Fundamental Law of Hungary 2011 PDF

THE FUNDAMENTAL LAW OF HUNGARY* (25 April 2011) *Translation of the consolidated version of the Fundamental Law as on 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 We are proud that our king Saint Stephen built the Hungarian State on solid ground and made our country a part of Christian Europe one thousand years ago. NATIONAL AVOWAL We are proud of our forebears who fought for the survival, freedom and independence of our country. We are proud of the outstanding intellectual achievements of the Hungarian people. We are proud that our people has over the centuries defended Europe in a series of struggles and enriched Europe’s common values with its talent and diligence. We recognise the role of Christianity in NATIONAL AVOWAL We promise to preserve the intellectual and spiritual unity of our nation torn apart in the storms of the last century. We proclaim that the nationalities living with us form part of the Hungarian political community and are constituent parts of the State. NATIONAL AVOWAL We commit to promoting and safeguarding our heritage, our unique language, Hungarian culture, the languages and cultures of nationalities living in Hungary, along with all man-made and natural assets of the Carpathian Basin. We bear responsibility for our descendants; therefore we shall protect the living conditions of future generations by making prudent use of our material, intellectual and natural resources. NATIONAL AVOWAL We do not recognise the communist constitution of 1949, since it was the basis for tyrannical rule; therefore we proclaim it to be invalid. We agree with the Members of the first free National Assembly, which proclaimed as its first decision that our current liberty was born of our 1956 Revolution. NATIONAL AVOWAL We date the restoration of our country’s self-determination, lost on the nineteenth day of March 1944, from the second day of May 1990, when the first freely elected organ of popular representation was formed. We shall consider this date to be the beginning of our country’s new democracy and constitutional order. NATIONAL AVOWAL Our Fundamental Law shall be the basis of our legal order; it shall be an alliance among Hungarians of the past, present and future. It is a living framework which expresses the nation’s will and the form in which we want to live. We, the citizens of Hungary, are ready to found the order of our country upon the common FOUNDATION Article A The name of OUR COUNTRY shall be Hungary. Article B (1) Hungary shall be an independent, democratic rule-of-law State. (2) The form of government of Hungary shall be a republic. (3) The source of public power shall be the people. (4) The power shall be exercised by the FOUNDATION Article C (1) The functioning of the Hungarian State shall be based on the principle of division of powers. (2) No one shall act with the aim of acquiring or exercising power by force, and/or of exclusively possessing it. Everyone shall have the right and obligation to resist such attempts in a lawful way. (3) The State shall have the right to use Article D Bearing in mind that there is one single Hungarian nation that belongs together, Hungary shall bear responsibility for the fate of Hungarians living beyond its borders, shall facilitate the survival and development of their communities, shall support their efforts to preserve their Hungarian identity, the effective use of their individual and collective rights, the establishment of their community self- governments, and their prosperity in their native lands, and shall promote their cooperation with each other and with Hungary. Article E (1) In order to enhance the liberty, well-being and security of the people of Europe, Hungary shall contribute to the creation of European unity. (2) With a view to participating in the European Union as a Member State and on the basis of an international treaty, Hungary may, to the extent necessary to exercise the rights and fulfil the obligations deriving from the Founding Treaties, exercise some of its competences set out in the Fundamental Law jointly with other Member States, through the institutions of the European Union. (3) The law of the European Union may, within the framework set out in Paragraph /2/lay down generally binding rules of conduct. Article F (1) The capital of Hungary shall be Budapest. (2) The territory of Hungary shall consist of the capital, counties, cities and towns, as well as villages. The capital, as well as the cities and towns may be divided into districts. Article G (1) The child of a Hungarian citizen shall be a Hungarian citizen by birth. A cardinal Act may specify other cases of the origin or acquisition of Hungarian citizenship. (2) Hungary shall protect its citizens. (3) No one shall be deprived of Hungarian citizenship established by birth or acquired in a lawful manner. (4) The detailed rules for citizenship shall be laid down in a cardinal Act. Article H (1) In Hungary the official language shall be Hungarian. (2) Hungary shall protect the Hungarian language. (3) Hungary shall protect the Hungarian Sign Language as a part of the Hungarian culture. Article I (1) The coat of arms of Hungary shall be a vertically divided shield with a pointed base. The left field shall contain eight horizontal bars of red and silver. The right field shall have a red background and shall depict a base of three green hills with a golden crown atop the higher central hill from which rises a silver patriarchal cross. The Holy Crown shall rest on top of the shield. (2) The flag of Hungary shall feature three horizontal bands of equal width coloured red, white and green from top to (3) The national anthem of Hungary shall be the poem Himnusz by KÖLCSEY Ferenc set to music by ERKEL Ferenc. (4) The coat of arms and the flag may also be used in other historically developed forms. The detailed rules for the use of the coat of arms and the flag, as well as the state decorations shall be laid down in a cardinal Act. Article J (1) The national holidays of Hungary shall be: a) the 15th day of March, in memory of the 1848–49 Revolution and War of Independence; b) the 20th day of August, in memory of the foundation of the State and King Saint Stephen the State Founder; c) the 23rd day of October, in memory of the 1956 Revolution and War of Independence. Article K The official currency of Hungary shall be the forint. Article L (1) Hungary shall protect the institution of marriage as the union of a man and a woman established by voluntary decision, and the family as the basis of the survival of the nation. Family ties shall be based on marriage and/or the relationship between parents and children. (2) Hungary shall encourage the commitment to have children. (3) The protection of families shall be Article M (1) The economy of Hungary shall be based on work which creates value, and on freedom of enterprise. (2) Hungary shall ensure the conditions of fair economic competition. Hungary shall act against any abuse of a dominant position, and shall protect the rights of consumers. Article N (1) Hungary shall observe the principle of balanced, transparent and sustainable budget management. (2) The National Assembly and the Government shall have primary responsibility for the observance of the principle referred to in Paragraph (1). (3) In performing their duties, the Constitutional Court, courts, local governments and other state organs shall be obliged to respect the principle referred to in Paragraph (1). Article O Everyone shall be responsible for him- or herself, and shall be obliged to contribute to the performance of state and community tasks according to his or her abilities and possibilities. Article P (1) Natural resources, in particular arable land, forests and the reserves of water, biodiversity, in particular native plant and animal species, as well as cultural assets shall form the common heritage of the nation; it shall be the obligation of the State and everyone to protect and maintain them, and to preserve them for future generations. (2) The limits and conditions for acquisition of ownership and for use of arable land and forests necessary for achieving the objectives referred to in Paragraph (1), as well as the rules concerning the organisation of integrated agricultural production and concerning family farms and other agricultural holdings shall be laid down in a cardinal Act. Article Q (1) In order to create and maintain peace and security, and to achieve the sustainable development of humanity, Hungary shall strive for cooperation with all the peoples and countries of the world. (2) In order to comply with its obligations under international law, Hungary shall ensure that Hungarian law be in conformity with international law. (3) Hungary shall accept the generally recognised rules of international law. Other sources of international law shall become part of the Hungarian legal system by promulgation in legal regulations. Article R (1) The Fundamental Law shall be the foundation of the legal system of Hungary. (2) The Fundamental Law and legal regulations shall be binding on everyone. (3) The provisions of the Fundamental Law shall be interpreted in accordance with their purposes, the National Avowal contained therein and the achievements of our historical constitution. Article S (1) A proposal for the adoption of a new Fundamental Law or for the amendment of the Fundamental Law may be submitted by the President of the Republic, the Government, any parliamentary committee or any Member of the National Assembly. (2) For the adoption of a new Fundamental Law or the amendment of the Fundamental Law, the votes of two-thirds of the Members of the National Assembly shall be (3) The Speaker of the National Assembly shall sign the adopted Fundamental Law or the adopted amendment of the Fundamental Law within five days and shall send it to the President of the Republic. The President of the Republic shall sign the Fundamental Law or the amendment of the Fundamental Law sent to him within five days of receipt and shall order its promulgation in the official gazette. If the President of the Republic finds that any procedural requirement laid down in the Fundamental Law with respect to adoption of the Fundamental Law or the amendment of the Fundamental Law has not been met, he or she shall request the Constitutional Should the examination by the Constitutional Court not establish the violation of such requirements, the President of the Republic shall immediately sign the Fundamental Law or the amendment of the Fundamental Law, and shall order its promulgation in the official gazette. (4) The designation of the amendment of the Fundamental Law in its promulgation shall include the title, the serial number of the amendment and the day of promulgation. Article T (1) Generally binding rules of conduct may be laid down in the Fundamental Law or in legal regulations adopted by an organ having legislative competence and specified in the Fundamental Law that are promulgated in the official gazette. A cardinal Act may lay down different rules for the promulgation of local government decrees, and of legal regulations adopted during a (2) Legal regulations shall be 1. Acts, 2. government decrees, 3. prime ministerial decrees, 4. ministerial decrees, 5. decrees of the Governor of the National Bank of Hungary, 6. decrees of the heads of autonomous regulatory organs and 7. local government decrees. In addition, 8. decrees of the NationalDefence Council adopted during a state of national crisis and 9. decrees of the President of the Republic adopted during a state of emergency shall also be legal regulations. (3) No legal regulation shall conflict with the Fundamental Law. (4) Cardinal Acts shall be Acts, for the adoption or amendment of which the votes of two-thirds