Podcast
Questions and Answers
What is the term length for the Prosecutor General?
What is the term length for the Prosecutor General?
Who can initiate proceedings for the Commissioner for Fundamental Rights?
Who can initiate proceedings for the Commissioner for Fundamental Rights?
How are the Commissioner for Fundamental Rights and his or her deputies elected?
How are the Commissioner for Fundamental Rights and his or her deputies elected?
What must the Prosecutor General do annually concerning activities?
What must the Prosecutor General do annually concerning activities?
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Can the Commissioner for Fundamental Rights and deputies engage in political activities?
Can the Commissioner for Fundamental Rights and deputies engage in political activities?
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What is the role of political organizations recognized during the democratic transition?
What is the role of political organizations recognized during the democratic transition?
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What is the function of the Committee of National Memory?
What is the function of the Committee of National Memory?
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Which statement is required for holders of power under the communist dictatorship?
Which statement is required for holders of power under the communist dictatorship?
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What can happen to the pensions or benefits of leaders of the communist dictatorship?
What can happen to the pensions or benefits of leaders of the communist dictatorship?
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Which types of criminal offences committed under the communist dictatorship are not considered time-barred?
Which types of criminal offences committed under the communist dictatorship are not considered time-barred?
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What right is ensured regarding physical and mental health in Hungary?
What right is ensured regarding physical and mental health in Hungary?
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What must be done if someone causes damage to the environment in Hungary?
What must be done if someone causes damage to the environment in Hungary?
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What must the results of the Committee of National Memory's activities include?
What must the results of the Committee of National Memory's activities include?
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According to Article XXII, what is the state's role in housing?
According to Article XXII, what is the state's role in housing?
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What is the goal of reducing pensions or benefits allocated to leaders of the dictatorship?
What is the goal of reducing pensions or benefits allocated to leaders of the dictatorship?
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What limitation is placed on the disclosure of personal data related to the holders of power?
What limitation is placed on the disclosure of personal data related to the holders of power?
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Who has the right to vote in local government elections in Hungary?
Who has the right to vote in local government elections in Hungary?
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What is prohibited regarding the transport of pollutant waste into Hungary?
What is prohibited regarding the transport of pollutant waste into Hungary?
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What does a cardinal Act in Hungary provide regarding voting rights?
What does a cardinal Act in Hungary provide regarding voting rights?
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Which aspect does Hungary promote for ensuring public health?
Which aspect does Hungary promote for ensuring public health?
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What responsibility does Hungary have regarding public security, health, and cultural values?
What responsibility does Hungary have regarding public security, health, and cultural values?
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What is required for a child to be considered a Hungarian citizen by birth?
What is required for a child to be considered a Hungarian citizen by birth?
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Which of the following is true about the language status in Hungary?
Which of the following is true about the language status in Hungary?
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Which description matches the coat of arms of Hungary?
Which description matches the coat of arms of Hungary?
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What are the national holidays of Hungary based on?
What are the national holidays of Hungary based on?
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Who may not have the right to be voted for in local government elections in Hungary?
Who may not have the right to be voted for in local government elections in Hungary?
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What right does every Hungarian citizen have concerning public offices?
What right does every Hungarian citizen have concerning public offices?
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What is the official currency of Hungary?
What is the official currency of Hungary?
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What is required of authorities when making decisions regarding public affairs?
What is required of authorities when making decisions regarding public affairs?
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How does Hungary view the institution of marriage?
How does Hungary view the institution of marriage?
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What does Hungary do to protect its citizens?
What does Hungary do to protect its citizens?
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Which of the following groups is NOT mentioned as having the right to participate in referendums?
Which of the following groups is NOT mentioned as having the right to participate in referendums?
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What colors make up the flag of Hungary?
What colors make up the flag of Hungary?
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What does everyone have the right to submit concerning public power?
What does everyone have the right to submit concerning public power?
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What is NOT one of the goals of the State concerning public affairs?
What is NOT one of the goals of the State concerning public affairs?
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Who has the right to compensation for damages caused by authorities?
Who has the right to compensation for damages caused by authorities?
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What right does everyone staying lawfully in Hungary have?
What right does everyone staying lawfully in Hungary have?
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Who can submit a proposal for the adoption or amendment of the Fundamental Law?
Who can submit a proposal for the adoption or amendment of the Fundamental Law?
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What is the required voting threshold for the adoption of a new Fundamental Law or its amendment?
