{ Adopted on: 20 Aug 1949 }
{ Official Title: Constitution of the Republic of Hungary }
{ The Constitution was established by Act XX of 1949. }
{ ICL Document Status: 2003 }
{ Editor's Note: The ICL edition has originally been based on an inofficial translation by
Kendall Logan, kindly provided
by him on 29 Sep 1997. The edition is consolidated with all Amendments
up to and including Act LIX of 1997 on the Amendment of the Constitution of
the Republic of Hungary. The new Articles added by Amendments until 2003
have been inserted by Emöd
Veress. }
[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.
Article 2 [Democracy, Rule of Law, Sovereignty]
(1) The Republic of Hungary is an independent, democratic constitutional state.
(2) In the Republic of Hungary supreme power is vested in the people, who exercise
their sovereign rights directly and through elected representatives.
(3) 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 2A [European Union]
(1) By virtue of treaty, the Republic of Hungary, in its capacity as a Member
State of the European Union, 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 Union
and the European Communities (hereinafter referred to as "European Union'); these
powers may be exercised independently and by way of the institutions of the European
Union.
(2) The ratification and promulgation of the treaty referred to in Subsection
(1) shall be subject to a two-thirds majority vote of the Parliament.
Article 3 [Political parties]
(1) 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.
(2) Political parties shall participate in the development and expression of the
popular will.
(3) 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 4 [Unions]
Labor unions and other representative bodies shall protect and represent the interests
of employees, members of co-operatives and entrepreneurs.
Article 5 [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 6 [Peace]
(1) 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.
(2) The Republic of Hungary shall endeavor to co-operate with all peoples and
countries of the world.
(3) 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.
(4) 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 7 [Principles of international law]
(1) 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.
(2) 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 8 [Human rights]
(1) 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.
(2) 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.
(3) {...}
(4) 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 54 -56, Paragraphs
(2)-(4) of Article 57, Article 60, Articles
66-69 and Article 70E.
Article 9 [Economy, property, free competition]
(1) The economy of Hungary is a market economy, in which public and private property
shall receive equal consideration and protection under the law.
(2) The Republic of Hungary recognizes and supports the right to enterprise and
the freedom of competition in the economy.
Article 10 [National property]
(1) Property of the State of Hungary is considered national wealth.
(2) Fields of ownership and economic activity deemed to be the sole domain of
the State shall be defined by law.
Article 11 [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 12 [Co-operatives]
(1) The State shall support co-operatives based on voluntary association and shall
recognize the autonomy of such co-operatives.
(2) The State shall respect the property of local governments.
Article 13 [Private property]
(1) The Republic of Hungary guarantees the right to property.
(2) 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 16 [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 17 [Social security]
The Republic of Hungary shall provide support for those in need through a wide
range of social measures.
Article 18 [Healthy environment]
The Republic of Hungary recognizes and shall implement the individual's right
to a healthy environment.
Article 19 [Powers and representation]
(1) The Parliament is the supreme body of State power and popular representation
in the Republic of Hungary.
(2) 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.
(3) 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.
(4) 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. 3.
(5) {...}
(6) 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 (3).
Article 19A [State of war, national crisis or emergency]
(1) 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.
(2) 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.
(3) 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.
(4) 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 19B [National Defence Council]
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) The operation of the Constitutional Court may not be restricted during a state
of national crisis.
Article 19C [Use of armed forces, emergency measures]
(1) 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 (2) of Section 40B.
(2) The President of the Republic shall introduce emergency measures, which are
defined in a separate law, by decree during a state of emergency.
(3) 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.
(4) 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.
(5) In other respects the regulations pertaining to a state of national crisis
shall apply to a state of emergency.
Article 19D [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 19E [Foreign attack]
(1) 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.
(2) 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 (1).
(3) 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 20 [Election, mandate]
(1) 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
having been dissolved - shall be held in the month of April or May in the fourth
year following the election of the previous Parliament.
