹C [Interime Prime Minister]
(۱) If the term of the Prime Minister is terminated upon formation of the newly
elected Parliament or upon the resignation of the Prime Minister or the
Government, the Prime Minister shall remain in office as an interim Prime
Minister until the new Prime Minister is elected, but may not motion for the
nomination or dismissal of ministers and may only issue decrees upon the
express authorization of law in urgent cases.
(۲) If the term of the Prime Minister is terminated due his death,
disfranchisement or upon declaration of a conflict of interest, the minister
appointed by the Prime Minister for his office shall hold, with the
restrictions defined in Subsection (۱), the Prime Minister”s office until
the new Prime Minister is elected; or the minister appointed on the first
place if more than one minister have been appointed.
Article ۴۰ [Committees, government bodies]
(۱) The Government has the right to form committees for specific
responsibilities.
(۲)
(۳) The Government has the right to place any branch of public administration
under its direct supervision and createe separate government bodies for this
purpose.
Chapter VIII The Armed Forces and the Police
Article ۴۰A [Duty]
(۱) The fundamental duty of the armed forces (Hungarian Army, Border Guard) is
the military defense of the country and participation in collective defense
duties under international treaty. As part of its security activities, the
Border Guard shall guard the borders of the country, monitor and control border
traffic, and maintain order on the borders. A majority of two-thirds of the
votes of the Members of Parliament present is required to pass the law
establishing the duties and detailed regulations of the armed forces.
(۲) The fundamental duty of the police is to maintain public safety and
domestic order. A majority of two-thirds of the votes of the Members of
Parliament present is required to pass the law on the police and the detailed
regulations pertaining to issues of national security.
Article ۴۰B [Use of armed forces]
(۱) {…}
(۲) In the event of armed actions aimed at overturning constitutional order or
at the acquisition of exclusive control of public power, or in the case of
grave acts of violence committed by force of arms or by armed groups which
endanger lives and property on a mass scale, during a state of emergency
declared in accordance with the provisions of the Constitution, the armed
forces may be used, if the use of the police proves insufficient.
(۳) Within the framework of the Constitution, only Parliament, the President of
the Republic, the National Defense Council, the Government and the responsible
Minister shall have the right to command the armed forces, unless otherwise
provided by international treaties. Provisions pertaining to commanding the
armed forces and the execcutive leadership of the Hungarian Armed Forces shall
be laid down by an act, for the passage of which a majority of two-thirds of
the votes of the Members of Parliament present is required, while the detailed
regulations shall be set forth by the Government.
(۴) Professional members of the armed forces, the police and other civil
national security services may not be members of political parties and may not
engage in political activities.
(۵) Restrictions on the political activities of non-professional members of the
armed forces may be established by a law passed by a majority of two-thirds of
the votes of the Members of Parliament present.
Article ۴۰C []
The Government shall have the power to authorize – in due observation of
Section ۱۹E – allied armed forces to engage in patrol missions with the active
air and air defense forces for the protection and defense of the territory of
the country.
Chapter IX Local Governments
Article ۴۱ [Administrative units]
(۱) The territory of the Republic of Hungary is divided into the following
administrative units: the capital, the counties, the cities and communities.
(۲) The capital is divided into districts. Districts may be formed in cities as
well.
Article ۴۲ [Right to local government]
Eligible voters of the communities, cities, the capital and its districts, and
the counties have the right to local government. Local government refers to
independent, democratic management of local affairs and the exercise of local
public authority in the interests of the local population.
Article ۴۳ [Fundamental rights of local governments]
(۱) The fundamental rights of all local governments (see Article ۴۴A) are
equal. The duties of local governments may differ.
(۲) The rights and duties of local governments shall be determined by law. The
lawful exercise of the powers of local government is afforded the legal
protection of the courts and any local government may appeal to the
Constitutional Court for the protection of its rights.