What is the required voting threshold for the adoption of a new Fundamental Law or its amendment?
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What happens if the President finds that procedural requirements for adopting the Fundamental Law have not been met?
What happens if the President finds that procedural requirements for adopting the Fundamental Law have not been met?
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What must the Speaker of the National Assembly do within five days of adoption?
What must the Speaker of the National Assembly do within five days of adoption?
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What information must be included in the promulgation of an amendment to the Fundamental Law?
What information must be included in the promulgation of an amendment to the Fundamental Law?
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Which of the following is NOT a form of legally binding regulation as stated?
Which of the following is NOT a form of legally binding regulation as stated?
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How is the President of the Republic involved in the promulgation process of the Fundamental Law?
How is the President of the Republic involved in the promulgation process of the Fundamental Law?
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What legal regulations can be promulgated in the official gazette?
What legal regulations can be promulgated in the official gazette?
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Study Notes
Fundamental Law of Hungary (25 April 2011)
- Consolidated version as of 1 October 2013
- God bless the Hungarians
- National Avowal: We, the members of the Hungarian Nation, at the beginning of the new millennium, with a sense of responsibility for every Hungarian, hereby proclaim the following:
National Avowal (Page 2)
- Proud of King Saint Stephen's establishment of the Hungarian State within Christian Europe 1000 years ago.
National Avowal (Page 3)
- Proud of ancestors who fought for the survival, freedom and independence of Hungary.
- Proud of the outstanding intellectual achievements of the Hungarian people.
- Proud that Hungarians defended Europe and enriched European values with talent and diligence.
- Recognize the role of Christianity in preserving nationhood and value it.
National Avowal (Page 4)
- Promise to preserve the intellectual and spiritual unity of the Hungarian nation through the storms of the last century.
- Proclaim that nationalities who live in Hungary are constituent parts of the Hungarian political community and the State.
National Avowal (Page 5)
- Commit to promoting and safeguarding Hungarian heritage, language, culture and the languages and cultures of the nationalities, and all man-made and natural assets of the Carpathian Basin.
- Bear responsibility for descendants to protect their living conditions.
- Ensure prudent use of material, intellectual, and natural resources.
National Avowal (Page 6)
- Do not recognise the 1949 communist constitution as it was the basis for tyrannical rule. Proclaim it invalid.
- Agree with the first free National Assembly's decision that current liberty was born out of the 1956 Revolution.
National Avowal (Page 7)
- Date the restoration of Hungary's self-determination from March 19, 1944,
- Date the restoration of Hungary's self-determination from May 2, 1990, when the first freely elected organ of popular representation was formed.
- Consider this date as the beginning of Hungary's new democracy and constitutional order.
National Avowal (Page 8)
- Fundamental Law to be the basis of Hungary's legal order.
- Alliance among Hungarians of the past, present, and future.
- Living framework which expresses the nation's will and the form in which Hungarians want to live.
- Citizens of Hungary are ready to found the order of the country upon the common values of the nation.
Foundation (Page 9)
- Article A: Name of the country is Hungary.
- Article B(1): Hungary is an independent, democratic rule-of-law State.
- Article B(2): The government is a Republic.
- Article B(3): The source of public power is the people.
- Article B(4): Power is exercised by the people.
Foundation (Page 10)
- Article C(1): Hungarian State functions based on the principle of division of powers.
- Article C(2): No one shall act with the aim of acquiring or exercising power by force, and/or of exclusively possessing it. Everyone has the right to resist such attempts lawfully.
- Article C(3): The State shall have the right to use coercion to enforce the law.
Foundation (Page 11)
- Article D: Hungary has responsibility for Hungarians living beyond its borders.
- Facilitate survival and development of their communities.
- Support efforts to maintain Hungarian identity and effective use of rights.
- Establish community self-governments.
- Promote cooperation amongst communities and with Hungary.
Foundation (Page 12)
- Article E(1): Hungary shall contribute to the creation of European unity.
- Article E(2): Participating in the European Union as a Member State and on the basis of an international treaty, Hungary may, to the extent necessary, exercise some of its competences set out in the Fundamental Law jointly with other Member States.
- Article E(3): The law of the European Union may lay down generally binding rules of conduct.
Foundation (Page 13)
- Article F(1): The capital of Hungary is Budapest.
- Article F(2): Hungary's territory consists of the capital, counties, cities, towns, and villages and may be divided into districts
Foundation (Page 14)
- Article G(1): Child of a Hungarian is a Hungarian citizen by birth; other cases may be specified by cardinal Act.