(2) Members of Parliament shall carry out their duties in the public interest.
(3) Members of Parliament are granted parliamentary immunity, in accordance with
the regulations of the law defining the legal status of Members of Parliament.
(4) 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.
(5) 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.
(6) 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 20A [End of the mandate]
(1) 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.
(2) 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.
(3) 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 21 [Organization]
(1) The Parliament shall elect the Speaker of Parliament, Deputy Speakers and
Clerks from among its Members.
(2) The Parliament shall establish standing committees from among its members
and may delegate a committee for the investigation of any issue whatsoever.
(3) Everyone is obliged to provide Parliamentary Committees with the information
requested and is obliged to testify before such committees.
Article 22 [Sessions]
(1) The Parliament shall hold two regular sessions annually: every year from the
1st of February through the 15th of June and from the 1st of September through
the 15th of December.
(2) 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.
(3) 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.
(4) 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.
(5) 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 23 [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 24 [Quorum, procedure]
(1) The Parliament has a quorum if no less than half of its members are present.
(2) The Parliament shall pass decisions with a majority of one-half of the votes
of the Members of Parliament present.
(3) 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.
(4) 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.
(5) {....}
Article 25 [Legislative initiative]
(1) Legislation may be initiated by the President of the Republic, the Government,
all Parliamentary Committees, and any Member of Parliament.
(2) The authority to pass legislation is vested in the Parliament.
(3) 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 26 [Promulgation]
(1) 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.
(2) 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.
(1).
(3) 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.
(4) 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. (1) prior to ratification.
(5) 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.
(6) The President of the Republic shall ratify the law subject to national referendum
if such law is confirmed by the national referendum.
Article 27 [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 28 [Term, dissolution]
(1) The term of Parliament commences from its inaugural sitting.
(2) The Parliament has the right to declare its dissolution prior to the completion
of its term.
(3) 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.
(4)
(5) 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.
(6) A new Parliament shall be elected within a period of three months following
the declaration of the Parliament's dissolution or the Parliament having been
dissolved.
(7) The Parliament shall continue to operate until the inaugural sitting of the
new Parliament.
Article 28A [Interdictions of dissolution]
(1) During a state of national crisis or a state of emergency the Parliament may
neither declare its dissolution nor be dissolved.
(2) 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.
(3) 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 28B [Referenda]
(1) The subject of national referenda or popular initiatives may fall under the
jurisdiction of the Parliament.
(2) 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 28C [National referendum]
(1) 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.
(2) A national referendum shall be held if so initiated by at least 200,000 voting
citizens.
(3) If a national referendum is mandatory, the result of the successfully held
national referendum shall be binding for the Parliament.
(4) 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 100,000 voting citizens.
(5) National referendum may not be held on the following subjects:
a) on laws on the central budget, the execution 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.
(6) 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 28D [Popular initiative]
At least 50,000 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 28E [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.
Article 29 [Role]
(1) 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.
(2) The President of the Republic is the Commander in Chief of the armed forces.
Article 29A [Election]
(1) The Parliament shall elect the President of the Republic for a term of five
years.
(2) 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.
(3) The President of the Republic may be re-elected to such office no more than
once.
Article 29B [Nomination, election procedure]
(1) 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.
(2) 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.
(3) Should no candidate receive such a majority in the first round of voting,
the voting process must be repeated, in accordance with Par. (1). 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.
(4) 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.
(5) The election procedure shall be completed within a period of no more than
three consecutive days.
Article 29C [Timing]
(1) The President of the Republic must be elected within a period of 30 days prior
to the expiration of the President's mandate or, should the President's mandate
end prematurely, within 30 days from the date upon which the mandate ends.
(2) The Speaker of Parliament shall announce the elections for the office of President
of the Republic.
Article 29D [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 29E [Acting President]
(1) 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.
(2) 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 30 [Incompatibilities]
(1) 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.
(2) 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 30A [Powers]
(1) 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.
