Act
XX of 1949
The Constitution of the Republic
of Hungary
In order to facilitate a peaceful political transition
to a constitutional state, establish a multi-party system,
parliamentary democracy and a social market economy,
the Parliament of the Republic of Hungary hereby establishes
the following text as the Constitution of the Republic
of Hungary, until the country’s new Constitution is
adopted.
Chapter I.
General Provisions
Article 1.
The State of Hungary is a republic.
Article 2.
(1) The Republic of Hungary is an independent, democratic
constitutional state.
(2) In the Republic of Hungary supreme power is vested
in the people, who exercise their sovereign rights directly
and through elected representatives.
(3) No activity of any person may be directed at the
forcible acquisition or exercise of public power, nor
at the exclusive possession of such power. Everyone
has the right and obligation to resist such activities
in such ways as permitted by law.
Article 2/A.
(1) By virtue of treaty, the Republic of Hungary,
in its capacity as a Member State of the European Union,
may exercise certain constitutional powers jointly with
other Member States to the extent necessary in connection
with the rights and obligations conferred by the treaties
on the foundation of the European Union and the European
Communities (hereinafter referred to as ‘European Union’);
these powers may be exercised independently and by way
of the institutions of the European Union.
(2) The ratification and promulgation of the treaty
referred to in Subsection (1) shall be subject to a
two-thirds majority vote of the Parliament.
Article 3.
(1) In the Republic of Hungary political parties may
be established and may function freely, provided they
respect the Constitution and laws established in accordance
with the Constitution.
(2) Political parties shall participate in the development
and expression of the popular will.
(3) Political parties may not exercise public power
directly. Accordingly, no single party may exercise
exclusive control of a government body. In the interest
of ensuring the separation of political parties and
public power, the law shall determine those functions
and public offices which may not be held by party members
or officers.
Article 4.
Labor unions and other representative bodies shall
protect and represent the interests of employees, members
of co-operatives and entrepreneurs.
Article 5.
The State of the Republic of Hungary shall defend the
freedom and sovereignty of the people, the independence
and territorial integrity of the country, and its national
borders as established in international treaties.
Article 6.
(1) The Republic of Hungary renounces war as a means
of solving disputes between nations and shall refrain
from the use of force and the threat thereof against
the independence or territorial integrity of other states.
(2) The Republic of Hungary shall endeavor to co-operate
with all peoples and countries of the world.
(3) The Republic of Hungary bears a sense of responsibility
for the fate of Hungarians living outside its borders
and shall promote and foster their relations with Hungary.
(4) The Republic of Hungary shall take an active part
in establishing a European unity in order to achieve
freedom, well-being and security for the peoples of
Europe.
Article 7.
(1) The legal system of the Republic of Hungary accepts
the generally recognized principles of international
law, and shall harmonize the country’s domestic law
with the obligations assumed under international law.
(2) Legislative procedures shall be regulated by law,
for the passage of which a majority of two-thirds of
the votes of the Members of Parliament present is required.
Article 8.
(1) The Republic of Hungary recognizes inviolable and
inalienable fundamental human rights. The respect and
protection of these rights is a primary obligation of
the State.
(2) In the Republic of Hungary regulations pertaining
to fundamental rights and duties are determined by law;
such law, however, may not restrict the basic meaning
and contents of fundamental rights.
(3)
(4) During a state of national crisis, state of emergency
or state of danger, the exercise of fundamental rights
may be suspended or restricted, with the exception of
the fundamental rights specified in Articles 54. -56.,
Paragraphs (2)-(4) of Article 57., Article 60., Articles
66. -69. and Article 70/E.
Article 9.
(1) The economy of Hungary is a market economy, in
which public and private property shall receive equal
consideration and protection under the law.
(2) The Republic of Hungary recognizes and supports
the right to enterprise and the freedom of competition
in the economy.
Article 10.
(1) Property of the State of Hungary is considered
national wealth.
(2) Fields of ownership and economic activity deemed
to be the sole domain of the State shall be defined
by law.
Article 11.
Enterprises and economic organizations owned by the
State shall conduct business in such manner and with
such responsibilities as defined by law.
Article 12.
(1) The State shall support co-operatives based on
voluntary association and shall recognize the autonomy
of such co-operatives.
(2) The State shall respect the property of local governments.