- Article G(2): Hungary shall protect its citizens.
- Article G(3): No one can be deprived of Hungarian citizenship established by birth or acquired lawfully.
- Article G(4): Detailed rules for citizenship outlined in cardinal Act
Foundation (Page 15)
- Article H(1): Official language of Hungary is Hungarian.
- Article H(2): Hungary shall protect the Hungarian language.
- Article H(3): Hungary shall protect the Hungarian Sign Language as part of Hungarian Culture.
Foundation (Page 16)
- Article I(1): Coat of Arms: Vertically divided shield with a pointed base, left field with 8 horizontal bars of red and silver, right field with a red background depicting 3 green hills with a golden crown on the highest hill, topped with a silver patriarchal cross and the Holy Crown.
- Article I(2): Flag of Hungary: 3 horizontal bands of red, white, and green of equal width.
Foundation (Page 17)
- Article I(3): The national anthem of Hungary is Himnusz by Kölcsey Ferenc set to music by Erkel Ferenc.
- Article I(4): Coat of Arms and flag may be used in legally established historically developed forms. Detailed rules outlined in cardinal Act.
Foundation (Page 18)
-
Article J(1): National holidays in Hungary:
- 15 March (1848-49 Revolution and War of Independence)
- 20 August (foundation of the State and King Saint Stephen)
- 23 October (1956 Revolution and War of Independence)
Foundation (Page 19)
- Article K: The official currency is the forint.
- Article L(1): Protection of the institution of marriage (a union of man and woman). Family ties based on marriage and parental relationships with children. Family is deemed fundamental.
- Article L(2): Encouragement and commitment of having children in families.
- Article L(3): Protection of families shall be ensured.
Foundation (Page 20)
- Article M(1): Economy based on creating value and freedom of enterprise.
- Article M(2): Ensures fair economic competition.
- Article M(3): Acts against any abuse of dominant position protecting consumers' rights.
Foundation (Page 21)
- Article N(1): Principle of balanced, transparent, and sustainable budget management.
- Article N(2): National Assembly and Government are primarily responsible for budget management.
- Article N(3): Constitutional Court, courts, and local governments are obliged to respect budget management.
Foundation (Page 22)
- Article O: Everyone is responsible for their own actions and obliged to contribute to state and community tasks according to abilities and possibilities..
Foundation (Page 23)
- Article P(1): Natural resources (arable land, forests, water reserves, native plant and animal species) are the common heritage and obligation of the State and all. All must protect these for future generations.
- Article P(2): The limits and conditions for acquiring and using arable land and forests for the objectives of P(1) are specified in cardinal Act (concerning organisation of agricultural production, family farms, and other agricultural holdings).
Foundation (Page 25)
- Article Q(1): Hungary strives for cooperation with all nations and peoples of the world.
Foundation (Page 26)
- Article Q(2): Hungarian Law is in conformity with international law
- Article Q(3): Hungary accepts generally recognised international law rules and other sources of international law becomes part of Hungary's legal system by legal regulations.
Foundation (Page 27)
- Article R(1): Fundamental Law is the foundation of the Legal system of Hungary.
- Article R(2): Binding on everyone.
- Article R(3): Provision interpreted in accordance with purposes in the National Avowal and historical Constitution.
Foundation (Page 27)
- Article S(1): Proposal for adoptoin or amendment of the Fundamental Law, submitted by various bodies
- Article S(2): Two-thirds of National Assemby votes required.
Foundation (Page 28)
- Article S(3): Speaker signs and sends to President of Republic. President signs and orders promulgation. Act returned to National Assembly if the Constitutional Court rules on a conflict with Fundamental Law.
Foundation (Page 28)
- If the President of the Republic rules that any procedural requirement is not met in any Act, the Constitutional Court examines the issue.
Foundation (Page 29)
- If the examination is in favor of the President of the Republic, the Act is immediately signed and promulgated. Designation of amendment shall include title, serial number and promulgation date.
Foundation (Page 33)
- Article T(1): Generually binding rules of conduct.
- Article T(2): Legal Regulations- Acts, government decrees, prime ministerial decrees, ministerial decrees, decrees of National Bank Governor, decrees of heads of autonomous regulatory bodies, and local government decrees.
- Article T(3): No legal regulation can conflict with Fundamental Law.
Foundation (Page 34)
- Cardinal Acts require votes of two-thirds present. (A Cardinal Act is an Act that is adopted with at least 2/3 majority.)