(2) 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 (1), with the exception of the items specified in Points a), d), e),
f) and g).
Article 31 [End of the mandate]
(1) 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.
(2) Should grounds for a conflict of interest [Article 30, Par. (1)] 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.
(3) 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.
(4) 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 31A [Inviolability]
(1) The person of the President of the Republic is inviolable; protection from
criminal prosecution shall be granted by a separate law.
(2) 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.
(3) 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.
(4) 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.
(5) The Constitutional Court shall have jurisdiction in such cases.
(6) Should the Constitutional Court determine that the law was violated, it shall
have the authority to remove the President of the Republic from office.
(7)-(8) {...}
Article 32 [Impeachment]
(1) 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.
(2) In other cases, criminal proceedings against the President of the Republic
may only be initiated subsequent to the end of his term of office.
(3) 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.
Article 32A [Powers, organization]
(1) The Constitutional Court shall review the constitutionality of laws and attend
to the duties assigned to its jurisdiction by law.
(2) The Constitutional Court shall annul any laws and other statutes that it finds
to be unconstitutional.
(3) Everyone has the right to initiate proceedings of the Constitutional Court
in the cases specified by law.
(4) 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.
(5) 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.
(6) 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.
Article 32B [Ombudsman]
(1) 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.
(2) 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.
(3) Everyone has the right to initiate proceedings by the Parliamentary Ombudsmen
in the cases specified by law.
(4) 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.
(5)
(6) The Parliamentary Ombudsmen shall present the Parliament with an annual report
on their activities.
(7) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on Parliamentary Ombudsmen.
Article 32C [State Audit Office]
(1) 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.
(2) 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.
(3) 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.
(4) 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 32D [National Bank of Hungary]
(1) 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.
(2) The President of the National Bank of Hungary is appointed by the President
of the Republic for a term of six years.
(3) 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.
Article 33 [Organization]
(1) The Government shall consist of -
a) the Prime Minister and
b) the Ministers.
(2) The Prime Minister shall designate a Minister to act as Deputy Prime Minister.
(3) 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.
(4) The Ministers shall be appointed and dismissed by the President of the Republic,
based on the recommendation made by the President of the Republic.
(5) 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 33A [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. (1), Article
39A.
Article 33B [End of the mandate of minister\lquote 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 35 [Powers]
(1) 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.
(2) 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.
(3) 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.
(4) 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 36 [Co-operation]
In the course of fulfilling its responsibilities, the Government shall co-operate
with the relevant social organizations.
Article 37 [Prime Minister, Ministers]
(1) The Prime Minister shall preside over sessions of Government and shall ensure
the implementation of Government decrees and resolutions.
(2) 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.
(3) 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 39 [Responsability]
(1) The Government is responsible to the Parliament for its operation and is required
to furnish the Parliament with regular reports on its work.
(2) 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.
(3) Members of the Government may participate and speak at sittings of Parliament.
Article 39A [Motion of no-confidence]
(1) 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.
(2) 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.
(3) The Government, via the Prime Minister, may propose a vote of confidence in
accordance with the period of time specified in Paragraph (2).
(4) 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.
(5) Should the Parliament fail to give the Government a vote of confidence in
accordance with the provisions of Paragraphs (3)-(4), the Government shall resign.
Article 39B [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 39C [Interime Prime Minister]
(1) 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.
(2) 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
(1), 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 40 [Committees, government bodies]
(1) The Government has the right to form committees for specific responsibilities.
(2)
(3) The Government has the right to place any branch of public administration
under its direct supervision and create separate government bodies for this purpose.
Article 40A [Duty]
(1) 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.
(2) 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 40B [Use of armed forces]
(1) {...}
(2) 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.
(3) 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 executive 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.
(4) 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.
(5) 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 40C []
The Government shall have the power to authorize - in due observation of Section
19E - 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.