Article 13.
(1) The Republic of Hungary guarantees the right to
property.
(2) Expropriation shall only be permitted in exceptional
cases, when such action is in the public interest, and
only in such cases and in the manner stipulated by law,
with provision of full, unconditional and immediate
compensation.
Article 14.
The Constitution guarantees the right of inheritance.
Article 15.
The Republic of Hungary shall protect the institutions
of marriage and the family.
Article 16.
The Republic of Hungary shall make special efforts
to ensure a secure standard of living, instruction and
education for the young, and shall protect the interests
of the young.
Article 17.
The Republic of Hungary shall provide support for those
in need through a wide range of social measures.
Article 18.
The Republic of Hungary recognizes and shall implement
the individual’s right to a healthy environment.
Chapter II.
The Parliament
Article 19.
(1) The Parliament is the supreme body of State power
and popular representation in the Republic of Hungary.
(2) Exercising its rights based on the sovereignty of
the people, the Parliament shall ensure the constitutional
order of society and define the organization, orientation
and conditions of government.
(3) Within this sphere of authority, the Parliament
shall -
a) adopt the Constitution of the Republic of Hungary;
b) pass legislation;
c) define the country’s social and economic policy;
d) assess the balance of public finances, approve the
State Budget and its implementation;
e) decide on the Government’s program;
f) conclude international treaties of outstanding importance
to the foreign relations of the Republic of Hungary;
g) decide on the declaration of a state of war and on
the conclusion of peace;
h) declare a state of national crisis and establish
the National Defense Council, in the case of war, or
imminent danger of armed attack by a foreign power (danger
of war);
i) declare a state of emergency, in the case of armed
actions aimed at overturning constitutional order or
at the acquisition of exclusive control of public power,
in the case of acts of violence committed by force of
arms or by armed groups which gravely endanger lives
and property on a mass scale, and in the event of natural
or industrial disaster;
j) with the exceptions laid down in the Constitution,
rule on the use of the armed forces both abroad and
within the country, the deployment of foreign armed
forces in Hungary or in other countries from the territory
of Hungary, the participation of the armed forces in
peacekeeping missions, humanitarian operations in foreign
theaters, and the stationing of the armed forces abroad
or of foreign armed forces in Hungary;
k) elect the President of the Republic, the Prime Minister,
the members of the Constitutional Court, the Parliamentary
Ombudsmen, the President and Vice-Presidents of the
State Audit Office, the President of the Supreme Court
and the General Prosecutor;
l) upon recommendation made by the Government, which
shall first be submitted to the Constitutional Court
for its review, dissolve representative bodies of local
government whose actions have been found unconstitutional,
decide on the territory of counties, their designation
and seat, as well as the declaration of cities with
county-level rights and the establishment of the Districts
of the Capital;
m) exercise general amnesty.
(4) A majority of two-thirds of the votes of the Members
of Parliament shall be required for the decisions specified
in points g), h) and i) of Paragraph. 3.
(5)
(6) A majority of two-thirds of the votes of the Members
of Parliament in attendance shall be required for the
decision specified in point j) of Paragraph (3).
Article 19/A.
(1) Should the Parliament be obstructed in reaching
such decisions, the President of the Republic shall
have the right to declare a state of war, a state of
national crisis and establish the National Defense Council,
or to declare a state of emergency.
(2) The Parliament shall be considered to be obstructed
in reaching such decisions, if it is not in session
and convening it is impossible due to lack of time or
due to the events responsible for the declaration of
the state of war, state of national crisis or state
of emergency.
(3) The Speaker of Parliament, the President of the
Constitutional Court and the Prime Minister shall jointly
determine whether the Parliament is obstructed, and
whether a declaration of a state of war, a state of
national crisis or a state of emergency is justified.
(4) At its first meeting following the end of the obstruction,
the Parliament shall review the justification of the
declaration of a state of war, state of national crisis
or state of emergency, and shall rule on the legality
of the measures taken. A majority of two-thirds of the
votes of the Members of Parliament is required for this
decision.
Article 19/B.
(1) During a state of martial law, the National Defense
Council shall decide
a) on the use of the armed forces abroad and within
the country, the participation of the armed forces in
peacekeeping missions, humanitarian operations in foreign
theaters, and the stationing of armed forces in a foreign
country,
b) on the deployment of foreign armed forces in Hungary
or in other countries from the territory of Hungary,
and on the stationing of foreign armed forces in Hungary,
c) on the introduction of emergency measures as defined
in a separate law.