Foundation (Page 38)
- Hungarian Socialist Workers’ Party and legal predecessors are criminally responsible without statue of limitations.
Foundation (Page 39)
-
Historical Offences with Criminal Responsibility:
- Maintaining and directing an oppressive regime, violating the law, and betraying the nation.
- Thwarting democratic attempt built on a multi-party system.
- Establishing a legal order built on exclusive exercise of power and unlawfulness.
- Putting an end to an economy based on freedom of property and indebting the country.
- Submitting Hungary resources to foreign interests.
- Systematically devastating the traditional values of European civilisation.
- Depriving citizens and specific groups of fundamental human rights, including murder, delivering people to foreign powers, imprisoning people, deporting to forced labor camps, torturing, subjecting to inhuman treatment, depriving of assets, restricting rights to property.
- Depriving citizens of liberties, expressing political opinion to coercion, discriminating against people, impeding advancement, success based on knowledge, diligence and talent.
- Setting up and operating a secret police to observe and influence people's private lives.
- Suppressing Revolution and War of Independence 1956, a reign of terror and retaliation, and forced flight of 200,000 Hungarian people.
- Criminal offences for political motives left unprosecuted.
- Political organizations succeeding Hungarian Socialist Workers Party are responsible for previous unlawfully accumulated assets
Foundation (Page 48)
- Committee of National Memory established to preserve the memory of the Communist Dictatorship.
- The Committee will reveal operations of the dictatorship in terms of power and roles held, and report their activities.
Foundation (Page 50)
- The holders of power are obliged to tolerate facts about roles and acts related to the dictatorship; personal data may be disclosed.
Foundation (Page 51)
- State pensions or other benefits for leaders are reducible, with ensuing revenues used to mitigate injuries and preserve victim's memory.
Foundation (Page 52)
- Serious criminal offences committed against Hungary and individuals under communism, left unprosecuted, are not time-barred.
Foundation (Page 53)
- Criminal offences referred to in paragraph 6 become time barred after the period determined in Act criminal law in force at the time of commission - calculated as of the day Fundamental Law enters into force, and become time barred by May 1, 1990.
Foundation (Page 54)
- Criminal offences will be time barred between the date of commission and May 1, 1990, calculated as of Fundamental Law entering into force.
Foundation (Page 55)
- No legal regulation establishes new compensation grounds for individuals unlawfully deprived of life/freedom for political reasons, suffered undue property damage before May 2, 1990
Foundation (Page 56)
- Documents from the communist state party will be deposited in public archives.
Foundation (Page 57)
-
Freedom and Responsibility:
- Inviolable and inalienable fundamental rights of man must be respected.
- Primary obligation for the State protecting these rights.
- Hungary has the fundamental individual and collective rights of man
Foundation (Page 58)
- Rules for fundamental rights and obligations are laid down in Act.
- Restrictions allowable to protect another fundamental right or constitutional value, subject to being necessary, proportionate, and respect the essential content of fundamental right.
Foundation (Page 59)
- Fundamental rights and obligations which apply to man also apply to legal entities.
Foundation (Page 60)
- Human dignity is inviolable and every human being has right to life and dignity. Life of the fetus protected from moment of conception.
Foundation (Page 61)
- No torture, degrading treatment, punishment or servitude permitted. Trafficking in human beings prohibited.
Foundation (Page 62)
- Medical or scientific experimentation on human beings only permitted with their informed and voluntary consent.
Foundation (Page 63)
- Eugenics, use of human body or its parts for financial gain, and human cloning are prohibited.
Foundation (Page 64)
- Article IV (1): Everyone has right to liberty and security of person
- Article IV (2): No one can be deprived of liberty except for reasons outlined in Act. Life imprisonment without parole only applicable for intentional criminal offenses.
Foundation (Page 65)
- Anyone suspected of a criminal offense is to be released or brought before a court promptly.
- Court is obliged to issue a decision with written reasoning, releasing or arresting the person.
Foundation (Page 66)
- Everyone whose liberty has been restricted without reason or unlawfully has the right to compensation
Foundation (Page 67)
- Everyone has the right to repel unlawful attacks on person or property (as provided for in Act) or a direct treat to the same.
Foundation (Page 68)
- Everyone's private and family life, home communication and good reputation shall be respected.
Foundation (Page 68)
- Article VI (2): Everyone has the right to protection of personal data, and access and disseminate data of public interest.