of the Members of the National Assembly present shall be required. Article U (1) The form of government based on the rule of law, established in accordance with the will of the nation through the first free elections held in 1990, and the previous communist dictatorship are incompatible. The Hungarian Socialist Workers’ Party and its legal predecessors and the other political organisations established to serve them in the spirit of communist ideology were criminal organisations, and their leaders shall have responsibility without statute of limitations for: a) maintaining and directing an oppressive regime, violating the law and betraying the nation; b) thwarting with Soviet military assistance the democratic attempt built on a multi-party system in the years after World War II; c) establishing a legal order built on the exclusive exercise of power and unlawfulness; d) putting an end to the economy based on the freedom of property and indebting the country; e) submitting Hungary’s economy, national defence, diplomacy and human resources to foreign interests; f) systematically devastating the traditional values of European civilisation; g) depriving citizens and certain groups of citizens of their fundamental human rights or seriously restricting such rights, in particular for murdering people, delivering them to foreign power, unlawfully imprisoning them, deporting them to forced labour camps, torturing them and subjecting them to inhuman treatment; arbitrarily depriving citizens of their assets, restricting their rights to property; totally depriving citizens of their liberties, submitting the expression of political opinion and will to coercion by the State; discriminating against people on the grounds of origin, world view or political belief, impeding their advancement and success based on knowledge, diligence and talent; setting up and operating a secret police to unlawfully observe and influence the private lives of people; h) suppressing with bloodshed, in cooperation with Soviet occupying forces, the Revolution and War of Independence which broke out on 23 October 1956, the ensuing reign of terror and retaliation, and the forced flight of two hundred thousand Hungarian people i) all ordinary criminal offences committed for political motives and left unprosecuted by the justice system for political motives. Political organisations having gained legal recognition during the democratic transition as legal successors of the Hungarian Socialist Workers’ Party continue to share the responsibility of their predecessors as beneficiaries of their unlawfully accumulated assets. (2) With regard to Paragraph (1), the operation of the communist dictatorship shall be realistically revealed and society’s sense of justice shall be ensured in accordance with Paragraphs (3) to (10). (3) In order for the State to preserve the memory of the communist dictatorship, a Committee of National Memory shall operate. The Committee of National Memory shall reveal the operation of the communist dictatorship in terms of power and the role of individuals and organisations that held communist power, and shall publish the results of its activity in a comprehensive report and other documents. (4) The holders of power under the communist dictatorship shall be obliged to tolerate statements of facts about their roles and acts related to the operation of the dictatorship, with the exception of deliberate statements that are untrue in essence; their personal data related to such roles and acts may be disclosed to the public. (5) The pensions or any other benefits provided by the State under legal regulations to leaders of the communist dictatorship specified in an Act may be reduced to the extent specified in an Act; the arising revenues shall be used to mitigate the injuries caused by the communist dictatorship and to keep alive the memory of victims as provided for by an Act. (6) Serious criminal offences laid down in an Act which were committed against Hungary or persons under the communist dictatorship in the name or in the interest of, or in agreement with the party-state and which were left unprosecuted for political reasons by ignoring the Act on criminal law in force at the time of commission, shall not be considered as time-barred. (7) The criminal offences referred to in Paragraph (6) shall become time-barred on the expiry of the period determined in the Act on criminal law in force at the time of commission, to be calculated as of the day of the entry into force of the Fundamental Law, provided that they would have become time- barred by 1 May 1990 under the Act on criminal law in force at the (8) The criminal offences referred to in Paragraph (6) shall become time- barred on the expiry of the period between the date of commission and 1 May 1990, to be calculated as of the day of the entry into force of the Fundamental Law, provided that they would have become time- barred between 2 May 1990 and 31 December 2011 under the Act on criminal law in force at the time of commission and that the perpetrator was not prosecuted for (9) No legal regulation may establish new legal grounds for compensation providing financial or any other pecuniary payment to individuals who were unlawfully deprived of their lives or freedom for political reasons and who suffered undue property damage by the (10) The documents of the communist state party, of civil society organisations and youth organisations established with the contribution of and/or influenced directly by the communist state party, and of trade unions, created during the communist dictatorship shall be property of the State and shall be deposited in public archives in the same way as the files of organs performing public duties. FREEDOM AND RESPONSIBILITY Article I (1) The inviolable and inalienable fundamental rights of MAN shall be respected. It shall be the primary obligation of the State to protect these rights. (2) Hungary shall recognise the fundamental individual and collective rights of man. (3) The rules for fundamental rights and obligations shall be laid down in an Act. A fundamental right may only be restricted to allow the effective use of another fundamental right or to protect a constitutional value, to the extent absolutely necessary, proportionate to the objective pursued and with full respect for the essential content of such fundamental right. (4) Fundamental rights and obligations which by their nature apply not only to man shall be guaranteed also for legal entities established by an Act. Article II Human dignity shall be inviolable. Every human being shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception. Article III (1) No one shall be subject to torture, inhuman or degrading treatment or punishment, or held in servitude. Trafficking in human beings shall be prohibited. (2) It shall be prohibited to perform medical or scientific experiment on human beings without their informed and voluntary consent. (3) Practices aimed at eugenics, the use of the human body or its parts for financial gain, as well as human cloning shall be prohibited. Article IV (1) Everyone shall have the right to liberty and security of the person. (2) No one shall be deprived of liberty except for reasons specified in an Act and in accordance with the procedure laid down in an Act. Life imprisonment without parole may only be imposed for the commission of intentional and violent criminal offences. (3) Any person suspected of having committed a criminal offence and taken into detention shall, as soon as possible, be released or brought before a court. The court shall be obliged to hear the person brought before it and shall forthwith take a decision with a written reasoning to release or to arrest that person. (4) Everyone whose liberty has been restricted without a well-founded reason or unlawfully shall have the right to compensation. Article V Everyone shall have the right to repel any unlawful attack against his or her person and/or property, or one that poses a direct threat to the same, as provided for by an Act. Article VI (1) Everyone shall have the right to have his or her private and family life, home, communications and good reputation respected. (2) Everyone shall have the right to the protection of his or her personal data, as well as to access and disseminate data of public interest. (3) The application of the right to the protection of personal data and to access data of public interest shall be supervised by an independent authority established by a cardinal Act. Article VII (1) Everyone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change one’s religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practise or teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life. (2) People sharing the same principles of faith may, for the practice of their religion, establish religious communities operating in the organisational form specified in a cardinal Act. (3) The State and religious communities shall operate separately. Religious communities shall be autonomous. (4) The State and religious communities may cooperate to achieve community goals. At the request of a religious community, the National Assembly shall decide on such cooperation. The religious communities participating in such cooperation shall operate as established churches. The State shall provide specific privileges to established churches with regard to their participation in the fulfilment of tasks that serve to (5) The common rules relating to religious communities, as well as the conditions of cooperation, the established churches and the detailed rules relating to established churches shall be laid down in a cardinal Act. Article VIII (1) Everyone shall have the right to peaceful assembly. (2) Everyone shall have the right to establish and join organisations. (3) Political parties may be formed and may operate freely on the basis of the right to association. Political parties shall participate in the formation and expression of the will of the people. Political parties may not exercise public power directly. (4) The detailed rules for the operation and management of political parties shall be laid down in a cardinal Act. (5) Trade unions and other interest representation organisations may be formed and may operate freely on the basis of the right to Article IX (1) Everyone shall have the right to freedom of speech. (2) Hungary shall recognise and protect the freedom and diversity of the press, and shall ensure the conditions for free dissemination of information necessary for the formation of democratic public opinion. (3) In the interest of the appropriate provision of information as necessary during the electoral campaign period for the formation of democratic public opinion, political advertisements may only be published in media services free of charge, under conditions guaranteeing equal opportunities, laid down in a cardinal Act. (4) The right to freedom of speech may not be exercised with the aim of violating the human dignity of others. (5) The right to freedom of speech may not be exercised with the aim of violating the dignity of the Hungarian nation or of any national, ethnic, racial or religious community. Persons belonging to such communities shall be entitled to enforce their claims in court against the expression of an opinion which (6) The detailed rules relating to the freedom of the press and the organ supervising media services, press products and the communications market shall be laid down in a cardinal Act. Article X (1) Hungary shall ensure the freedom of scientific research and artistic creation, the freedom of learning for the acquisition of the highest possible level of knowledge and, within the framework laid down in an Act, the freedom of teaching. (2) The State shall have no right to decide on