(2) The National Defense Council is chaired by the President
of the Republic, and is composed of the following members:
the Speaker of Parliament, the floor leaders of the
political parties represented in Parliament, the Prime
Minister, the Ministers, and the Chief of Staff of the
Hungarian Armed Forces with the right of consultation.
(3) The National Defense Council shall exercise -
a) the powers transferred to it by the Parliament;
b) the powers of the President of the Republic;
c) the powers of the Government.
(4) The National Defense Council may pass decrees, which
may suspend the application of certain laws or which
may deviate from the provisions of certain laws. Furthermore,
it may take other extraordinary measures, but may not,
however, suspend the application of the Constitution.
(5) Decrees passed by the National Defense Council shall
lose validity upon cessation of the state of national
crisis, unless the Parliament extends the validity of
such decrees.
(6) The operation of the Constitutional Court may not
be restricted during a state of national crisis.
Article 19/C.
(1) Should Parliament be obstructed upon declaration
of a state of emergency, the President of the Republic
shall decide on the use of the armed forces under Subsection
(2) of Section 40/B.
(2) The President of the Republic shall introduce emergency
measures, which are defined in a separate law, by decree
during a state of emergency.
(3) The President of the Republic shall immediately
inform the Speaker of Parliament of any emergency measures
that have been introduced. The Parliament or, should
the Parliament be obstructed, the Parliamentary Defense
Committee shall remain in session during a state of
emergency. The Parliament, or the Parliamentary Defense
Committee, shall have the right to suspend emergency
measures introduced by the President of the Republic.
(4) Emergency measures introduced by decree shall remain
in force for a period of thirty days, unless the Parliament
or, should the Parliament be obstructed, the Parliamentary
Defense Committee extends their validity.
(5) In other respects the regulations pertaining to
a state of national crisis shall apply to a state of
emergency.
Article 19/D.
A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law specifying
the detailed regulations to be applied during a state
of national crisis and a state of emergency.
Article 19/E.
(1) In the event that the territory of Hungary is subject
to an unexpected attack by foreign armed units, immediate
action shall, in accordance with the defense plan approved
by the Government and the President of the Republic,
be taken - with forces that are commensurate to the
gravity of the attack and equipped for such a role -
prior to the declaration of a state of emergency or
a state of martial law in order to repel such attack,
defend the territorial integrity of the country with
the active air and air defense forces of the Hungarian
and allied armed forces, ensure constitutional order
and the security of lives and property, protect public
order and safety.
(2) In the interest of determining further measures
to be taken, the Government shall immediately inform
the Parliament and the President of the Republic on
the measures taken on the basis of Paragraph (1).
(3) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law specifying
the regulations applicable to immediate measures to
be taken by the Government.
Article 20.
(1) The general election of Members of Parliament -
with the exception of elections held due to the declaration
of the Parliament's dissolution or the Parliament having
been dissolved - shall be held in the month of April
or May in the fourth year following the election of
the previous Parliament.
(2) Members of Parliament shall carry out their duties
in the public interest.
(3) Members of Parliament are granted parliamentary
immunity, in accordance with the regulations of the
law defining the legal status of Members of Parliament.
(4) Members of Parliament are entitled to compensation
adequate to ensure their independence, to specified
allowances and to reimbursement of their expenses. A
majority of two-thirds of the votes of the Members of
Parliament present is required to pass the law on the
amount of compensation, reimbursement of expenses and
allowances.
(5) A Member of Parliament may not be the President
of the Republic, a member of the Constitutional Court,
the Ombudsman for Civil Rights, the President, Deputy
President or auditor of the State Audit Office, a judge
or prosecutor, an employee of a public administration
body - with the exception of the Members of the Government
and Parliamentary State Secretaries - nor a professional
member of the armed forces, the police or other security
organs. Other cases of conflict of interest may be established
by law.
(6) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the legal status of Members of Parliament.
Article 20/A.
(1) The mandate of a Member of Parliament shall end
-
a) upon completion of the term of Parliament;
b) upon the death of the Member of Parliament;
c) upon declaration of a conflict of interest;
d) upon resignation;
e) upon disfranchisement.