Foundation (Page 70)
- The application of data and public interest shall be supervised by an independent authority established by an act.
Foundation (Page 71)
- Article VIII (1): Freedom of thought, conscience, and religion.
- Freedom to choose or change religion or belief, freedom for manifestation, practice or teaching of religion or other belief through any religious act, rite or otherwise, either individually or jointly.
- Freedom of exercising belief or religion in public or private life.
Foundation (Page 72)
- Article VIII (2): Communities of faith may establish religious communities.
- Religious communities operating in an organisational form specified in cardinal Act.
Foundation (Page 73)
- Article VIII (3): State and communities operate separately. Communities are autonomous.
Foundation (Page 74)
- Article VIII (4): State and communities may cooperate to achieve common goals. This cooperation is decided on by National Assembly.
- Established churches will be privileged in their participation from the State.
Foundation (Page 75)
- Common rules regarding communities, conditions of cooperation and roles of established churches in cardinal Act.
Foundation (Page 76)
- Article VIII (1): Right to peaceful assembly.
- Article VIII (2): Right to establish and join organisations.
- Article VIII (3): Political parties may be formed and operate, participate in the formation and expression of the people's will.
- Political parties may not exercise public power directly.
Foundation (Page 77)
- Detailed rules for operation and management of such political parties laid down in cardinal Act.
- Trade unions and other interest organizations can be formed and operate freely on the basis of association
Foundation (Page 78)
- Article IX (1): Everyone has the right to freedom of speech.
- Article IX (2): Hungary protects the diversity and freedom of press and ensures conditions for free dissemination of information needed for democratic public opinion.
Foundation (Page 79)
- During the electoral campaign, political advertisements can be published in free media. Conditions guaranteeing equal opportunity are outlined in cardinal Act.
Foundation (Page 80)
- Freedom of speech may not be used to violate human dignity of others.
- Freedom of speech may not violate dignity of Hungarian nation or any other national, ethnic, or community. The said Communities have the right to enforce claims in court which violate their claims.
Foundation (Page 81)
- Detailed rules regarding freedom of press and the organ supervising media services.
Foundation (Page 82)
- Article X (1): Freedom of scientific and artistic creation. Freedom of learning and knowledge acquired to the highest possible level. Free of teaching, however, is laid down by Act.
Foundation (Page 83)
- Article X (2): The State cannot decide on questions of scientific truth.
Foundation (Page 84)
- Article X (3): Hungary protects scientific and artistic freedom of the Hungarian Academy of Sciences and the Hungarian Academy of Arts.
- Higher education institutions have autonomy regarding content and research methods.
- Organization regulated by Act.
Foundation (Page 85)
- Government lays down rules governing the management of higher education institutions.
- Government supervises their management.
Foundation (Page 86)
- Article XI (1): Every Hungarian citizen has right to education.
- Article XI (2): Extending and generalizing public education with free and compulsory primary education, secondary education and higher education accessible based on abilities.
Foundation (Page 87)
- Financial support for education.
Foundation (Page 88)
- Article XII (1): Everyone has right to freely choose their work, and engage in entrepreneurial activities.
- Article XII (2): Hungary strives to create conditions ensuring everyone who is able and willing to work has the opportunity to do so.
Foundation (Page 90)
- Article XIII (1): Right to property and inheritance.
- Article XIII (2): Property may only be expropriated in public interest, cases provided for by Act, and subject to full, unconditional compensation.
Foundation (Page 91)
- Article XIV (1): Hungarian citizens shall not be expelled from Hungary and may return at any time.
- Article XIV (2): Foreigners staying in Hungary may be expelled, under lawful decision.
Foundation (Page 92)
- No one shall be expelled to a state where they are in danger of being sentenced to death, tortured, or suffering inhuman treatment or punishment.
Foundation (Page 93)
- Hungary, upon request, grants asylum to non-Hungarian citizens fleeing persecution or having a well founded fear of persecution.
Foundation (Page 94)
- Article XV (1): Everyone equal before the law. Everyone has legal capacity
- Article XV (2): Hungary guarantees fundamental rights to everyone without discrimination.
Foundation (Page 95)
- Article XV (3): Women and men have equal rights.
- Article XV (4): Hungary promotes equality through equal opportunity and social inclusion.
- Article XV (5): Hungary protects families, children, women, the elderly, and people with disabilities
Foundation (Page 96)
- Article XVI (1): Every child has the right to necessary protection and care for their physical, mental, and moral development.
