{ Adopted: 20 Aug 1949 / Status: Act LIX of 1997 }
{ Official Title: "The Constitution of the Republic of Hungary" }
{ The Constitution was established by Act XX of 1949. }
{ Consolidated with all Amendments up to and Including Act LIX of 1997 on the Amendment of the
Constitution of the Republic of Hungary. }
{ ICL-Edition: Inofficial Translation / No Internal Cross-References }
[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 1 [Republic]
The State of Hungary is a republic.
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 social organization, government body, or
individual citizen 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 3 [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 [State Goals]
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.
Article 7 [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 [Fundamental 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 70/E.
Article 9 [Economy, Public and Private Property, Economic Neutrality]
(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 [Autonomous State Organizations]
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, Compensation]
(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 14 [Inheritance]
The Constitution guarantees the right of inheritance.
Article 15 [Family, Marriage]
The Republic of Hungary shall protect the institutions of
marriage and the family.
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 []
(1) The Parliament
(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
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 the lives and property of citizens on a mass
scale, and in the event of natural or industrial disaster;
j) decide on the use of the armed forces, both abroad and within
the country;
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 is required for the decisions specified in points g),
h), i) and j) of Paragraph (3).
(5) The Parliament shall have the right to call a national
referendum. A majority of two-thirds of the votes of the
Members of Parliament present is required to pass the law on
national referenda.
Article 19A []
(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 []
(1) During a state of national crisis the National Defense
Council shall decide on the use of the armed forces abroad and
within the country, and 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 Commanding Officer and the Chief of Staff of the
Hungarian Army.
(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 []
(1) Should the Parliament be obstructed upon declaration of a
state of emergency, the President of the Republic shall decide
on the use of the armed forces.
(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 []
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 []
(1) In the event that the territory of Hungary is subject to
unexpected attack by foreign armed units, immediate measures
shall be taken to repel such attack and defend the territorial
integrity of the country with the stand-by air and air defense
forces of the Hungarian Army, in accordance with the defense
plan approved by the Government and the President of the
Republic and with forces commensurate to the gravity of the
attack and equipped for such a role, up to the declaration of a
state of emergency or state of national crisis, in the interests of
ensuring constitutional order and the security of the lives and
property of citizens, as well as the protection of 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 []
(1) The Parliament is elected for a term of four years.
(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 []
(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 []
(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 []
(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, Majority, Procedural Rules]
(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) A majority of four-fifths of the votes of the Members of
Parliament is required to pass the Parliamentary resolution
specifying the detailed regulations for the preparation of the
new Constitution.
Article 25 [Legislation]
(1) Legislation
(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 []
(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 []
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 []
(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 expiration of the previous Parliament's
mandate, declaration of the Parliament's dissolution or the
Parliament having been dissolved. The Parliament shall
continue to operate until the inaugural sitting of the new
Parliament.
Article 28A []
(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 []
(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 []
(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 referendum shall be considered successful if
more than half of the voting citizens casting valid votes, but at
least more than one-quarter of all voting citizens gave the same
answer for the subject.
Article 28D []
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 29 []
(1) Hungary's Head of State
(2) The President of the Republic is the Commander in Chief of
the armed forces.
Article 29A []
(1) The Parliament shall elect the President of the Republic for
a term of five years.
(2) Any enfranchised citizen who has reached the age of thirty-
five prior to the date of 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 []
(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 []
(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 []
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 []
(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 []
(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 []
(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 or local government
elections, and the date of the national referendum;
e) have the right to participate 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 []
(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 []
(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 []
(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 []
(1) The Constitutional Court
(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 []
(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 []
(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 []
(1) The National Bank of Hungary is responsible for issuing
legal tender, maintaining the stable value of the national
currency and regulating the circulation of money, in such
manner as specified by a separate law.
(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 []
(1) The Government
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 []
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 39/A.
Article 33B []
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 34 []
The list of Ministries of the Republic of Hungary shall be
contained in a separate law.
Article 35 []
(1) The Government shall -
a) defend constitutional order, and defend and ensure the rights
of the citizens;
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 the lives and
property of citizens (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 []
In the course of fulfilling its responsibilities, the Government
shall co-operate with the relevant social organizations.