(2) A majority of two-thirds of the votes of the Members
of Parliament present shall be required for the Parliament
to establish a conflict of interest.
(3) Members of Parliament may resign their mandate by
making a statement to this effect to the Parliament.
A statement of acceptance by the Parliament is not required
for the resignation to be effective.
Article 21.
(1) The Parliament shall elect the Speaker of Parliament,
Deputy Speakers and Clerks from among its Members.
(2) The Parliament shall establish standing committees
from among its members and may delegate a committee
for the investigation of any issue whatsoever.
(3) Everyone is obliged to provide Parliamentary Committees
with the information requested and is obliged to testify
before such committees.
Article 22.
(1) The Parliament shall hold two regular sessions
annually: every year from the 1st of February through
the 15th of June and from the 1st of September through
the 15th of December.
(2) The inaugural sitting of the Parliament shall be
convened by the President of the Republic within a period
of one month following the elections; in other cases
the Speaker of Parliament is responsible for convening
sessions of the Parliament and its individual sittings.
(3) Upon written request by the President of the Republic,
the Government or one-fifth of the Members of Parliament,
an extraordinary sitting of the Parliament shall be
convened. Such request shall contain the grounds for
convening the extraordinary sitting, as well as the
proposed date and agenda.
(4) The Parliament may be adjourned by the President
of the Republic no more than once per parliamentary
session and for a period not to exceed thirty days.
(5) During the period of adjournment the Speaker of
Parliament shall re-convene the Parliament, at a date
no later than eight days following the receipt of a
written request to this effect, signed by one-fifth
of the Members of Parliament.
Article 23.
Sittings of the Parliament are open to the public.
Upon petition by the President of the Republic, the
Government or any Member of Parliament and with the
assent of two-thirds of its Members, the Parliament
may decide to hold a closed sitting.
Article 24.
(1) The Parliament has a quorum if no less than half
of its members are present.
(2) The Parliament shall pass decisions with a majority
of one-half of the votes of the Members of Parliament
present.
(3) A majority of two-thirds of the votes of the Members
of Parliament is required to amend the Constitution
and for certain decisions specified therein.
(4) The Parliament shall establish its rules of procedure
and speaking order in the House Rules. A majority of
two-thirds of the votes of the Members of Parliament
present is required to pass the House Rules.
(5)
Article 25.
(1) Legislation may be initiated by the President of
the Republic, the Government, all Parliamentary Committees,
and any Member of Parliament.
(2) The authority to pass legislation is vested in the
Parliament.
(3) The Speaker of Parliament shall sign laws which
have been passed by the Parliament and subsequently
send such laws to the President of the Republic.
Article 26.
(1) The President of the Republic shall ensure promulgation
of the law within a period of fifteen days following
its receipt, or within a period of five days if the
Speaker of Parliament requests that the issue be accorded
urgency. The President of the Republic shall ratify
the law sent for promulgation. The law shall be promulgated
in the Official Gazette.
(2) Should the President of the Republic disagree with
a law or with any provision of a law, prior to ratification,
he shall refer such law, along with his comments, to
the Parliament for reconsideration within the period
of time specified in Par. (1).
(3) The Parliament shall debate the law again and hold
another vote on its passage. The President of the Republic
is required to ratify and promulgate the law sent to
him by the Speaker of Parliament following this procedure,
within a period of five days.
(4) Should the President of the Republic have reservations
about the constitutionality of any provision of a law,
he may refer such law to the Constitutional Court for
review within the period of time specified in Par. (1)
prior to ratification.
(5) Should the Constitutional Court - in special proceedings
- determine the law to be unconstitutional, the President
of the Republic shall refer such law to the Parliament;
otherwise he shall ratify and promulgate the law within
a period of five days.
(6) The President of the Republic shall ratify the law
subject to national referendum if such law is confirmed
by the national referendum.
Article 27.
Any Member of Parliament may direct a question to the
Ombudsman for Civil Rights and the Ombudsman for the
Rights of National and Ethnic Minorities, to the President
of the State Audit Office and the President of the National
Bank of Hungary, to the Government or any of the Members
of the Government, as well as to the General Prosecutor
on matters which fall within their respective sphere
of authority.
Article 28.
(1) The term of Parliament commences from its inaugural
sitting.