- Article XVI (2): Parents have right to choose the upbringing of their children.
- Article XVI (3): Parents are obliged to take care of minor children, including obligations related to schooling.
- Article XVI (4): Adult children have obligations to care for their parents.
Foundation (Page 97)
- Article XVII (1): Employees and employers shall cooperate to ensure jobs and national economy sustainability and other community goals.
Foundation (Page 98)
- Article XVII (2): Right of Employees, employers and organizations to negotiate and conclude collective agreements.
- Article XVII (3): Employees shall have working conditions respecting health, safety, and dignity.
- Article XVII (4): Employees have right to daily/weekly rest periods and an annual paid leave period.
Foundation (Page 100)
- Article XVIII (1): Employment of children prohibited, except for cases specified in Act with no risk to their development.
- Article XVIII (2): Young people and parents are protected by Act.
Foundation (Page 101)
-
Article XIX (1): Hungary strives to provide social security to all citizens.
-
Article XIX (2): Every citizen is entitled to assistance (maternity, illness, disability, handicap, widowhood, orphanhood, unemployment outside of control)
-
Article XIX (3): Social measures may be determined by Act corresponding with useful activity to the community.
Foundation (Page 102)
- Hungary implements social security for those in paragraph 1 and other people (in need) through institutions and measures
Foundation (Page 103)
- Nature and extent of social measures determined in Act corresponding to the useful activity of the beneficiary.
Foundation (Page 104)
- Hungary contributes to ensuring livelihood for the elderly based on social solidarity and voluntarily established social institutions.
- Act determines conditions of state pension entitlement.
Foundation (Page 105)
- Article XX (1): Everyone's right to physical and mental health exists.
- Article XX (2): Hungary actively promotes the right to health, including access to healthy food, water, and healthcare access.
- Article XX (3): Hungary's support of sports and physical exercise
Foundation (Page 106)
- Article XXI (1): Everyone has right to a healthy environment.
- Article XXI (2): People causing damage to the environment are obliged to restore it.
- Article XXI (3): Transport of pollutant waste into territory of Hungary is prohibited.
Foundation (Page 107)
- Article XXII (1): Hungary shall strive to ensure decent housing conditions and public services.
- Article XXII (2): State and Local governments also contribute to decent housing, and seeks accommodation.
- Article XXII (3): Acts or decrees to protect public order, security, and values, in relation to parts of public space. This would prevent space being used as habitual dwellings.
Foundation (Page 109)
- Article XXIII (1): Adults have the right to vote and be voted for in elections. This includes - National Assembly members, local representatives, mayors, and European Parliament members.
Foundation (Page 110)
- Every adult citizen of other European Union countries residing in Hungary - has right to vote and be voted for in elections regarding members of local government representatives and mayors, and members of the European parliament.
Foundation (Page 111)
- Refugees, immigrants, and recognized residents in Hungary can vote in local government representative and mayor elections
Foundation (Page 112)
- A cardinal Act may regulate right to vote and be voted for, and can restrict it based on residence and eligibility.
Foundation (Page 113)
- Voters may exercise their right to vote at place of residence or registered place of stay.
Foundation (Page 114)
- People stripped of voting rights through court decisions - cannot vote/be voted for.
- Cannot if excluded in another country due to legal regulations, court decision or authorities of citizenship.
Foundation (Page 115)
- National referendums for National Assembly members who have the right to vote - also applies to local government and mayors.
Foundation (Page 116)
- Everyone is allowed to hold public office based on aptitude and/or professional competence.
Foundation (Page 117)
- Article XXIV (1): Everyone has the right to have affairs dealt impartially, fairly, and within a reasonable time by authorities.
- Article XXIV (2): Everyone may demand compensation for unlawfully damaged matters performed by authorities in the performance of duties (as outlined in Act).
Foundation (Page 118)
- Article XXV: Everyone has the right to submit applications, complaints, and propositions to any organ exercising public power.
Foundation (Page 119)
- Article XXVI: The State shall use science and technology to make its operation efficient, raise the standard of public services, improve the transparency of public affairs, and promote equality in opportunity.
Foundation (Page 120)
- Article XXVII (1): Everyone staying lawfully in Hungary's territory shall have the right to freely move and choose their place of stay.
- Article XXVII (2): Every Hungarian citizen shall have the right to protection while abroad.
Foundation (Page 121)
- Article XXVIII (1): Everyone has right to have any charge against them or their rights and obligations, adjudicated within a reasonable time.