questions of scientific truth; only scientists shall have the right to evaluate scientific research. (3) Hungary shall protect the scientific and artistic freedom of the Hungarian Academy of Sciences and the Hungarian Academy of Arts. Higher education institutions shall be autonomous in terms of the content and the methods of research and teaching; their organisation shall be regulated by an Act. The Government shall, within the framework of an Act, lay down the rules governing the management of public higher education institutions and shall supervise their management. Article XI (1) Every Hungarian citizen shall have the right to education. (2) Hungary shall ensure this right by extending and generalising public education, by providing free and compulsory primary education, free and generally accessible secondary education, and higher education accessible to everyone according to his or her abilities, and by providing financial support as provided for by an Act to those receiving education. (3) An Act may provide that financial support of higher education studies shall be subject to participation for a definite period in employment and/or to exercising for a definite period of entrepreneurial activities, regulated by Hungarian law. Article XII (1) Everyone shall have the right to freely choose his or her work, occupation and to engage in entrepreneurial activities. Everyone shall be obliged to contribute to the enrichment of the community through his or her work, in accordance with his or her abilities and possibilities. (2) Hungary shall strive to create the conditions ensuring that everyone who is able and willing to work has the opportunity to do so. Article XIII (1) Everyone shall have the right to property and inheritance. Property shall entail social responsibility. (2) Property may only be expropriated exceptionally, in the public interest and in the cases and ways provided for by an Act, subject to full, unconditional and immediate compensation. Article XIV (1) Hungarian citizens shall not be expelled from the territory of Hungary and may return from abroad at any time. Foreigners staying in the territory of Hungary may only be expelled under a lawful decision. Collective expulsion shall be prohibited. (2) No one shall be expelled or extradited to a State where he or she would be in danger of being sentenced to death, being tortured or being subjected to other inhuman treatment or punishment. (3) Hungary shall, upon request, grant asylum to non- Hungarian citizens being persecuted or having a well- founded fear of persecution in their native country or in the country of their usual residence for reasons of race, nationality, membership of a particular social group, religious or political belief, if they do not receive protection from their country of origin or Article XV (1) Everyone shall be equal before the law. Every human being shall have legal capacity. (2) Hungary shall guarantee the fundamental rights to everyone without discrimination and in particular without discrimination on grounds of race, colour, sex, disability, language, religion, political or other opinion, national or social origin, property, birth or any other status. (3) Women and men shall have equal rights. (4) By means of separate measures, Hungary shall promote the achievement of equality of opportunity and social inclusion. (5) By means of separate measures, Hungary shall protect families, children, women, the elderly and persons living with disabilities. Article XVI (1) Every child shall have the right to the protection and care necessary for his or her proper physical, mental and moral development. (2) Parents shall have the right to choose the upbringing to be given to their children. (3) Parents shall be obliged to take care of their minor children. This obligation shall include the provision of schooling for their children. (4) Adult children shall be obliged to Article XVII (1) Employees and employers shall cooperate with each other with a view to ensuring jobs and the sustainability of the national economy, and to other community goals. (2) Employees, employers and their organisations shall have the right, as provided for by an Act, to negotiate with each other and conclude collective agreements, and to take collective action to defend their interests, including the right of workers to discontinue work. (3) Every employee shall have the right to working conditions which respect his or her health, safety and dignity. (4) Every employee shall have the right to daily and weekly rest periods and to an annual period of paid leave. Article XVIII (1) The employment of children shall be prohibited, except for cases specified in an Act where there is no risk to their physical, mental or moral development. (2) By means of separate measures, Hungary shall ensure the protection of young people and parents at work. Article XIX (1) Hungary shall strive to provide social security to all of its citizens. Every Hungarian citizen shall be entitled to assistance in the case of maternity, illness, disability, handicap, widowhood, orphanage and unemployment for reasons outside of his or her control, as provided for by an Act. (2) Hungary shall implement social security for the persons referred to in Paragraph (1) and for other persons in need through a system of social institutions and measures. (3) The nature and extent of social measures may be determined in an Act in accordance with the usefulness to the community of the beneficiary’s activity. (4) Hungary shall contribute to ensuring the livelihood for the elderly by maintaining a general state pension system based on social solidarity and by allowing for the operation of voluntarily established social institutions. The conditions of entitlement to state pension may be laid down in an Act with regard to the requirement for stronger protection for Article XX (1) Everyone shall have the right to physical and mental health. (2) Hungary shall promote the effective application of the right referred to in Paragraph (1) by an agriculture free of genetically modified organisms, by ensuring access to healthy food and drinking water, by organising safety at work and healthcare provision, by supporting sports and regular physical exercise, as well as by ensuring the Article XXI (1) Hungary shall recognise and give effect to the right of everyone to a healthy environment. (2) Anyone who causes damage to the environment shall be obliged to restore it or to bear the costs of restoration, as provided for by an Act. (3) The transport of pollutant waste into the territory of Hungary for the purpose of disposal shall be prohibited. Article XXII (1) Hungary shall strive to ensure decent housing conditions and access to public services for everyone. (2) The State and local governments shall also contribute to creating decent housing conditions by striving to ensure accommodation for all persons (3) In order to protect public order, public security, public health and cultural values, an Act or a local government decree may, with respect to a specific part of public space, provide that staying in public space as a habitual dwelling shall be illegal. Article XXIII (1) Every adult Hungarian citizen shall have the right to vote and to be voted for in elections of Members of the National Assembly, local government representatives and mayors, and of Members of the European Parliament. (2) Every adult citizen of another Member State of the European Union with residence in Hungary shall have the right to vote and to be voted for in elections of local government representatives and mayors, and of Members of the European Parliament. (3) Every adult person recognised as a refugee, immigrant or resident in Hungary shall have the right to vote in elections of local government representatives and mayors. (4) A cardinal Act may provide that the right to vote and to be voted for, or its completeness shall be subject to residence in Hungary, and the eligibility to be voted for shall be subject to additional criteria. (5) In elections of local government representatives and mayors voters may vote at their place of residence or registered place of stay. Voters may exercise their right to vote at their place of residence or registered place of stay. (6) Those disenfranchised by a court for a criminal offence or limited mental capacity shall not have the right to vote and to be voted for. Citizens of another Member State of the European Union with residence in Hungary shall not have the right to be voted for if they have been excluded from the exercise of this right in their country pursuant to a legal regulation, a court decision or an authority decision of their State of citizenship. (7) Everyone having the right to vote in elections of Members of the National Assembly shall have the right to participate in national referendums. Everyone having the right to vote in elections of local government representatives and mayors shall have the right to participate in local referendums. (8) Every Hungarian citizen shall have the right to hold public office according to his or her aptitude, qualifications and professional competence. Public offices that may not be held by members or Article XXIV (1) Everyone shall have the right to have his or her affairs handled impartially, fairly and within a reasonable time by the authorities. Authorities shall be obliged to give reasons for their decisions, as provided for by an Act. (2) Everyone shall have the right to compensation for any damage unlawfully caused to him or her by the authorities in the performance of their duties, as provided for by an Article XXV Everyone shall have the right to submit, either individually or jointly with others, written applications, complaints or proposals to any organ exercising public power. Article XXVI The State shall strive to use the latest technical solutions and the achievements of science to make its operation efficient, raise the standard of public services, improve the transparency of public affairs, and promote equality of opportunity. Article XXVII (1) Everyone staying lawfully in the territory of Hungary shall have the right to move freely and to freely choose his or her place of stay. (2) Every Hungarian citizen shall have the right to enjoy the protection of Hungary during his or her stay abroad. Article XXVIII (1) Everyone shall have the right to have any charge against him or her, or his or her rights and obligations in any litigation, adjudicated within a reasonable time in a fair and public trial by an independent and impartial court established by an Act. (2) No one shall be considered guilty until his or her criminal liability has been established by the final decision of a court. (3) Persons subject to criminal proceedings shall have the right to defence at all stages of the proceedings. Defence counsels shall not be held liable for their opinion expressed while providing legal defence. (4) No one shall be held guilty of or be punished for an act which at the time when it was committed did not constitute a criminal offence under Hungarian law or, within the scope specified in an international treaty or a legal act of the European Union, under the law of another State. (5) Paragraph (4) shall not prejudice the prosecution or conviction of any person for any act which, at the time when it was committed, was a criminal offence according to the generally recognised rules of international law. (6) With the exception of extraordinary cases of legal remedy laid down in an Act, no one shall be prosecuted or convicted for a criminal offence for which he or she has already been finally acquitted or convicted in Hungary or, within the scope specified in an international treaty or a legal act of the European Union, in another State, as provided for by an Act. (7) Everyone shall