Article ۴۴ [Exercise of the right to local government]
(۱) Eligible voters exercise the right to local government through the
representative body that they elect and by way of local referendum.
(۲) With the exception of mid-term elections, the mayor and the members of
local representative bodies shall be elected in the month of October in the
fourth year following the previous general elections.
(۳) The mandate of the representative body shall expire on the day of the
general local government elections. If no elections are held due to the lack of
nominees, the mandate of the representative body shall extend to the day of the
mid-term elections. The mandate of the mayor shall expire upon the election of
the new mayor.
(۴) A representative body may declare its dissolution prior to the expiration
of its mandate and in accordance with the conditions stipulated in the law on
local governments. Upon dissolution of the body [Article ۱۹, Paragraph (۳),
Point l)] the mandate of the Mayor also ends.
Article ۴۴A [Representative body]
(۱) The local representative body –
a) shall independently manage and administrate the affairs of local government
and its decisions may only be reviewed with respect to their legality;
b) shall exercise the rights of ownership in the assets of local government,
independently manage local government revenues, and may undertake business
activities at its own liability;
c) shall be entitled to its own revenues for attending to the duties of local
government as prescribed by law, and shall furthermore be entitled to state
support commensurate to the scope of such duties;
d) shall determine the types and rates of local taxes in accordance with the
framework established by law;
e) shall independently establish its own organization and rules of procedure in
accordance with the framework established by law;
f) may develop symbols and emblems of government, and establish local honors
and titles;
g) may present proposals to the authorities responsible for decisions that
affect the local population;
h) may freely merge with other local representative bodies and createe
associations of local government for the representation of their interests, may
co-operate with the local governments of other countries and may be a member of
international associations of local government.
(۲) Local representative bodies may issue decrees, which may not conflict with
legal statutes of a superior order.
Article ۴۴B [Mayor]
(۱) The Mayor is the chairman of the local representative body. The
representative body may elect committees and createe offices.
(۲) In exceptional cases the Mayor may attend to state administrative duties
and authorities in addition to his responsibilities of local government, in
accordance with the law or a government decree authorized by law.
(۳) State administrative duties and authority may be assigned to the Clerk of
local representative bodies and in exceptional cases to the Director of the
Office of Local Government.
Article ۴۴C [Law on local governments]
A majority of two-thirds of the votes of the Members of Parliament present is
required to pass the law on local governments. The fundamental rights of local
governments may be restricted by a law which also requires a two-thirds
majority.
Chapter X The Judiciary
Article ۴۵ [Administration of justice]
(۱) In the Republic of Hungary justice is administered by the Supreme Court of
the Republic of Hungary, the appeals courts, the Municipal Court of Budapest,
the county courts and the local and labor courts.
(۲) Special courts for specific groups of cases may be established by law.
Article ۴۶ [Councils]
(۱) The courts shall, unless otherwise prescribed by law, administer justice
through councils.
(۲) Non-professional judges shall also participate in the cases and in the
manner prescribed by law.
(۳) Only professional judges may fill the office of single judges and
presidents of council.
Article ۴۷ [Supreme Court]
(۱) The Supreme Court is the supreme court authority for justice of the
Republic of Hungary.
(۲) The Supreme Court shall assure the uniformity of the administration of
justice by the courts and its resolutions concerning uniformity shall be
binding for all courts.
Article ۴۸ [President of the Supreme Court]
(۱) Based on the recommendation made by the President of the Republic, the
Parliament shall elect the President of the Supreme Court; based on the
recommendation made by the President of the Supreme Court, the President of the
Republic shall appoint the Deputy Presidents of the Supreme Court. A majority
of two-thirds of the votes of the Members of Parliament is required to elect
the President of the Supreme Court.
(۲) The President of the Republic shall appoint professional judges in the
manner specified by law.
(۳) Judges may only be removed from office on the grounds and in accordance
with the procedures specified by law.