- Article XXVIII (2): No one guilty until their responsibility has been established by a court.
- Article XXVIII (3): Those facing criminal proceedings have right to defense at all stages along with the right to legal counsel.
- Article XXVIII (4): No one can be punished for an act of which constitutes a criminal offense at the time of commission.
Foundation (Page 124)
- Exceptions to prosecution or conviction of a crime apply only in extraordinary cases of legal remedy established by Act, where a person has already been acquitted or convicted for the crime by an act within the scope of an international treaty, a legal act of the EU, or another state.
Foundation (Page 125)
- Legal remedy may be sought against any court, authority, or administrative decision violating person's rights or legitimate interest.
Foundation (Page 128)
- Article XXIX (1): Nationalities residing in Hungary are a constituent part of the state, and every Hungarian citizen belonging to that nationality has right to express and preserve their identity.
- Article XXIX (2): Nationalities have the right to establish their self-governments at both local and national levels.
Foundation (Page 130)
- Article XXX (1): Everyone contributes to covering common needs based on their ability.
- Article XXX (2): Person raising children will have contribution based on cost consideration of raising children.
Foundation (Page 131)
- Article XXXI (1): Every Hungarian citizen is obliged to defend country.
- Article XXXI (2): Hungary maintains volunteer reserve system for national defence.
- Article XXXI (3): During national crisis or preventive defense, adult male Hungarians with residence in Hungary are required to perform military service.
- Article XXXI (4): A cardinal act that authorizes national work during state of crisis.
- Article XXXI (5): Provides civil protection obligations to adult Hungarians during the national crisis.
Foundation (Page 137)
- Article 1 (1): National Assembly is the supreme body of representation in Hungary.
Foundation (Page 138)
- Article 2 (a): They adopt and amend Fundamental Law.
- Article 2 (b): Adopt acts
- Article 2 (c): Adopt the central budget and approve its implementation.
- Article 2 (d): Authorize expression of consent to international treaties.
- Article 2 (e): Elect President, members of Constitutional Court, President of Curia, President of National Office for Judiciary, Prosecutor General and the General Prosecutor.
Foundation (Page 140)
- Article 2 (f): Elect Prime Minister and determine matters related to government confidence.
- Article 2 (g): Dissolve rep bodies in conflict with Fundamental Law
- Article 2 (h): Declare state of war
- Article 2 (i): Take decisions regarding special legal order and military actions
- Article 2 (j): Grant general pardons
- Article 2 (k): Exercise functions/powers laid down by Fundamental Law or act.
Foundation (Page 142-143)
- Article 2 (1): Universal/equal suffrage for National Assembly Members.
- Assembly Members are elected by secret ballot with free expression of will.
- Cardinal Act lays out manner of election
- Nationalities living in Hungary participate in the work of the National Assembly as regulated by Act.
- General elections for Assembly members are held in April/May of 4th year following previous election - except due to Assembly dissolving itself
- Constitutive sitting of National Assembly convened by President of the Republic within 30 days of election
Foundation (Page 146)
- The National Assembly may declare its own dissolution.
The President of the Republic, contemporaneously setting a date for new election, may dissolve the Assembly if: the Assembly fails to elect the proposed Prime Minister within 40 days after the first proposal, or the Assembly fails to approve budget by March 31.
Foundation (Page 148)
- Before dissolving the Assembly, the President must seek the opinion from Prime Minister, the Speaker, and parliamentary group leaders.
Foundation (Page 150)
- Article 4(1): National Assembly members have equal rights and obligations, acting in the public interest.
- Article 4(2): Assembly members have individual immunity and remuneration ensuring their independence, with a cardinal Act specifying offices incompatible with membership and conflict of interest cases.
Foundation (Page 152)
- Article 4(3): A member's mandate terminates during/after the Assembly's mandate, upon their death, conflict of interest declaration, resignation, or if conditions that required their election no longer exist or if they were absent from work for a year.
Foundation (Page 159)
- National Assembly has a quorum of more than half of the members present.
Foundation (Page 161-162)
-
Article 5 (1): National Assembly sittings are public unless otherwise determined.
- Assembly can decide by 2/3 to create in-camera sittings at request of Government or member.
- Article 5 (2): Assembly will elect the Speaker, Deputy Speakers, and parliamentary notaries from their members.
- Article 5 (3): Assembly will establish standing committees of members.