Article 41 [Administrative units]
(1) The territory of the Republic of Hungary is divided into the following administrative
units: the capital, the counties, the cities and communities.
(2) The capital is divided into districts. Districts may be formed in cities as
well.
Article 42 [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 43 [Fundamental rights of local governments]
(1) The fundamental rights of all local governments (see Article 44A)
are equal. The duties of local governments may differ.
(2) 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 44 [Exercise of the right to local government]
(1) Eligible voters exercise the right to local government through the representative
body that they elect and by way of local referendum.
(2) 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.
(3) 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.
(4) 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 19, Paragraph (3), Point
l)] the mandate of the Mayor also ends.
Article 44A [Representative body]
(1) 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 create 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.
(2) Local representative bodies may issue decrees, which may not conflict with
legal statutes of a superior order.
Article 44B [Mayor]
(1) The Mayor is the chairman of the local representative body. The representative
body may elect committees and create offices.
(2) 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.
(3) 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 44C [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.
Article 45 [Administration of justice]
(1) 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.
(2) Special courts for specific groups of cases may be established by law.
Article 46 [Councils]
(1) The courts shall, unless otherwise prescribed by law, administer justice through
councils.
(2) Non-professional judges shall also participate in the cases and in the manner
prescribed by law.
(3) Only professional judges may fill the office of single judges and presidents
of council.
Article 47 [Supreme Court]
(1) The Supreme Court is the supreme court authority for justice of the Republic
of Hungary.
(2) 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 48 [President of the Supreme Court]
(1) 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.
(2) The President of the Republic shall appoint professional judges in the manner
specified by law.
(3) Judges may only be removed from office on the grounds and in accordance with
the procedures specified by law.
Article 50 [Powers, National Council of Justice]
(1) 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.
(2) The courts shall review the legality of the decisions of public administration.
(3) Judges are independent and answer only to the law. Judges may not be members
of political parties and may not engage in political activities.
(4) 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.
(5) 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.
Article 51 [Powers]
(1) 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.
(2) 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.
(3) 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 52 [General Prosecutor]
(1) 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.
(2) The General Prosecutor shall answer to the Parliament and shall provide a
report on his activities.
Article 53 [Public prosecutors]
(1) Public prosecutors are appointed by the General Prosecutor of the Republic
of Hungary.
(2) Public prosecutors may not be members of political parties and may not engage
in political activities.
(3) The Office of the Public Prosecutor is directed by the General Prosecutor.
(4) The regulations pertaining to the Office of the Public Prosecutor shall be
determined by law.
Article 54 []
(1) 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.
(2) 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 55 []
(1) 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.
(2) Any individual suspected of having 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 having the individual placed under arrest.
(3) Any individual subject to illegal arrest or detainment is entitled to compensation.
Article 56 []
In the Republic of Hungary everyone is legally capable.
Article 57 []
(1) 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.
(2) In the Republic of Hungary no one shall be considered guilty until a court
has rendered a final legal judgment determining criminal culpability.
(3) 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.
(4) 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.
(5) 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 58 []
(1) 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.
(2) 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.
(3) 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 59 []
(1) 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.
(2) 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 60 []
(1) In the Republic of Hungary everyone has the right to freedom of thought, freedom
of conscience and freedom of religion.
(2) 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.
(3) The church and the State shall operate in separation in the Republic of Hungary.
(4) 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 61 []
(1) In the Republic of Hungary everyone has the right to freely express his opinion,
and furthermore to access and distribute information of public interest.
(2) The Republic of Hungary recognizes and respects the freedom of the press.
(3) 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.
(4) 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 62 []
(1) The Republic of Hungary recognizes the right to peaceful assembly and shall
ensure the free exercise thereof.
(2) 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 63 []
(1) 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.
(2) The establishment of armed organizations with political objectives shall not
be permitted on the basis of the right of assembly.
(3) 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 64 []
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 65 []
(1) 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.