have the right to seek legal remedy against any court, authority or other administrative decision which violates his or her rights or legitimate interests. Article XXIX (1) Nationalities living in Hungary shall be constituent parts of the State. Every Hungarian citizen belonging to a nationality shall have the right to freely express and preserve his or her identity. Nationalities living in Hungary shall have the right to use their mother tongue, to use names in their own languages individually and collectively, to nurture their own cultures, and to receive education (2) Nationalities living in Hungary shall have the right to establish their self-government at both local and national level. (3) The detailed rules relating to the rights of nationalities living in Hungary, the nationalities, the requirements for recognition as a nationality, and the rules for the election of the self-governments of nationalities at local and national level shall be laid down in a cardinal Act. A cardinal Act may provide that recognition as a nationality shall be subject to a certain length of time of presence and to the initiative of a certain number of persons declaring Article XXX (1) Everyone shall contribute to covering common needs according to his or her capabilities and/or to his or her participation in the economy. (2) For persons raising children, the extent of contribution to covering common needs shall be determined by taking into consideration the costs of raising Article XXXI (1) All Hungarian citizens shall be obliged to defend the country. (2) Hungary shall maintain a volunteer reserve system for national defence purposes. (3) During a state of national crisis, or if the National Assembly decides so in a state of preventive defence, adult male Hungarian citizens with residence in Hungary shall perform military service. If military service involving the use of arms cannot be reconciled with the conscientious belief of the person obliged to perform military service, he shall perform unarmed service. The forms and detailed rules of the performance of (4) For the duration of a state of national crisis, adult Hungarian citizens with residence in Hungary may be ordered to perform work for national defence purposes, as provided for by a cardinal Act. (4) For the duration of a state of national crisis, adult Hungarian citizens with residence in Hungary may be ordered to perform work for national defence purposes, as provided for by a cardinal Act. (5) For adult Hungarian citizens with residence in Hungary civil protection obligation may be prescribed in the interest of performing national defence and disaster management tasks, as provided for by a cardinal (6) In the interest of performing national defence and disaster management tasks everyone may be ordered to provide economic and material services, as provided for by a cardinal Act. THE STATE The National Assembly Article 1 (1) HUNGARY’s supreme organ of popular representation shall be the National Assembly. (2) The National Assembly: a) shall adopt and amend the Fundamental Law of Hungary; b) shall adopt Acts; c) shall adopt the central budget and approve its implementation; d) shall authorise the expression of consent to be bound by international treaties falling within its functions and powers; e) shall elect the President of the Republic, the members and the President of the Constitutional Court, the President of the Curia, the President of the National Office for the Judiciary, the Prosecutor General, the f) shall elect the Prime Minister, decide on any matter of confidence related to the Government; g) shall dissolve representative bodies the operation of which is in conflict with the Fundamental Law; h) shall decide to declare a i) shall take decisions concerning a special legal order or related to the participation in military operations; j) shall grant general pardons; k) shall exercise further functions and powers laid down in the Fundamental Law or in an Act. Article 2 (1) Members of the National Assembly shall be elected by universal and equal suffrage in a direct and secret ballot, in elections which guarantee the free expression of the will of the voters, in a manner laid down in a cardinal Act. (2) The participation of nationalities living in Hungary in the work of the National Assembly shall be regulated by a cardinal Act. (3) The general elections of the Members of the National Assembly shall be held in the month of April or May of the fourth year following the election of the previous National Assembly, except for elections held due to the National Assembly dissolving itself or to it being Article 3 (1) The mandate of the National Assembly shall commence with its constitutive sitting and shall last until the constitutive sitting of the next National Assembly. The constitutive sitting shall be convened by the President of the Republic within thirty days of the (2) The National Assembly may declare its own dissolution. (3) The President of the Republic, while simultaneously setting a date for new elections, may dissolve the National Assembly if a) the National Assembly, when the mandate of the Government terminates, fails to elect the person proposed for Prime Minister by the President of the Republic within forty days of the presentation of the first proposal, or b) the National Assembly fails to adopt the central budget for the year in question by 31 March. (4) Before dissolving the National Assembly, the President of the Republic shall be obliged to seek the opinion of the Prime Minister, the Speaker of the National Assembly, and the leaders of the parliamentary groups. (5) The President of the Republic may exercise his or her right set out in Paragraph (3)a) until the National Assembly elects the Prime Minister. The President of the Republic may exercise his or her right set out in Paragraph (3)b) until the National Assembly adopts the central budget. (6) The new National Assembly shall be elected within ninety days of the National Assembly dissolving itself or of it being dissolved. Article 4 (1) Members of the National Assembly shall have equal rights and obligations, they shall perform their activities in the public interest, and they shall not be given instructions in that respect. (2) Members of the National Assembly shall be entitled to immunity and to remuneration ensuring their independence. A cardinal Act shall specify the public offices which may not be held by Members of the National Assembly, and may lay down other cases of (3) The mandate of a Member of the National Assembly shall terminate a) upon the termination of the mandate of the National Assembly; b) upon his or her death; c) upon the declaration of a conflict of interests; d) upon his or her resignation; e) if the conditions required for his or her election no longer exist; f) if he or she has failed to participate in the National Assembly’s work for one year. (5) The detailed rules relating to the legal status and the remuneration of Members of the National Assembly shall be laid down in a cardinal Act. Article 5 (1) The sittings of the National Assembly shall be public. At the request of the Government or of any Member of the National Assembly, and with the votes of two-thirds of the Members of the National Assembly, the National Assembly may decide to hold a sitting in-camera. (2) The National Assembly shall elect the Speaker of the National Assembly, Deputy Speakers and parliamentary notaries from among its members. (3) The National Assembly shall establish standing committees consisting of Members of the National Assembly. (4) In order to coordinate their activities, Members of the National Assembly may establish parliamentary groups in accordance with the conditions laid down in the provisions of the Rules of Procedure. (5) The National Assembly shall have a quorum if more than half of its Members are present at the sitting. (6) Unless otherwise provided in the Fundamental Law, the National Assembly shall take its decisions with the votes of more than half of the Members of the National Assembly present. The provisions of the Rules of Procedure may provide that for certain (7) The National Assembly shall establish the rules of its operation and the order of its debates in the provisions of the Rules of Procedure adopted with the votes of two-thirds of the Members of the National Assembly present. In order to ensure undisturbed operation of the National Assembly and to preserve its dignity, the Speaker of the National Assembly shall exercise policing and disciplinary powers laid down in the provisions of the Rules of Procedure. (8) The provisions ensuring regular sittings of the National Assembly shall be laid down in a cardinal Act. (9) The security of the National Assembly shall be provided by a Parliamentary Guard. The Parliamentary Guard shall operate under the authority of the Speaker of the National Assembly. Article 6 (1) The President of the Republic, the Government, any parliamentary committee or any Member of the National Assembly may initiate Acts. (2) The National Assembly may, upon the motion submitted before the final vote by the initiator of the Act, by the Government or by the Speaker of the National Assembly, send the adopted Act to the Constitutional Court for an examination of its conformity with the Fundamental Law. The National Assembly shall decide on the motion after the final vote. If the motion is adopted, the Speaker of the National Assembly shall forthwith send the adopted Act to the Constitutional Court for an examination of its conformity with the Fundamental Law. (3) The Speaker of the National Assembly shall within five days sign the adopted Act and send it to the President of the Republic. The President of the Republic shall within five days sign the Act sent to him or her and order its promulgation. If the National Assembly has sent the Act to the Constitutional Court for an examination of its conformity with the Fundamental Law under the Speaker of the National Assembly may only sign and send it to the President of the Republic if the Constitutional Court has not found any conflict with the Fundamental Law. (4) If the President of the Republic considers the Act or any of its provisions to be in conflict with the Fundamental Law and no examination under Paragraph (2) has been conducted, he or she shall send the Act to the Constitutional Court for an examination of its conformity with the Fundamental Law. (5) If the President of the Republic disagrees with the Act or any of its provisions and has not exercised his or her right under Paragraph (4), prior to signing the Act he or she may return it once, along with his or her comments, to the National Assembly for reconsideration. The National Assembly shall hold a new debate on the Act and decide on its adoption again. The President of the Republic may also exercise this right if no conflict with the Fundamental Law has been established by the Constitutional Court in the examination conducted under the National Assembly’s decision. (6) The Constitutional Court shall decide on the motion under Paragraph (2) or (4) with priority but within thirty days at the latest. If the Constitutional Court establishes a conflict with the Fundamental Law, the National Assembly shall hold a new debate on the Act in order (7) If the Constitutional Court does not establish any conflict with the Fundamental Law in the examination initiated by the President of the Republic, the President of the Republic shall forthwith sign the Act and shall order its promulgation. (8) The Constitutional Court may be requested to conduct another examination, under Paragraph (2) or (4), of the conformity with the Fundamental Law of the Act debated and adopted by the National Assembly in accordance with Paragraph (6). The Constitutional Court shall decide on the