- Article 5 (4): Members can form parliamentary groups
Foundation (Page 165)
- Article 6 (1): Acts are initiated by President, Government, Parliamentary Committee, or National Assembly Member.
Foundation (Page 167-170)
- Article 6 (2): National Assembly can refer acts to Constitutional Court for confirmation and conformity with Fundemental Law, if desired and/or requested.
- Article 6 (3): Speaker signs the Act, passes it to the President who signs and promulgates the Act.
- Article 6 (4): If conflict exists, President sends back to Assembly for reconsideration.
- Article 6 (5): If no disagreement with Fundamental Law, President signs and promulgates Act.
- Article 6 (6): Constitutional Court decides on motion, within 30 days.
- If Constitutional Court rules in favor of Fundamental Law, National Assembly debates the Act again.
- If Constitutional Court rules there is no conflict, President signs the act and sends for promulgation.
Foundation (Page 178)
- Article 7(1): National Assembly members can address queries to the Commissioner for Fundamental Rights + President of the State Audit Office + Prosecutor General + Gov of National Bank of Hungary.
Foundation (Page 179)
- Article 7(2): National Assembly members can address interpellations or questions to the Government or its members.
Foundation (Page 180)
- Article 7(3): Activities and obligations of parliamentary committees regulated by Act.
Foundation (Page 181)
- Article 8 (1): National Assembly can order a national referendum at the request of 200,000 voters or of the President.
Foundation (Page 182)
- Decisions on a valid referendum are binding on the National Assembly
Foundation (Page 183)
- National Referendums may be held for any matter falling within the National Assembly's functions/powers
Foundation (Page 184)
- National Referendums cannot be held on: Amendment to Fundamental Law, contents of acts on national budget, central taxes, duties, contributions, customs duties, central conditions for local taxes.
Foundation (Page 185)
- National Referendums cannot be held on: Elections of National Assembly Members, Local Government Representatives, Mayors, or members of the European Parliament, obligations arising from International treaties, personal matters, and establishment of organizations within the National Assembly’s competence.
Foundation (Page 185)
- National Referendums cannot be held on: Dissolution of National Assembly; a state of war or national crisis; the declaration or extension of a state of preventive defense; participation in military ops.; grant of general pardons.
Foundation (Page 188)
- Article 8 (4): Referendums require majority of valid votes cast and majority of those voting validly to choose same answer
Foundation (Page 190)
- Article 9 (1): Head of State of Hungary is President of the Republic, embodying national unity and safeguarding democratic functioning of the organization..
Foundation (Page 191)
- Article 9 (2): President of Republic – Commander-in-Chief of Hungarian Defense Forces
Foundation (Page 192)
- Article 9 (3): President represents Hungary; attends and addresses National Assembly; initiates acts; initiates national referendums; and sets dates for National Assembly member elections, local representatives/mayors, European Parliament, and National referendums..
Foundation (Page 194)
- Article 9 (h) + Article 9 (i): President can dissolve the National Assembly or send acts/amendments to the Constitutional Court for examination of conformity. They can also send acts/amendments to National Assembly for reconsideration.
Foundation (Page 196)
- Article 9 (j): Proposes persons for positions of Minister (prime), Curia, National Office for Judiciary, Prosecutor General, and Commissioner for Fundamental Rights.
Foundation (Page 197)
- 9(k): President of the Budget Council appointed, professional judges appointed
- 9(l): Confirmation of Hungarian Academy of Sciences President and Hungarian Academy of Arts President
Foundation (Page 198)
- Article 9 (m): Organisation of President's office established
Foundation (Page 199)
- Article 9(4) (a): National Assembly must authorize the expression of presidential consent to international treaties
Foundation (Page 200)
- Article 9 (b): Accredits and receives ambassadors, envoys
- Article 9 (c): Appoints Ministers + Governor/Deputy Governors of the National Bank of Hungary, heads of Autonomous Regulatory organs and university professors
- Article 9 (d) + Article 9 (e): Assigns/appoints university professors and generals. Awards, titles, and decorations outlined by act, foreign state decorations allowed
Foundation (Page 202)
- Article 9 (g) + Article 9 (h): Exercise right of granting individual pardons, decision making on matters of territorial organization
Foundation (Page 204)
- **Article 9 (5
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Test your knowledge on the roles and terms of the Prosecutor General and the Commissioner for Fundamental Rights. This quiz covers key aspects of their election processes, term lengths, and restrictions on political activities. Gain a deeper understanding of these essential positions within the legal framework.