(2) 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 66 []
(1) The Republic of Hungary shall ensure the equality of men and women in all
civil, political, economic, social and cultural rights.
(2) In the Republic of Hungary mothers shall receive support and protection before
and after the birth of the child, in accordance with separate regulations.
(3) Separate regulations shall ensure the protection of women and youth in the
workplace.
Article 67 []
(1) 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.
(2) Parents have the right to choose the form of education given to their children.
(3) Separate regulations shall establish the responsibilities of the State with
regard to the situation and protection of the family and youth.
Article 68 []
(1) 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.
(2) 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.
(3) The laws of the Republic of Hungary shall ensure representation for the national
and ethnic minorities living within the country.
(4) National and ethnic minorities shall have the right to form local and national
bodies for self-government.
(5) 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 69 []
(1) 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.
(2) Hungarian citizens may always return to Hungary from abroad.
(3) All Hungarian citizens are entitled to enjoy the protection of the Republic
of Hungary while legally residing or staying abroad.
(4) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the law on citizenship.
Article 70 []
(1) 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.
(2) 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.
(3) 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.
(4) 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 70A []
(1) 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.
(2) The law shall provide for strict punishment of discrimination on the basis
of Paragraph (1).
(3) The Republic of Hungary shall endeavor to implement equal rights for everyone
through measures that create fair opportunities for all.
Article 70B []
(1) In the Republic of Hungary everyone has the right to work and to freely choose
his job and profession.
(2) Everyone has the right to equal compensation for equal work, without any discrimination
whatsoever.
(3) All persons who work have the right to an income that corresponds to the amount
and quality of work they carry out.
(4) Everyone has the right to leisure time, to free time and to regular paid vacation.
Article 70C []
(1) Everyone has the right to establish or join organizations together with others
with the objective of protecting his economic or social interests.
(2) The right to strike may be exercised within the framework of the law regulating
such right.
(3) 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 70D []
(1) Everyone living in the territory of the Republic of Hungary has the right
to the highest possible level of physical and mental health.
(2) 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 70E []
(1) 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.
(2) The Republic of Hungary shall implement the right to social support through
the social security system and the system of social institutions.
Article 70F []
(1) The Republic of Hungary guarantees the right of education to its citizens.
(2) 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 70G []
(1) The Republic of Hungary shall respect and support the freedom of scientific
and artistic expression, the freedom to learn and to teach.
(2) Only scientists are entitled to decide in questions of scientific truth and
to determine the scientific value of research.
Article 70H []
(1) All citizens of the Republic of Hungary have the obligation to defend their
country.
(2) 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.
(3) 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 70I []
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 70J []
In the Republic of Hungary parents and guardians have the obligation to ensure
the education of their young children.
Article 70K []
Claims arising from infringement on fundamental rights, and objections to the
decisions of public authorities regarding the fulfillment of duties may be brought
before a court of law.
Article 71 [Elections]
(1) 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.
(2) 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.
(3) 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.
(4) 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 75 [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 76 [National Flag, Coat of Arms]
(1) The National Flag of the Republic of Hungary is a tricolor consisting of horizontal
red, white and green bands of even width.
(2) 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.
(3) 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.
Article 77 [Constitution]
(1) This Constitution is the supreme law of the Republic of Hungary.
(2) This Constitution and laws and statutes established in accordance with this
Constitution are equally binding for everybody of the country.
(3) {...}
Article 78 [Entering into effect]
(1) The Constitution of the Republic of Hungary shall enter into effect on the
day of its promulgation; the Government shall ensure its implementation.
(2) The Government shall propose the Bills necessary to implement this Constitution
to the Paliament.
Article 79 [Referendum on EU accession]
A peremptory national referendum shall be held concerning the accession of the
Republic of Hungary to the European Union under the conditions laid down in the
accession treaty. The date of this referendum is 12 April 2003. The question of
the referendum shall read as follows: "Do you agree that the Republic of Hungary
should become a member of the European Union?'.