Article ۴۹
{…}
Article ۵۰ [Powers, National Council of Justice]
(۱) The courts of the Republic of Hungary shall protect and uphold
constitutional order, as well as the rights and lawful interests of natural
person, legal persons and unincorporated organizations, and shall determine the
punishment for those who commit criminal offenses.
(۲) The courts shall review the legality of the decisions of public
administration.
(۳) Judges are independent and answer only to the law. Judges may not be
members of political parties and may not engage in political activities.
(۴) Administration of the courts shall be exercised by the National Council of
Justice; self-government bodies for the representation of judges shall also
participate in such administration.
(۵) A majority of two-thirds of the votes of the Members of Parliament present
shall be required for the Parliament to pass the laws on the structure and
supervision of courts and on the legal status and remuneration of judges.
Chapter XI The Office of the Public Prosecutor
Article ۵۱ [Powers]
(۱) The General Prosecutor and the Office of the Public Prosecutor of the
Republic of Hungary ensure the protection of the rights of the natural person,
legal persons and unincorporated organizations, maintain constitutional order
and shall prosecute to the full extent of the law any act which violates or
endangers the security and independence of the country.
(۲) The Office of the Public Prosecutor shall exercise rights specified by law
in connection with investigations, shall represent the prosecution in court
proceedings, and shall be responsible for the supervision of the legality of
penal measures.
(۳) The Office of the Public Prosecutor shall help to ensure that everybody
comply with the law. When the law is violated, the Office of the Public
Prosecutor shall act to uphold the law in the cases and manner specified by
law.
Article ۵۲ [General Prosecutor]
(۱) The Parliament shall elect a candidate for General Prosecutor upon the
recommendation made by the President of the Republic; the President of the
Republic shall appoint the Deputies to the General Prosecutor on the basis of
the recommendation made by the General Prosecutor.
(۲) The General Prosecutor shall answer to the Parliament and shall provide a
report on his activities.
Article ۵۳ [Public prosecutors]
(۱) Public prosecutors are appointed by the General Prosecutor of the Republic
of Hungary.
(۲) Public prosecutors may not be members of political parties and may not
engage in political activities.
(۳) The Office of the Public Prosecutor is directed by the General Prosecutor.
(۴) The regulations pertaining to the Office of the Public Prosecutor shall be
determined by law.
Chapter XII Fundamental Rights and Duties
Article ۵۴ []
(۱) In the Republic of Hungary everyone has the inherent right to life and to
human dignity. No one shall be arbitrarily denied of these rights.
(۲) No one shall be subject to torture or to cruel, inhuman or humiliating
treatment or punishment. Under no circumstances shall anyone be subjected to
medical or scientific experiments without his prior consent.
Article ۵۵ []
(۱) In the Republic of Hungary everyone has the right to freedom and personal
security; no one shall be deprived of his freedom except on the grounds and
in accordance with the procedures specified by law.
(۲) Any individual suspected of havingg committed a criminal offense and held
in detention shall either be released or shall be brought before a judge within
the shortest possible period of time. The judge is required to grant the
detained individual a hearing and shall immediately prepare a written ruling
with a justification for either releasing the detainee or havingg the
individual placed under arrest.
(۳) Any individual subject to illegal arrest or detainment is entitled to
compensation.
Article ۵۶ []
In the Republic of Hungary everyone is legally capable.
Article ۵۷ []
(۱) In the Republic of Hungary everyone is equal before the law and has the
right to have the accusations brought against him, as well as his rights and
duties in legal proceedings, judged in a just, public trial by an independent
and impartial court established by law.
(۲) In the Republic of Hungary no one shall be considered guilty until a court
has rendered a final legal judgment determining criminal culpability.
(۳) Individuals subject to criminal proceedings are entitled to legal defense
at all stages of the proceedings. Defense lawyers may not be held accountable
for opinions expressed in the course of the defense.
(۴) No one shall be declared guilty and subjected to punishment for an offense
that was not a criminal offense under Hungarian law at the time such offense
was committed.