repeated motion with priority but within ten days at the latest. (9) If the National Assembly amends the Act returned due to disagreement of the President of the Republic, the examination of its conformity with the Fundamental Law under Paragraph (2) or (4) may be requested only in relation to the amended provisions or on the grounds of failure to meet the procedural requirements laid down in the Fundamental Law for If the National Assembly adopts the Act returned due to disagreement of the President of the Republic with the text unamended, the President of the Republic may request the examination of its conformity with the Fundamental Law on the grounds of failure to meet the procedural requirements laid down in the Fundamental Law for the making of that Act. Article 7 (1) Members of the National Assembly may address questions to the Commissioner for Fundamental Rights, the President of the State Audit Office, the Prosecutor General, or the Governor of the National Bank of Hungary about any matter within their (2) Members of the National Assembly may address interpellations or questions to the Government or any of its members about any matter within their functions. (3) The inquiry activities of parliamentary committees and the obligation to appear before such committees shall be regulated by a cardinal Act. National Referendums Article 8 (1) The National Assembly shall order a national referendum at the initiative of at least two hundred thousand voters. The National Assembly may order a national referendum at the initiative of the President of the Republic, the Government or one hundred thousand voters. The decision taken on a valid and conclusive referendum shall be binding on the National Assembly. (2) National referendums may be held about any matter falling within the functions and powers of the National Assembly. (3) No national referendum may be held on: a) any matter aimed at the amendment of the Fundamental Law; b) the contents of the Acts on the central budget, the implementation of the central budget, central taxes, duties, contributions, customs duties or the central conditions for local taxes; c) the contents of the Acts on the elections of Members of the National Assembly, local government representatives and mayors, or Members of the European Parliament; d) any obligation arising from international treaties; e) personal matters and matters concerning the establishment of organisations within the competence of the National f) the dissolution of the National Assembly; g) the dissolution of a representative body; h) the declaration of a state of war, state of national crisis or state of emergency, furthermore on the declaration or extension of a state of preventive defence; i) any matter related to participation in military operations; j) the granting of general pardons. (4) A national referendum shall be valid if more than half of all voters have cast valid votes, and it shall be conclusive if more than half of those voting validly have given the same answer to a question. The President of the Republic Article 9 (1) The Head of State of Hungary shall be the President of the Republic, who shall embody the unity of the nation and be the guardian of the democratic functioning of the state organisation. (2) The President of the Republic shall be the Commander in Chief of the Hungarian Defence Forces. (3) The President of the Republic: a) shall represent Hungary; b) may attend and address the sittings of the National Assembly; c) may initiate Acts; d) may initiate national referendums; e) shall set the date for general elections of Members of the National Assembly, local government representatives and mayors, furthermore for European Parliament elections and national referendums; f) shall take decisions concerning a special legal order; h) may dissolve the National Assembly; i) may send the adopted Fundamental Law or the amendment of the Fundamental Law to the Constitutional Court for an examination of its conformity with the procedural requirements laid down in the and may send adopted Acts to the Constitutional Court for an examination of their conformity with the Fundamental Law or may return them to the National Assembly for reconsideration; j) shall propose persons for the offices of the Prime Minister, the President of the Curia, the President of the National Office for the Judiciary, the Prosecutor General and the Commissioner for Fundamental Rights; k) shall appoint professional judges and the President of the Budget Council; l) shall confirm the President of the Hungarian Academy of Sciences and the President of the Hungarian Academy of Arts m) shall form the organisation of his or her office. (4) The President of the Republic: a) shall, on the basis of authorisation by the National Assembly, express consent to be bound by international treaties; b) shall accredit and receive ambassadors and envoys; c) shall appoint Ministers, the Governor and Deputy Governors of the National Bank of Hungary, the heads of autonomous regulatory organs and university d) shall assign university rectors; e) shall appoint and promote generals; f) shall award decorations, prizes and titles specified in an Act, and authorise the use of foreign state decorations; g) shall exercise the right to grant individual pardons; h) shall decide on matters of territorial organisation falling within his or her functions and powers; i) shall decide on matters related to the acquisition or termination of citizenship; j) shall decide on all matters within the powers conferred on him or her by an Act. (5) The counter-signature of a Member of the Government shall be required for all actions and decisions of the President of the Republic under Paragraph (4). An Act may provide that for decisions taken within the powers conferred on the President of the Republic by (6) The President of the Republic shall refuse to act in accordance with the provisions set out in Paragraphs (4)b) to e) if the conditions required by legal regulations are not met or if he or she has well-grounded reasons to conclude that it would lead to a serious (7) The President of the Republic shall refuse to act in accordance with the provisions set out in Paragraph (4)f), if it would violate the values enshrined in the Fundamental Law. Article 10 (1) The President of the Republic shall be elected for five years by the National Assembly. (2) Any Hungarian citizen who has reached the age of thirty- five years may be elected President of the Republic. (3) The President of the Republic may be re- elected only once. Article 11 (1) The President of the Republic shall be elected no sooner than sixty but no later than thirty days before expiry of the mandate of the previous President of the Republic, or if his or her mandate terminated prematurely, within thirty days of the termination. The date for the election of the President of the Republic shall be set by the Speaker of the National Assembly. The National Assembly shall elect the President of the Republic by secret ballot. (2) The election of the President of the Republic shall be preceded by nomination. For a nomination to be valid, the written recommendation of at least one-fifth of the Members of the National Assembly shall be required. Nominations shall be submitted to the Speaker of the National Assembly before the vote is ordered. Every Member of the National Assembly may recommend one candidate. If a Member of the National Assembly recommends more than one candidate, all recommendations of that Member shall be invalid. (3) President of the Republic elected in the first round of voting shall be the candidate who receives the votes of two-thirds of the Members of the National Assembly. (4) If the first round of voting is inconclusive, a second round shall be held. In the second round of voting, votes may be cast for the two candidates receiving the highest and second highest numbers of votes in the first round. In the event of a tie for first place in the first round of voting, votes may be cast for those candidates who have received the highest number of votes. In the event of a tie only for second place in the first round of voting, votes may be cast for those candidates who have received the highest and second highest numbers of votes. President of the Republic elected in the second round of voting shall be the candidate who – regardless of the number of those participating in the vote – receives the highest number of valid votes. Should the second round of voting also be inconclusive, a new election shall be held on the basis of repeated nomination. (5) The voting procedure shall be completed within no more than two consecutive days. (6) The President-elect of the Republic shall take office upon expiry of the mandate of the previous President of the Republic, or if his or her mandate terminated prematurely, on the eighth day after the announcement of the result of the election; prior to taking office the President-elect of the Republic shall take an oath before the National Assembly. Article 12 (1) The person of the President of the Republic shall be inviolable. (2) The office of the President of the Republic shall be incompatible with any other state, social, economic or political office, or assignment. The President of the Republic may not pursue any other gainful occupation, and may not receive a pay for any other activity, except for activities falling under (3) The mandate of the President of the Republic shall terminate: a) upon the expiry of his or her term of office; b) upon his or her death; c) if he or she is incapable of performing his or her functions for over ninety days; d) if the conditions required for his or her election no longer exist; e) upon the declaration of a conflict of interests; f) upon his or her resignation; g) upon his or her removal from the office of the President of the Republic. (4) The National Assembly shall decide with the votes of two- thirds of the Members of the National Assembly present on the establishment of any condition of the President of the Republic preventing him or her of performing his or her functions for over ninety days, or of the absence of the conditions required for his or her election, or on the declaration of a conflict of (5) The detailed rules for the legal status of the President of the Republic and the previous Presidents of the Republic, and their remuneration shall be laid down in a cardinal Act. Article 13 (1) Criminal proceedings against the President of the Republic may be instituted only after the termination of his or her mandate. (2) If the President of the Republic intentionally violates the Fundamental Law or, in connection with performing his or her office, any Act, and/or if he or she commits an intentional criminal offence, one-fifth of the Members of the National Assembly may propose his or her removal from office. (3) For the impeachment procedure to be instituted, the votes of two-thirds of the Members of the National Assembly shall be required. Voting shall be held by secret ballot. (4) As from the adoption of the decision of the National Assembly, the President of the Republic may not exercise his or her powers until the impeachment procedure (5) The Constitutional Court shall have the power to conduct the impeachment procedure. (6) If, as a result of the procedure, the Constitutional Court establishes the responsibility of the President of the Republic under public law, it may remove the President of the Republic from office. Article 14 (1) If the President of the Republic is temporarily prevented from acting, or if the mandate of the President of the Republic terminates, the Speaker of the National Assembly shall exercise the functions and powers of the President of the Republic until he or she is no longer prevented from acting, or until the new President