Article 37 []
(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 38 []
{ Abolished }
Article 39 []
(1) The Government is responsible to the Parliament for its
operation and is required to present 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 []
(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 []
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 []
(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 has been appointed.
Article 40 []
(1) The Government has the right to form committees for
specific responsibilities.
(2) The Government may take measures in any matters
pertaining to the field of public administration either directly or
through one of its Members.
(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 []
(1) The fundamental duty 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 []
(1) With the exception of military maneuvers based on valid
international treaties and peace-keeping missions under the aegis
of the United Nations, the armed forces may only cross the
country's borders with the prior consent of the Parliament.
(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 the lives and property of citizens 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 and other separate
laws, only the 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 valid international treaties.
(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 []
(1) Unless otherwise provided by valid international treaties,
foreign armed forces may not pass through, be used or be
stationed in the territory of the Republic of Hungary without the
prior consent of the Parliament.
(2) International treaties which affect matters of national defense
must be confirmed by national law and publicly proclaimed.
Article 41 []
(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 []
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 []
(1) The fundamental rights of all local governments (see Article
44/A.) 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 []
(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, members of local
representative bodies are elected for a term of four years.
(3) The mandate of the representative body shall extend to the
inaugural session of the newly elected representative body; the
mandate of the Mayor shall extend to 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 []
(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 []
(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 []
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 []
(1) In the Republic of Hungary justice is administered by the
Supreme Court of the Republic of Hungary, the boards of
justice, 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 []
(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 []
(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 []
(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 49 []
{ Abolished }
Article 50 []
(1) The courts of the Republic of Hungary shall protect and
uphold constitutional order, as well as the rights and lawful
interests of citizens, 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
(4) Administration of the courts shall be exercised by the
National Judiciary Council; 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 []
(1) The General Prosecutor and the Office of the Public
Prosecutor of the Republic of Hungary ensure the protection of
the rights of the citizens, 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
all social organizations, government bodies and citizens 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 []
(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 []
(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 [Life, Dignity, Corporal Integrity]
(1) In the Republic of Hungary everyone has the inherent right
to life and to human dignity
(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 [Liberty, Security, Arrest]
(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 [Legal Capacity]
In the Republic of Hungary everyone is legally capable.
Article 57 [Equality, Fair Trial, Criminal Justice]
(1) In the Republic of Hungary everyone is equal
(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 [Movement]
(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 [Honor, Privacy]
(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 [Belief]
(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 [Expression]
(1) In the Republic of Hungary everyone has the right to freely
express
(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 [Assembly]
(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 [Association]
(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 [Appeal]
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 [Asylum]
(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 [Gender Equality, Mothers]
(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 [Children]
(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 [Minorities]
(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 [Citzenship]
(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 [Electoral Rights]
(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
(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 [No Discrimination]
(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 [Work]
(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 [Unions, Strik]
(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 [Health, Safety]
(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 [Welfare]
(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 [Education]
(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 [Arts, Academia, Teaching, Science]
(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 [Defence, Military Service]
(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 [Taxation]
All citizens of the Republic of Hungary have the obligation to
contribute to public revenues on the basis of their income and
wealth.
Article 70J [Custody]
In the Republic of Hungary parents and guardians have the
obligation to ensure the education of their young children.
Article 70K [Legal Remedies]
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 []
(1) Members of Parliament, members of representative bodies
of local
(2) The members of the local government representative body
of counties shall elect the President of the representative body
by direct, secret ballot.
(3) Separate laws shall establish provisions for the election of
Members of Parliament, members of representative bodies of
local governments and Mayors. A majority of two-thirds of the
votes of the Members of Parliament present is required to pass
such laws.
Article 72 []
{ Abolished }
Article 73 []
{ Abolished }
Article 74 []
The Capital of the Republic of Hungary is Budapest.
Article 75 []
The national anthem of the Republic of Hungary is the poem
"Himnusz" by Ferenc K”lcsey, set to the music of Ferenc
Erkel.
Article 76 []
(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 []
(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 all
social organizations, government bodies and citizens of the
country.
(3)
Article 78 []
(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 Parliament.