(۵) In the Republic of Hungary everyone may seek legal remedy, in accordance
with the provisions of the law, to judicial, administrative or other official
decisions, which infringe on his rights or justified interests. A law passed by
a majority of two-thirds of the votes of the Members of Parliament present may
impose restrictions on the right to legal remedy in the interest of, and in
proportion with, adjudication of legal disputes within a reasonable period of
time.
Article ۵۸ []
(۱) Everyone legally staying or residing in the territory of the Republic of
Hungary – with the exception of the cases established by law – has the right to
move freely and to choose his place of residence, including the right to leave
his domicile or the country.
(۲) Foreigners legally residing in the territory of the Republic of Hungary may
only be deported on the basis of a resolution reached in accordance with the
law.
(۳) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the freedom of movement and residence.
Article ۵۹ []
(۱) In the Republic of Hungary everyone has the right to the good standing of
his reputation, the privacy of his home and the protection of secrecy in
private affairs and personal data.
(۲) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the secrecy of personal data.
Article ۶۰ []
(۱) In the Republic of Hungary everyone has the right to freedom of thought,
freedom of conscience and freedom of religion.
(۲) This right shall include the free choice or acceptance of a religion or
belief, and the freedom to publicly or privately express or decline to express,
exercise and teach such religions and beliefs by way of religious actions,
rites or in any other way, either individually or in a group.
(۳) The church and the State shall operate in separation in the Republic of
Hungary.
(۴) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the freedom of belief and religion.
Article ۶۱ []
(۱) In the Republic of Hungary everyone has the right to freely express his
opinion, and furthermore to access and distribute information of public
interest.
(۲) The Republic of Hungary recognizes and respects the freedom of the press.
(۳) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the public access to information of public
interest and the law on the freedom of the press.
(۴) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the supervision of public radio, television and
the public news agency, as well as the appointment of the directors thereof, on
the licensing of commercial radio and television, and on the prevention of
monopolies in the media sector.
Article ۶۲ []
(۱) The Republic of Hungary recognizes the right to peaceful assembly and shall
ensure the free exercise thereof.
(۲) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the right of assembly.
Article ۶۳ []
(۱) On the basis of the right of assembly, everyone in the Republic of Hungary
has the right to establish organizations whose goals are not prohibited by law
and to join such organizations.
(۲) The establishment of armed organizations with political objecttives shall
not be permitted on the basis of the right of assembly.
(۳) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the right of assembly and the financial
management and operation of political parties.
Article ۶۴ []
In the Republic of Hungary everyone has the right to present, individually or
together with others, written petitions or complaints to the relevant public
authority.
Article ۶۵ []
(۱) In accordance with the conditions established by law, the Republic of
Hungary shall, if neither their country of origin nor another country provides
protection, extend the right of asylum to foreign citizens who, in their native
country or the country of their usual place of residence, are subject to
persecution on the basis of race or nationality, their alliance with a specific
social group, religious or political conviction, or whose fear of being subject
to persecution is well founded.
(۲) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the right to asylum.
Article ۶۶ []
(۱) The Republic of Hungary shall ensure the equality of men and women in all
civil, political, economic, social and cultural rights.
(۲) In the Republic of Hungary mothers shall receive support and protection
before and after the birth of the child, in accordance with separate
regulations.
(۳) Separate regulations shall ensure the protection of women and youth in the
workplace.
Article ۶۷ []
(۱) In the Republic of Hungary all children have the right to receive the
protection and care of their family, and of the State and society, which is
necessary for their satisfactory physical, mental and moral development.
(۲) Parents have the right to choose the form of education given to their
children.
(۳) Separate regulations shall establish the responsibilities of the State with
regard to the situation and protection of the family and youth.
Article ۶۸ []
(۱) The national and ethnic minorities living in the Republic of Hungary
participate in the sovereign power of the people: they represent a constituent
part of the State.