of the Republic takes (2) The fact that the President of the Republic is temporarily prevented from acting shall be established by the National Assembly at the initiative of the President of the Republic, the Government or any Member of the National Assembly. (3) While substituting for the President of the Republic, the Speaker of the National Assembly may not exercise his or her rights and his or her duties as Speaker of the National Assembly shall be performed by the Deputy Speaker of the National Assembly designated by the National Assembly. The Government Article 15 (1) The Government shall be the general organ of the executive branch; it shall exercise all the functions and powers which are not expressly conferred by the Fundamental Law or a legal regulation on another organ. The Government shall be accountable to the National (2) The Government shall be the principal organ of public administration; it may establish organs of state administration, as provided for by an Act. (3) Acting within its functions, the Government shall adopt decrees in matters not regulated by an Act, or on the (4) No government decree shall conflict with any Act. Article 16 (1) The Members of the Government shall be the Prime Minister and the Ministers. (2) By means of a decree, the Prime Minister shall designate one or more Deputy Prime Minister(s) from among the Ministers. (3) The Prime Minister shall be elected by the National Assembly on the proposal of the President (4) The Prime Minister shall be elected with the votes of more than half of the Members of the National Assembly. The Prime Minister shall take office upon his or her election. (5) The President of the Republic shall present his or her proposal referred to in Paragraph (3): a) at the constitutive sitting of the new National Assembly, if the Prime Minister’s mandate has terminated upon the formation of the newly- elected National Assembly; b) within fifteen days of the termination of the Prime Minister’s mandate, if the Prime Minister’s mandate has terminated upon his or her resignation, his or her death, the declaration of a conflict of interests, due to the absence of the conditions required for his or her election or because the National Assembly has expressed its lack of confidence in the Prime (6) If the National Assembly fails to elect the person proposed for Prime Minister in accordance with Paragraph (5), the President of the Republic shall present a new proposal within fifteen days. (7) Ministers shall be appointed by the President of the Republic on the proposal of the Prime Minister. Ministers shall take office on the date designated in the deed of appointment or, in the absence thereof, upon their appointment. (8) The Government shall be established when Ministers are appointed. (9) The Members of the Article 17 (1) Ministries shall be listed in an Act. (2) Ministers without portfolio may be appointed to perform the functions determined by the Government. (3) The capital or county government offices shall be the territorial state (4) Provisions of a cardinal Act regarding the designation of ministries, Ministers or organs of the public administration may be amended by an Act. (5) The legal status of government officials shall be regulated by an Act. Article 18 (1) The Prime Minister shall define the general policy of the Government. (2) Ministers shall, within the framework of the general policy of the Government, autonomously control the sectors of state administration within their functions and the subordinated organs, and shall perform the tasks determined by the (3) Acting on the basis of authorisation by an Act or a government decree, and within their functions, Members of the Government shall adopt decrees, either autonomously or in agreement with other Ministers; no such decree shall conflict with any Act, government decree or decree of the Governor of the National Bank of Hungary. (4) Members of the Government shall be accountable to the National Assembly for their actions, and Ministers shall be accountable to the Prime Minister. Members of the Government may attend and address the sittings of the National Assembly. The National Assembly or a parliamentary committee may oblige Members of the Government to attend their (5) The detailed rules for the legal status of Members of the Government, their remuneration, as well as the rules regarding the substitution of Ministers shall be laid down in an Act. Article 19 The National Assembly may request information from the Government on the government position to be represented in the decision-making procedures of the intergovernmental institutions of the European Union, and may take a position on the draft placed on the agenda in the procedure. In the course of the decision-making of the European Union, the Government shall act on the basis of the position taken by the Article 20 (1) Upon the termination of the Prime Minister’s mandate, the mandate of the Government shall terminate. (2) The Prime Minister’s mandate shall terminate: a) upon the formation of the newly- elected National Assembly; b) if the National Assembly expresses its lack of confidence in the Prime Minister and elects a new Prime Minister; c) if the National Assembly expresses its lack of confidence in the Prime Minister in a confidence vote initiated by the Prime Minister; d) upon his or her resignation; e) upon his or her death; f) upon the declaration of a conflict of interests; g) if the conditions required for his or her election no longer exist. (3) A Minister’s mandate shall terminate: a) upon the termination of the Prime Minister’s mandate; b) upon his or her resignation; c) upon his or her dismissal; d) upon his or her death. (4) The National Assembly shall decide with the votes of two-thirds of the Members of the National Assembly present on the establishment of the absence of the conditions required for the election of the Prime Minister or on Article 21 (1) One-fifth of the Members of the National Assembly may, together with the designation of a candidate for the office of Prime Minister, submit a written motion of no- confidence against the Prime Minister. (2) If the National Assembly supports the motion of no- confidence, it thereby expresses its lack of confidence in the Prime Minister and simultaneously elects the person proposed for the office of Prime Minister in the motion of no-confidence. For such decision of the National Assembly, the votes of more than half of the Members of the National Assembly shall be required. (3) The Prime Minister may put forward a confidence vote. The National Assembly expresses its lack of confidence in the Prime Minister if more than half of the Members of the National Assembly do not support the Prime Minister in the confidence vote proposed by the Prime Minister. (4) The Prime Minister may propose that the vote on a proposal submitted by the Government be simultaneously a confidence vote. The National Assembly expresses its lack of confidence in the Prime Minister if it does not support the proposal submitted by (5) The National Assembly shall decide on the question of confidence after the third day, but no later than eight days following the submission of the motion of no-confidence or of thePrime Minister’s motion pursuant to Paragraphs (3) or (4). Article 22 (1) From the termination of its mandate until the formation of the new Government, the Government shall exercise its powers as a caretaker government, but may not express consent to be bound by international treaties, and may adopt decrees only on the basis of authorisation by an Act and in cases of urgency. (2) If the Prime Minister’s mandate terminates upon his or her resignation or the formation of the newly-elected National Assembly, the Prime Minister shall exercise his or her powers as a caretaker Prime Minister until the election of the new Prime Minister, but may not propose the dismissal of Ministers or the appointment of new Ministers, and may adopt decrees only on the basis of authorisation by (3) If the Prime Minister’s mandate has terminated upon his or her death, the declaration of a conflict of interests, due to the absence of the conditions required for his or her election or because the National Assembly has expressed its lack of confidence in the Prime Minister in a confidence vote, the powers of the Prime Minister shall be exercised by the Deputy Prime Minister or, in the case of more than one Deputy Prime Ministers, by the one designated as first Deputy Prime Minister, until the new Prime Minister is elected and with the limitations set (4) A Minister shall exercise his or her powers as a caretaker Minister from the termination of the Prime Minister’s mandate until a new Minister is appointed or another member of the new Government is assigned to temporarily perform the ministerial functions, but may Autonomous Regulatory Organs Article 23 (1) By means of a cardinal Act, the National Assembly may establish autonomous regulatory organs to perform and exercise certain functions and powers belonging to the executive branch. (2) The head of an autonomous regulatory organ shall be appointed by the Prime Minister or, on the proposal of the Prime Minister, by the President of the Republic for the term specified in a cardinal Act. The head of an autonomous regulatory organ (3) The head of an autonomous regulatory organ shall annually report to the National Assembly on the activities of the autonomous regulatory organ. (4) Acting on the basis of authorisation by an Act and within his or her functions laid down in a cardinal Act, the head of an autonomous regulatory organ shall issue decrees; no such decree shall conflict with any Act, government decree, prime ministerial decree, ministerial decree or decree of the Governor of the National Bank of Hungary. In issuing decrees, the head The Constitutional Court Article 24 (1) The Constitutional Court shall be the principal organ for the protection of the Fundamental Law. (2) The Constitutional Court a) shall examine adopted Acts not yet promulgated for conformity with the Fundamental Law; b) shall, at the initiative of a judge, review the conformity with the Fundamental Law of any legal regulation applicable in a particular case with priority but within ninety days at the latest; c) shall, on the basis of a constitutional complaint, review the conformity with the Fundamental Law of any legal regulation applied in a particular case; d) shall, on the basis of a constitutional complaint, review the conformity with the Fundamental Law of any judicial decision; e) shall, at the initiative of the Government, one-fourth of the Members of the National Assembly, the President of the Curia, the Prosecutor f) shall examine any legal regulation for conflict with any international treaties; g) shall exercise further functions and powers laid down in the Fundamental Law or in a cardinal Act. (3) The Constitutional Court a) shall, within its powers set out in Paragraph (2)b), c), and e), annul any legal regulation or any provision of a legal regulation which conflicts with the Fundamental Law; b) shall, within its powers set out in Paragraph (2)d), annul any judicial decision which conflicts with the Fundamental Law; c) may, within its powers set out in Paragraph (2)f), annul any legal regulation or any provision of a legal regulation which conflicts with an international treaty; and/or shall determine legal consequences set out in a cardinal Act. (4) The Constitutional Court may review and/or annul any provision not requested to be reviewed of a legal regulation only if there is a close substantive connection between that provision and the provision requested to be reviewed of the legal regulation. (5) The Constitutional Court may review the Fundamental Law or the amendment of the Fundamental Law only in relation