Hungarian Constitutional Rights Quiz

Fundamental Law of Hungary (25 April 2011)

• Consolidated version as of 1 October 2013
• Proclaimed by the Hungarian Nation at the beginning of the millennium, with a sense of responsibility for every Hungarian

National Avowal

• Proud that King Saint Stephen built the Hungarian State on solid Christian Europe ground 1000 years ago
• Proud of forebearers who fought for the survival, freedom, and independence of the country
• Proud of the outstanding intellectual achievements of the Hungarian people
• Proud that Hungarians defended Europe's common values with talent and diligence
• Recognize the role of Christianity in preserving nationhood; value the same
• Promise to preserve the intellectual and spiritual unity of the nation, torn apart in the last century
• Proclaim that nationalities living with them are constituent parts of the Hungarian political community and the state
• Committed to promoting and safeguarding Hungarian heritage, language, culture, and the languages and cultures of nationalities living in Hungary
• Committed to safeguarding and protecting all man-made and natural assets in the Carpathian Basin
• Bear responsibility for the descendants; protect their living conditions; and making prudent use of material, intellectual, and natural resources
• Do not recognize the communist constitution of 1949, because it was the basis for tyrannical rule; proclaim it invalid
• Agree with the members of the first free National Assembly, who proclaimed their current liberty as born in the 1956 Revolution
• Date the restoration of self-determination from 19th March 1944 to 2nd May 1990
• Conclude that this date marks the beginning of new democracy and constitutional order
• Fundamental Law to be the basis of legal order, an alliance among Hungarians of the past, present, and future
• Fundamental Law to express the nation's will and the form in which they want to live

Foundation

• Article A: Name of country is Hungary
• Article B: Independent, democratic rule-of-law State; republic
• Source of public power: The people
• Power exercised by: The people
• Article C: Functioning of the Hungarian State based on the principle of division of powers
• No one acts with the aim of acquiring/exercising power by force
• Everyone has the right and the obligation to resist such attempts in a lawful way
• Article D: One single Hungarian nation bearing responsibility for the fate of Hungarians living beyond borders
• Support survival and development of their communities: Support preservation of their identity
• Support and maintain individual and collective rights
• Establishment of community self-governments and their prosperity in their native lands: Promote cooperation with each other and Hungary
• Article E: (1) Hungary contributes to European unity for liberty, well-being, and security of Europeans
• (2) Participating in the European Union allows Hungary to utilize certain fundamental law-related competences in conjunction with the member states through European Union institutions.
• (3) European Union law may lay down binding rules of conduct

Article F

• Capital of Hungary shall be Budapest
• Territory of Hungary consists of the capital, counties, cities, towns, and villages; capital and cities/towns may be divided into districts
• Article G: Children of Hungarian citizens are Hungarian citizens by birth; Cardinal Act to specify other cases of origin/acquisition of Hungarian citizenship
• Hungary protects its citizens
• No one deprived of Hungarian citizenship established by birth or acquired in a lawful manner
• Cardinal act to define detailed rules for citizenship

Article H

• Official language in Hungary shall be Hungarian
• Hungary protects the Hungarian language
• Hungary protects the Hungarian Sign Language as part of Hungarian culture

Article I

• Coat of arms: Vertically divided shield with pointed base; left field with 8 horizontal bars of red and silver
• Right field with a red background depicting a base of three green hills, a golden crown atop the higher central hill, and a silver patriarchal cross on top of the higher hill
• Holy Crown rests on top of the shield
• Flag of Hungary: Three horizontal bands of red, white, and green, all of equal width

Article J

National holidays:

• March 15th (1848-49 Revolution and War of Independence)
• August 20th (Foundation of the State and King Saint Stephen)
• October 23rd (1956 Revolution and War of Independence)

Article K

• Official currency of Hungary is the Forint

Article L

• Hungary protects the institution of marriage between a man and a woman
• Family as the basis of survival of the nation
• Family ties based on marriage and/or the relationship between parents and children
• Encourages the commitment to families/children; protection of families

Article M

• The economy of Hungary based on work, which creates values, and on the freedom of enterprise
• Ensures the conditions for fair economic competition
• Acts against abuse of dominant positions; protects the rights of consumers

Article N

• Hungary observes the principle of balanced, transparent, and sustainable budget management
• National Assembly and the Government have primary responsibility

Article O

• Everyone is responsible for him/herself; contribute to state and community tasks according to abilities and possibilities

Article P

• Natural resources (land, forests, water reserves), native plant/animal species, and cultural assets, are the common heritage of the nation
• State and everyone has an obligation to protect them for future generations
• Limits and conditions for acquisition and use of arable land and forests laid down in a Cardinal Act

Article Q

• Hungary strives for cooperation with all people and countries of the world to create and maintain peace and security and achieve humanity’s sustainable development.