(۲) The Republic of Hungary shall provide for the protection of national and
ethnic minorities and ensure their collective participation in public affairs,
the fostering of their cultures, the use of their native languages, education
in their native languages and the use of names in their native languages.
(۳) The laws of the Republic of Hungary shall ensure representation for the
national and ethnic minorities living within the country.
(۴) National and ethnic minorities shall have the right to form local and
national bodies for self-government.
(۵) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the rights of national and ethnic minorities.
Article ۶۹ []
(۱) In the Republic of Hungary no one shall be denied of his Hungarian
citizenship against his will and no Hungarian citizen may be expelled from the
territory of the Republic of Hungary.
(۲) Hungarian citizens may always return to Hungary from abroad.
(۳) All Hungarian citizens are entitled to enjoy the protection of the Republic
of Hungary while legally residing or staying abroad.
(۴) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on citizenship.
Article ۷۰ []
(۱) All adult Hungarian citizens residing in the territory of the Republic of
Hungary have the right to be elected and the right to vote in Parliamentary
elections, local government elections or minority self-government elections,
provided that they are present in the country on the day of the election or
referendum, and furthermore to participate in national or local referenda or
popular initiatives.
(۲) Persons residing in the territory of the Republic of Hungary as immigrants
who do not have Hungarian citizenship also have the right to vote in local
government elections of representatives and the Mayor, as well as the right to
participate in local referenda and popular initiatives, in accordance with the
regulations of a separate law, provided that they are present in the country on
the day of the election or referendum.
(۳) The right to vote shall not be granted to persons who are under
guardianship limiting or excluding their capacity, to persons who are subject
to a final legal judgment forbidding them to participate in public affairs, nor
to persons who are incarcerated on the basis of a final legal judgment or who
are under compulsory institutional care on the basis of a final legal judgment
rendered in criminal proceedings.
(۴) All Hungarian citizens have the right to participate in public affairs, and
furthermore to hold public office in accordance with their suitability,
education and professional ability.
Article ۷۰A []
(۱) The Republic of Hungary shall respect the human rights and civil rights of
all persons in the country without discrimination on the basis of race, color,
gender, language, religion, political or other opinion, national or social
origins, financial situation, birth or on any other grounds whatsoever.
(۲) The law shall provide for strict punishment of discrimination on the basis
of Paragraph (۱).
(۳) The Republic of Hungary shall endeavor to implement equal rights for
everyone through measures that createe fair opportunities for all.
Article ۷۰B []
(۱) In the Republic of Hungary everyone has the right to work and to freely
choose his job and profession.
(۲) Everyone has the right to equal compensation for equal work, without any
discrimination whatsoever.
(۳) All persons who work have the right to an income that corresponds to the
amount and quality of work they carry out.
(۴) Everyone has the right to leisure time, to free time and to regular paid
vacation.
Article ۷۰C []
(۱) Everyone has the right to establish or join organizations together with
others with the objecttive of protecting his economic or social interests.
(۲) The right to strike may be exercised within the framework of the law
regulating such right.
(۳) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the right to strike.
Article ۷۰D []
(۱) Everyone living in the territory of the Republic of Hungary has the right
to the highest possible level of physical and mental health.
(۲) The Republic of Hungary shall implement this right through institutions of
labor safety and health care, through the organization of medical care and the
opportunities for regular physical activity, as well as through the protection
of the urban and natural environment.
Article ۷۰E []
(۱) Citizens of the Republic of Hungary have the right to social security;
they are entitled to the support required to live in old age, and in the case
of sickness, disability, being widowed or orphaned and in the case of
unemployment through no fault of their own.
(۲) The Republic of Hungary shall implement the right to social support through
the social security system and the system of social institutions.
Article ۷۰F []
(۱) The Republic of Hungary guarantees the right of education to its citizens.