to the procedural requirements laid down in the Fundamental Law for its making and Such examination may be initiated by: a) the President of the Republic in respect of the Fundamental Law or the amendment of the Fundamental Law, if adopted but not yet published; b) the Government, one-fourth of the Members of the National Assembly, the President of the Curia, the Prosecutor General or the Commissioner for Fundamental (6) The Constitutional Court shall decide on the motion pursuant to Paragraph (5) with priority but within thirty days at the latest. If the Constitutional Court finds that the Fundamental Law or the amendment of the Fundamental Law does not comply with the procedural requirements referred to in Paragraph (5), the Fundamental Law or the amendment of the Fundamental a) shall again be debated in the National Assembly in the case laid down in Paragraph (5)a); b) shall be annulled by the Constitutional Court in the case laid down in Paragraph (5)b). (7) The Constitutional Court shall, as provided for by a cardinal Act, hear the legislator of the legal regulation, the initiator of the Act or their representative or shall obtain their opinions during its procedure if the matter affects a wide range of persons. This stage of the (8) The Constitutional Court shall be a body composed of fifteen members, each elected for twelve years with the votes of two-thirds of the Members of the National Assembly. The National Assembly shall, with the votes of two-thirds of the Members of the National Assembly, , elect a member of the Constitutional Court to serve as its President until the expiry of his or her term of office as judge of the Constitutional Court. Members of the Constitutional Court may not be members of political parties or engage in political activities. (9) The detailed rules for the powers, organisation and operation of the Constitutional Courts Article 25 (1) Courts shall administer justice. The supreme judicial organ shall be the Curia. (2) Courts shall decide on: a) criminal matters, civil disputes and on other matters specified in an Act; b) the lawfulness of administrative decisions; c) the conflict of local government decrees with any other legal regulation, and on their annulment; d) the establishment of non- compliance of a local government with its obligation based on an Act to legislate. (3) In addition to Paragraph (2), the Curia shall ensure uniformity of the application of the law by the courts and shall take uniformity decisions which shall be binding on the courts. (4) The organisation of the judiciary shall have multiple levels. Separate courts may be (5) The central responsibilities of the administration of the courts shall be performed by the President of the National Office for the Judiciary. The National Council of Justice shall supervise the central administration of the courts. The National Council of Justice and other bodies of (6) The President of the National Office for the Judiciary shall be elected by the National Assembly from among the judges for nine years on the proposal of the President of the Republic. The President of the National Office for the Judiciary shall be elected with the votes of two- thirds of the Members of the National Assembly. The President of the Curia shall be a member of the National Council of Justice further members of which shall be elected by judges, as laid down in a cardinal Act. (7) An Act may provide that in certain legal disputes other organs may also act. (8) The detailed rules for the organisation and administration of courts, for the legal status of judges, as well as the remuneration of judges shall be laid down in a cardinal Act. Article 26 (1) Judges shall be independent and only subordinated to Acts; they shall not be instructed in relation to their judicial activities. Judges may only be removed from office for the reasons and in a procedure specified in a cardinal Act. Judges may not be members of (2) Professional judges shall be appointed by the President of the Republic, as provided for by a cardinal Act. Only persons having reached the age of thirty years may be appointed judge. Except for the President of the Curia and the President of the National Office for the Judiciary, the service relationship of judges shall terminate upon their reaching the general retirement (3) The President of the Curia shall be elected by the National Assembly from among the judges for nine years on the proposal of the President of the Republic. The President of the Curia shall be elected with the votes of two- thirds of the Members of the National Assembly. Article 27 (1) Unless otherwise provided in an Act, courts shall adjudicate in chambers. (2) Non-professional judges shall also participate in the administration of justice in the cases and ways (3) Only professional judges may act as a single judge or as the president of a chamber. In cases specified in an Act, court secretaries may also act within the powers of a single judge; in the course of such activity of the court secretary, Article 26(1) shall apply to him or her. Article 28 In the course of the application of law, courts shall interpret the text of legal regulations primarily in accordance with their purposes and with the Fundamental Law. When interpreting the Fundamental Law or legal regulations, it shall be presumed that they serve moral and economical purposes which are in accordance with common The Prosecution Service Article 29 (1) The Prosecutor General and the prosecution service shall be independent, shall contribute to the administration of justice by exclusively enforcing the State’s demand for punishment as public accuser. The prosecution service shall prosecute criminal offences, take action against other unlawful acts or non-compliances, as well as contribute to the prevention of unlawful acts. (2) The Prosecutor General and the prosecution service: a) shall exercise rights in connection with investigations, as provided for by an Act; b) shall represent the prosecution in court proceedings; c) shall supervise the d) shall, as a guardian of public interest, exercise further functions and powers laid down in the Fundamental Law or in an Act. (3) The organisation of the prosecution service shall be led and directed by the Prosecutor General, who shall appoint prosecutors. Except for the Prosecutor General, the service relationship of prosecutors shall terminate upon their reaching the general (4) The Prosecutor General shall be elected by the National Assembly from among the prosecutors for nine years on the proposal of the President of the Republic. The Prosecutor General shall be elected with the votes of (5) The Prosecutor General shall annually report to the National Assembly on his or her activities. (6) Prosecutors may not be members of political parties or engage in political activities. (7) The detailed rules for the organisation and operation of the prosecution service, for the legal status of the Prosecutor General and the prosecutors, as well as their remuneration shall be laid down in a The Commissioner for Fundamental Rights Article 30 (1) The Commissioner for Fundamental Rights shall perform fundamental rights protection activities, his or her proceedings may be initiated by anyone. (2) The Commissioner for Fundamental Rights shall inquire into any violations related to fundamental rights, that come to his or her knowledge, or have such violations inquired into, and shall initiate general or specific (3) The Commissioner for Fundamental Rights and his or her deputies shall be elected for six years with the votes of two-thirds of the Members of the National Assembly. The deputies shall protect the interests of future The Commissioner for Fundamental Rights and his or her deputies may not be members of political parties or engage in political activities. (4) The Commissioner for Fundamental Rights shall annually report to the National Assembly on his or her activities. (5) The detailed rules for the Commissioner for Fundamental Rights and his or her deputies shall be laid Local Governments Article 31 (1) In Hungary local governments shall function to manage local public affairs and exercise local public power. (2) Local referendums may be held on any matter within the functions and powers of the local government, as provided for by an Act. (3) The rules relating to local governments shall be laid down in a cardinal Act. (1) In the management of local public affairs and within the framework of an Act, local governments: a) shall adopt decrees; b) shall take decisions; c) shall autonomously administer their affairs; d) shall determine the rules of their organisation and operation; e) shall exercise the rights of ownership with respect to local government property; f) shall determine their budgets and autonomously manage their affairs on the basis thereof; g) may engage in entrepreneurial activities with their assets and revenues available for this purpose, without jeopardising the performance of their mandatory duties; h) shall decide on the types and rates of local taxes; i) may create local government symbols and establish local decorations and honorific titles; j) may request information from the organ vested with the relevant functions and powers, initiate decisions or express an opinion; k) may freely associate with other local governments, establish associations for the representation of their interests, cooperate with local governments of other countries within their functions and powers, and become members of international organisations of local governments; l) shall exercise further functions and powers laid down in an Act. (2) Acting within their functions, local governments shall adopt local government decrees to regulate local social relations not regulated by an Act, and/or on the basis of authorisation by an Act. (3) No local government decree shall conflict with any other legal regulation. (4) Local governments shall send local government decrees to the capital or county government office immediately after their promulgation. If the capital or county government office finds the local government decree or any of its provisions to be in conflict with any legal regulation, it may initiate a judicial review of the local government decree. (5) The capital or county government office may apply to a court for the establishment of non-compliance of a local government with its obligation based on an Act to adopt decrees or take decisions. Should the local government fail to comply with its obligation to adopt decrees or take decisions by the date determined by the court in its decision establishing non- order the head of the capital or county government office to adopt the local government decree or local government decision required to remedy the non- compliance in the name of the local government. (6) The property of local governments shall be public property which shall serve for the performance of their tasks. Article 33 (1) The functions and powers of a local government shall be exercised by its representative body. (2) A local representative body shall be headed by the mayor. The president of a county representative body shall be elected by the county representative body from among its members for the term of its mandate. (3) A representative body may elect committees and establish an office, as provided for by a cardinal Act. Article 34 (1) Local governments and state organs shall cooperate to achieve community goals. An Act may set out mandatory functions and powers for local governments. For the performance of their mandatory functions and powers, local governments shall be entitled to proportionate budgetary and/or other financial support. (2) An Act may provide that mandatory tasks of local governments (3) An Act, or a government decree based on authorisation by an Act, may