Article R

• Fundamental Law is the foundation of the legal system of Hungary
• Fundamental Law and legal regulations binding on everyone
• Provisions of Fundamental Law should be interpreted in accordance with their purposes

Article S

• A proposal for adoption or amendment of Fundamental Law can be submitted by
  • President of the Republic
  • Government
  • Parliamentary committee
  • Member of the National Assembly
• For adoption or amendment, two-thirds of the Members of the National Assembly must vote in favor
• Speaker of the National Assembly signs Fundamental Law/amendment, sends it to President within five days
• President of the Republic signs within five days of receiving and orders promulgation in official gazette

Article T

Generally binding rules of conduct may be laid down

• Fundamental Law
• Legal regulations adopted by an organ with legislative competence specified in Fundamental Law
• A cardinal Act defines rules for local government decrees

Article U

The form of government based on the rule of law and will of the nation through the 1990 elections and the previous communist dictatorship incompatible

The Hungarian Socialist Workers' Party (and its legal predecessors)

(and other political organizations established to serve them in the spirit of communist ideology) were criminal organizations. Those involved shall have responsibility without time limit for:

• Maintaining and directing an oppressive regime; violating laws; betraying the nation
• Thwarting democratic attempts built on a multi-party system, with Soviet military assistance
• Establishing legal order based on exclusive exercise of powers and unlawfulness
• Ending economy based on freedom of property and indebting the country
• Submitting Hungary’s economy, national defence, diplomacy, and human resources to foreign interests
• Systematically devastating traditional values of European civilization
• Depriving citizens or groups of citizens of fundamental human rights
• Serious acts like murder or delivering people to foreign power, unlawful imprisonment, deporting to forced labor camps, torturing
• Depriving citizens of assets; restricting the rights to property
• Totally depriving citizens of liberties; submitting political opinions and will to coercion; discrimination based on origin, world view, or political belief; impeding advancement/success due to knowledge, diligence, and talent
• Setting up and operating a secret police; observing and influencing private lives
• Suppressing the Revolution and War of Independence in 1956

Article VIII

• Right to peaceful assembly
• Right to establish and join organizations
• Formation of and freedom to operate political parties based on association rights
• Political parties participate in forming and expressing people's will
• Political parties cannot directly exercise public power
• Rules of operation and management of political parties are laid down in a cardinal Act
• Interest representation organizations (like Trade Unions) formed based on right to association

Article IX

• Right to freedom of speech
• Recognition and protection of freedom and diversity of press
• Free dissemination of information necessary for formation of democratic public opinion
• Political advertisements during election campaigns may only be published in media services free of charge, under conditions ensuring equal opportunities; detailed rules defined in a cardinal Act
• Freedom of speech cannot be used with the purpose of violating human dignity of others

Article X

• Freedom of scientific and artistic creation
• Freedom of learning (acquisition highest possible level of knowledge)
• Freedom of teaching (within the framework of Act)
• State not to decide on issues of scientific truth, only scientists evaluate scientific research
• Protection of scientific and artistic freedom for the Hungarian Academy of Sciences and the Hungarian Academy of Arts
• Higher education institutions are autonomous in content and methods of research and teaching
• Organisation of higher education institutions regulated by Act
• Laws on management of public higher education institutions are made by government, which supervises institutions

Article XI

• Every Hungarian citizen has the right to education
• Public education extended and generalized providing free, compulsory primary education, accessible secondary education, and higher education to students based on ability

Article XII

• Freedom to freely choose work and engage in entrepreneurial activities
• Everyone obliged to contribute to enhancement of the community through work based on abilities and possibilities
• Hungary works to provide conditions ensuring that everyone who wants to work can work

Article XIII

• Every Hungarian has right to property and inheritance
• Ownership will entail social responsibility
• Property can only be expropriated in exceptional cases for public interest, according to Act; includes full, unconditional, and immediate compensation

Article XIV

• Hungarian citizens not expelled from the territory of Hungary and can return from abroad at any time
• Foreigners can only be expelled according to a lawful decision
• Collective expulsion prohibited

Article XV

• All individuals equal before the law with full legal capacity
• Hungary guarantees fundamental rights to all without discrimination based on race, color, sex, disability, language, religion, political opinion, nationality, social origin, property, birth, or any other status
• Women and men have equal rights
• Separate measures to promote equality of opportunity and social inclusion
• Separate measures to protect families, children, women, elderly, or disabled people

Article XVI

• Every child has right to protection and care necessary for physical, mental, and moral development
• Parents have the right to raise children in a meaningful way
• Parents obliged to take care of minor children; obligation includes provisions of schooling
• Adult children have obligation towards their parents

Article XVII

• Employees and employers cooperate with each other to ensure jobs and sustainability of national economy and other community goals
• Employees and employers have right to negotiate, conclude agreements, and take collective actions to defend interests, including right of workers to discontinue work
• Every employee has right to working conditions respecting health, safety, and dignity
• Every employee has the right to daily and weekly rest periods, and annual paid leave

Article XVIII

• Employment of children is prohibited, except in cases in Act, if physical/mental/moral development not harmed
• Separate measures to protect young workers and protection of parents

Article XIX

• Hungary strives to provide social security to all citizens
• Assistance provided to citizens in cases of maternity, illness, disability, handicap, widowhood, orphanage, unemployment for reasons outside of their control, as provided by an Act.
• Hungary will implement social security for those in need

Article XX

• Everyone has the rights to physical and mental health
• Effective implementation (e.g., free genetically unmodified agriculture; ensuring access to healthy food/water; organising work safety/healthcare; supporting sports and physical activity)
• Rules on health and safety for the population defined

Article XXI

• Recognition of everyone’s right to a healthy environment
• Anyone inflicting damage on environment obligated to restore it or bear the costs

Article XXII

• Hungary strives to ensure decent housing conditions and public services for all
• The State and local governments contribute to creating decent housing conditions, by ensuring accommodation for everyone.