(۲) The Republic of Hungary shall implement this right through the
dissemination and general access to culture, free compulsory primary schooling,
through secondary and higher education available to all persons on the basis of
their ability, and furthermore through financial support for students.
Article ۷۰G []
(۱) The Republic of Hungary shall respect and support the freedom of scientific
and artistic expression, the freedom to learn and to teach.
(۲) Only scientists are entitled to decide in questions of scientific truth and
to determine the scientific value of research.
Article ۷۰H []
(۱) All citizens of the Republic of Hungary have the obligation to defend their
country.
(۲) Based on the general obligation to defend the country, citizens shall
complete armed or unarmed military service, or complete civil service in
accordance with the conditions established by law.
(۳) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on the obligation to complete military service.
Article ۷۰I []
All natural persons, legal persons and unincorporated organizations have the
obligation to contribute to public revenues on the basis of their income and
wealth.
Article ۷۰J []
In the Republic of Hungary parents and guardians have the obligation to ensure
the education of their young children.
Article ۷۰K []
Claims arising from infringement on fundamental rights, and objecttions to the
decisions of public authorities regarding the fulfillment of duties may be
brought before a court of law.
Chapter XIII The Basic Principles of Elections
Article ۷۱ [Elections]
(۱) Members of Parliament, members of representative bodies of local
governments, Mayors and the Mayor of the Capital are elected by direct, secret
ballot by voting citizens, based on their universal and equal right to vote.
(۲) The members of the local government representative bodies of counties shall
elect the president of the representative body by direct, secret ballot. The
president must be a Hungarian citizen.
(۳) Separate laws shall establish provisions for the election of Members of
Parliament, Members of the European Parliament and members of representative
bodies of local governments and mayors. A two-thirds majority vote of the
Members of Parliament present is required to pass such laws.
(۴) A separate law shall establish provisions for the election of
representatives of minority self-governments. A two-thirds majority vote of the
Members of Parliament present is required to pass such laws.
Article ۷۲
{…}
Article ۷۳
{…}
Chapter XIV The Capital and National Symbols of the Republic of Hungary
Article ۷۴ [Capital]
The Capital of the Republic of Hungary is Budapest.
Article ۷۵ [National anthem]
The national anthem of the Republic of Hungary is the poem “Himnusz” by Ferenc
Kölcsey, set to the music of Ferenc Erkel.
Article ۷۶ [National Flag, Coat of Arms]
(۱) The National Flag of the Republic of Hungary is a tricolor consisting of
horizontal red, white and green bands of even width.
(۲) The Coat of Arms of the Republic of Hungary is a vertically divided shield
with a rounded base coming to a point. The left field contains eight horizontal
bars of red and silver. The right field has a background of red and depicts a
base of three green hills with a golden crown resting on the center hill and a
silver patriarchal cross issuing from the middle of the crown. The Holy Crown
of St. Stephen rests on the top of the shield.
(۳) A majority of two-thirds of the votes of the Members of Parliament is
required to pass the law on the Coat of Arms and National Flag of the Republic
of Hungary and the use thereof.
Chapter XV Final Provisions
Article ۷۷ [Constitution]
(۱) This Constitution is the supreme law of the Republic of Hungary.
(۲) This Constitution and laws and statutes established in accordance with this
Constitution are equally binding for everybody of the country.
(۳) {…}
Article ۷۸ [Entering into effect]
(۱) The Constitution of the Republic of Hungary shall enter into effect on the
day of its promulgation; the Government shall ensure its implementation.
(۲) The Government shall propose the Bills necessary to implement this
Constitution to the Paliament.
Article ۷۹ [Referendum on EU accession]
A peremptory national referendum shall be held concerning the accession of the
Republic of Hungary to the European unionn under the conditions laid down in
the accession treaty. The date of this referendum is ۱۲ April ۲۰۰۳. The
question of the referendum shall read as follows: “Do you agree that the
Republic of Hungary should become a member of the European unionn?”.