exceptionally specify functions and powers of state administration for mayors, presidents of county representative bodies and for heads or officers of the office of representative bodies. (4) The Government shall ensure supervision of the legality of local governments through the capital or county government offices. (5) In order to preserve a balanced budget, an Act may provide that, for any borrowing or for other undertaking of commitments by local governments to the extent determined in an Act, certain conditions and the consent of the Government shall be required. Article 35 (1) Local government representatives and mayors shall be elected by universal and equal suffrage in a direct and secret ballot, in elections which guarantee the free expression of the will of the voters, in a manner laid down in a cardinal Act. (2) The general elections of local government representatives and mayors shall be held in the month of October of the fifth year following the previous general election of local government representatives and mayors. (3) The mandate of representative bodies shall last until the day of the general elections of local government representatives and mayors. If no elections can be held due to a lack of candidates, the mandate of the local representative body shall be extended until the day of the by-elections. The mandate of mayors shall last until the election of the new mayors. (4) Representative bodies may declare their own dissolution, as provided for by a cardinal Act. (5) At the motion of the Government – submitted after seeking the opinion of the Constitutional Court –, the National Assembly shall dissolve representative bodies operating in conflict with the Fundamental Law. (6) Upon a representative body dissolving itself or upon it being dissolved, the mandate of the mayor shall also terminate. PUBLIC FUNDS Article 36 (1) The National Assembly shall adopt an Act on the central budget and on the implementation of the central budget for each year. The Government shall submit the legislative proposal on the central budget and on the implementation of the central budget to the National Assembly within the period determined in an Act. (2) The legislative proposals on the central budget and on its implementation shall contain state expenditures and revenues in the same structure, in a transparent manner and in reasonable detail. (3) By the adoption of the Act on the central budget, the National Assembly shall authorise the Government to collect the revenues and to disburse the expenditures determined in that Act. (4) The National Assembly may not adopt an Act on the central budget as a result of which government debt would exceed half of the total gross domestic product. (5) As long as government debt exceeds half of the total gross domestic product, the National Assembly may only adopt an Act on the central budget which provides for a reduction of the ratio of government debt to the total gross domestic product. (6) Any derogation from the provisions of paragraphs (4) and (5) shall only be allowed during a special legal order and to the extent necessary to mitigate the consequences of the circumstances triggering the special legal order, or, in the event of an enduring and significant national economic recession, to the extent necessary to restore the balance of the national economy. (7) If the National Assembly fails to adopt the Act on the central budget by the beginning of the calendar year, the Government shall be authorised to collect the revenues determined in laws and, within the framework of the appropriations determined in the Act on the central budget for the previous year, disburse expenditures on a pro rata temporis basis. Article 37 (1) The Government shall be obliged to implement the central budget in a lawful and expedient manner, with efficient management of public funds and by ensuring transparency. (2) With the exceptions specified in Article 36 (6), no such borrowing may be contracted and no such financial commitment may be undertaken in the course of the implementation of the central budget that would allow the government debt to exceed half of the total gross domestic product. (3) As long as government debt exceeds half of the total gross domestic product, with the exceptions specified in Article 36 (6), no such borrowing may be contracted and no such financial commitment may be undertaken in the course of the implementation of the central budget that would result in an increase, as compared to the previous year, of the ratio of government debt to the total gross domestic product. (4) As long as government debt exceeds half of the total gross domestic product, the Constitutional Court may, within its powers set out in Article 24 (2) b) to e), review the Acts on the central budget, the implementation of the central budget, central taxes, duties and contributions, customs duties and the central conditions for local taxes for conformity with the Fundamental Law exclusively in connection with the rights to life and human dignity, to the protection of personal data, to freedom of thought, conscience and religion, or the rights related to Hungarian citizenship, and it may annul these Acts only for the violation of these rights. The Constitutional Court shall have the unrestricted right to annul Acts having the above subject matters as well, if the procedural requirements laid down in the Fundamental Law for making and promulgating those Acts have not been met. (5) In the case of the provisions of Acts that entered into force in a period while government debt exceeded half of the total gross domestic product, paragraph (4) shall apply to such a period, even if government debt no longer exceeds half of the total gross domestic product. (6) The method for the calculation of the government debt and the total gross domestic product, as well as the rules relating to the implementation of the provisions of Article 36 and paragraphs (1) to (3), shall be laid down in an Act. Article 38 (1) The property of the State and of local governments shall be national assets. The management and protection of national assets shall aim at serving the public interest, meeting common needs and preserving natural resources, as well as at taking into account the needs of future generations. The requirements for preserving and protecting national assets and for the responsible management of national assets shall be laid down in a cardinal Act. (2) The scope of the exclusive property and of the exclusive economic activities of the State, as well as the limitations and conditions of the alienation of national assets of outstanding importance for the national economy, shall be determined in a cardinal Act with regard to the goals referred to in paragraph (1). (3) National assets may only be transferred for purposes specified in an Act, with the exceptions specified in an Act, taking into account the requirement of proportionate values. (4) Contracts for the transfer or utilisation of national assets may only be concluded with organisations of which the ownership structure, the organisation and the activity aimed at the management of the national assets transferred or assigned for utilisation is transparent. (5) Business organisations owned by the State or local governments shall manage their affairs in a manner determined in an Act, autonomously and responsibly according to the requirements of lawfulness, expediency and efficiency. Article 39 (1) Support or contractual payments from the central budget may only be granted to organisations of which the ownership structure, the organisation and the activity aimed at the use of the support is transparent. (2) Every organisation managing public funds shall be obliged to publicly account for its management of public funds. Public funds and national assets shall be managed according to the principles of transparency and the purity of public life. Data relating to public funds and national assets shall be data of public interest. Article 40 In the interests of satisfying common needs in a predictable manner and of the secure livelihood of the elderly, basic rules for sharing public burdens and for the pension system shall be laid down in a cardinal Act. Article 41 (1) The central bank of Hungary shall be the Hungarian National Bank. The Hungarian National Bank shall be responsible for monetary policy, as provided for by a cardinal Act. (2) The Hungarian National Bank shall perform the supervision of the financial intermediary system. (3) The Governor and Deputy Governors of the Hungarian National Bank shall be appointed for six years by the President of the Republic. (4) The Governor of the Hungarian National Bank shall report annually to the National Assembly on the activities of the Hungarian National Bank. (5) Acting on the basis of authorisation by an Act and within his or her functions laid down in a cardinal Act, the Governor of the Hungarian National Bank shall issue decrees; no such decree shall conflict with any Act. On issuing decrees, the Governor of the Hungarian National Bank may be substituted by the Deputy Governor he or she designated in a decree. (6) The detailed rules for the organisation and operation of the Hungarian National Bank shall be laid down in a cardinal Act. Article 43 (1) The State Audit Office shall be the organ of the National Assembly responsible for financial and economic audit. Acting within its functions laid down in an Act, the State Audit Office shall audit the implementation of the central budget, the administration of public finances, the use of funds from public finances and the management of national assets. The State Audit Office shall carry out its audits according to the criteria of lawfulness, expediency and efficiency. (2) The President of the State Audit Office shall be elected with the votes of two thirds of the Members of the National Assembly for twelve years. (3) The President of the State Audit Office shall report annually to the National Assembly on the activities of the State Audit Office. (4) The detailed rules for the organisation and operation of the State Audit Office shall be laid down in a cardinal Act. Article 44 (1) As an organ supporting the legislative activity of the National Assembly, the Fiscal Council shall examine the feasibility of the central budget. (2) The Fiscal Council shall take part in the preparation of the Act on the central budget, as provided for by an Act. (3) In order to meet the requirements set out in Article 36 (4) and (5), prior consent of the Fiscal Council shall be required for the adoption of the Act on the central budget. (4) The members of the Fiscal Council shall be the President of the Fiscal Council, the Governor of the Hungarian National Bank and the President of the State Audit Office. The President of the Fiscal Council shall be appointed for six years by the President of the Republic. (5) The detailed rules for the operation of the Fiscal Council shall be laid down in a cardinal Act. The Hungarian Defence Forces Article 45 (1) Hungary’s armed forces shall be the Hungarian Defence Forces. The core duties of the Hungarian Defence Forces shall be the military defence of the independence, territorial integrity and borders of Hungary and the performance of collective defence and peacekeeping tasks arising from international treaties, as well as carrying out humanitarian activities in accordance with the rules of international law. (2) Unless otherwise provided in an international treaty, and within the framework determined in the Fundamental Law and in a cardinal Act, the National Assembly, the President of the Republic, the National Defence Council, the Government or the minister vested with the relevant functions an

Fundamental Law of Hungary 2011 PDF

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