Article XXIII

• Every adult Hungarian citizen has the right to vote and be voted for in elections for national assembly, local government representatives, and mayors, and to European parliament.
• Every adult citizen of other European Union Member States with residence in Hungary has the same voting rights.
• Every adult recognized as refugee, immigrant, or resident has the right to vote in local government representatives
• Requirements for eligibility to vote can be specified and differentiated in individual cases

Article XXIV

• Everyone has the right to have their affairs dealt with fairly and respectfully, within the appropriate time, by the authorities. Regulations to give reason for decisions
• Compensation of damages for unlawful acts committed by authorities

Article XXV

• Everyone has the right to submit written applications, complaints, or proposals to any organs exercising public power

Article XXVI

• The State works to use updated technical solutions and science achievements to make public services more efficient
• State works to improve public-affairs transparency and promote equality in opportunity

Article XXVII

• Everyone lawfully residing in Hungary has the right to freely move about/choose place of stay; protected by Hungary while residing abroad

Article XXVIII

• Everyone has right to a fair/public trial for any charges within a reasonable time
• No one is considered guilty until proven so with a final court decision
• Defense rights for people subject to criminal processes (includes rights to defense counsels)

Article XXIX

• Nationalities living in Hungary are constituent parts of the state and every Hungarian citizen belonging to a nationality has right to freely express/preserve identity: and right to use mother tongue
• Nationalities living in Hungary may establish self government at local and national level

Article XXX

• Every citizen contributes to covering necessary common needs relative to capabilities and economic participation
• The effort to support children in covering their needs
• The conditions for support can be regulated within an Act

Article XXXI

• All Hungarian citizens have an obligation to defend the country
• Hungary maintains a volunteer reserve system for national defense purposes
• Measures on national crisis/preventive defense: adult Hungarian men fulfilling military service
• For state of crisis, adult Hungarian citizens may be ordered to perform national defense work

Article 32

• Rules on the implementation of duties and tasks determined by the respective law
• Provisions on coordinating and ordering matters that facilitate the operation of the National Assembly
• The security of the National Assembly is guarded by the Parliamentary Guard, who operates under the authority of the Speaker of the National Assembly

Article 15

• The government the principal organ of the executive branch; exercises functions not expressly conferred on any other organ by fundamental law/regulations. Responsible to the National Assembly

Article 16

• Members of government are Prime Minister and the Ministers
• Prime Minister designates deputy Prime Ministers as needed
• Prime Minister elected by National Assembly, proposed by the President of the Republic

Article 17

• Ministries to be listed in Act
• Act allows ministers without portfolio
• The capital or county government and state administration organs

Article 18

• The general policy is determined by the Prime Minister,
• The government sectors controlled by ministers individually or jointly. Ministers accountable for their actions

Article 19

• The national assembly may require information from the government on the government's position relative to the decision-making processes of the intergovernmental institution of the European Union – to take a position on drafts that have been placed on the agenda
• In the EU decision-making procedure the government will act relative to the positions already taken by the Union

Article 20

• Prime Minister’s mandate ends upon newly elected National Assembly
• National Assembly can express no-confidence in the Prime Minister
• Prime Minister can submit confidence vote
• National Assembly decides on question of confidence within 8 days of motion submission

Article 21

• One-fifth of the members of the Assembly may together with the designation of a candidate for the office of prime minister submit a motion for confidence in the Prime Minister

Article 22

• As of the end of the mandate the government acts as caretaker until a new government is formed
• Caretakers may not consent to be bound by international treaties, and may only adopt decrees that are authorized by an Act or that relate to urgency

Article 23

• Under cardinal act the National Assembly can establish autonomous regulatory organs
• Heads of organs appointed by the Prime Minister or the president
• Organs must annually report to the national assembly

Article 26

• Judges independent and subordinated only to Acts
• Judges cannot be instructed in judicial activities
• Judges can only be removed as listed out in Cardinal Act
• Judges can't be members of political parties

Article 27

• Courts generally operate in chambers
• Non-professional judges may participate in justice administrative procedures, according to the law

Article 28

• Courts will interpret legal regulations based on their purposes/ Fundamental Law
• Presumption that legal regulations serve moral/economical purposes

Article 29

• Prosecutor General and prosecution service are independent
• Prosecutor General and prosecution service contribute to administration of justice by actively enforcing criminal demands of punishment

Article 30

• Commissioner for fundamental rights performs fundamental rights protection activities
• Any individual may start proceedings

Article 31

• Rules for local governance are laid down.