(2) The Parliament has the right to declare its dissolution
prior to the completion of its term.
(3) The President of the Republic has the right to dissolve
the Parliament, simultaneously with the announcement
of new elections, if -
a) the Parliament passes a motion of no-confidence in
the Government on no less than four occasions in a period
of twelve months during the course of one term, or;
b) in the event that the mandate of the Government ends,
a candidate for Prime Minister proposed by the President
of the Republic is not elected by the Parliament within
a period of forty days from the day upon which the first
candidate is nominated.
(4)
(5) Prior to dissolving the Parliament, the President
of the Republic is required to request the opinions
of the Prime Minister, the Speaker of Parliament and
the floor leaders of the parties represented in the
Parliament.
(6) A new Parliament shall be elected within a period
of three months following the declaration of the Parliament's
dissolution or the Parliament having been dissolved.
(7) The Parliament shall continue to operate until the
inaugural sitting of the new Parliament.
Article 28/A.
(1) During a state of national crisis or a state of
emergency the Parliament may neither declare its dissolution
nor be dissolved.
(2) Should a term of Parliament expire during a state
of national crisis or a state of emergency, its mandate
shall be extended until the cessation of the state of
national crisis or state of emergency.
(3) During a state of war, the danger of war or an emergency,
the President of the Republic may reconvene a Parliament
which has declared its dissolution or which has been
dissolved. The Parliament itself shall pass a resolution
on the extension of its mandate.
Article 28/B.
(1) The subject of national referenda or popular initiatives
may fall under the jurisdiction of the Parliament.
(2) A majority of two-thirds of the votes of the Members
of Parliament present shall be required for the Parliament
to pass the law on national referenda and popular initiatives.
Article 28/C.
(1) A national referendum may be held for reaching
a decision or for an expression of opinion. Carrying
out a national referendum may be mandatory or may be
the result of the consideration of a matter.
(2) A national referendum shall be held if so initiated
by at least 200,000 voting citizens.
(3) If a national referendum is mandatory, the result
of the successfully held national referendum shall be
binding for the Parliament.
(4) Based on its consideration, the Parliament may order
a national referendum upon the initiative by the President
of the Republic, the Government, by one-third of Members
of the Parliament or by 100,000 voting citizens.
(5) National referendum may not be held on the following
subjects:
a) on laws on the central budget, the execution of the
central budget, taxes to the central government and
duties, customs tariffs, and on the central government
conditions for local taxes,
b) obligations set forth in valid international treaties
and on the contents of laws prescribing such obligations,
c) the provisions of the Constitution on national referenda
and popular initiatives,
d) personnel and restructuring (reorganization, termination)
matters falling under Parliamentary jurisdiction,
e) dissolution of the Parliament,
f) the Government's program,
g) declaration of a state of war, a state of emergency
or a state of national crisis,
h) use of the Armed Forces abroad or within the country,
i) dissolution of the representative body of local governments,
j) amnesty.
(6) A national ratification referendum shall be considered
successful if more than half of the votes of the citizens
voting are valid, but at least more than one-quarter
of all eligible voters have given the same answer in
the referendum.
Article 28/D.
At least 50,000 voting citizens are required for a
national popular initiative. A national popular initiative
may be for the purpose of forcing the Parliament to
place a subject under its jurisdiction on the agenda.
The Parliament shall debate the subject defined by the
national popular initiative.
Article 28/E.
In order to call a national referendum, signatures
may be collected for a period of four months in the
case of a civic initiative, and for a period of two
months in the case of a national popular initiative.
Chapter III.
The President of the Republic
Article 29.
(1) Hungary’s Head of State is the President of the
Republic, who represents the unity of the nation and
monitors the democratic operation of the State.
(2) The President of the Republic is the Commander in
Chief of the armed forces.
Article 29/A.
(1) The Parliament shall elect the President of the
Republic for a term of five years.
(2) Any enfranchised Hungarian citizen who has reached
the age of thirty-five prior to the date of the election
may be elected to the office of President of the Republic.
(3) The President of the Republic may be re-elected
to such office no more than once.
Article 29/B.
(1) The election of the President of the Republic shall
be preceded by the nomination of a candidate. The written
recommendation of no less than fifty Members of Parliament
is required for such a nomination to be valid. The nomination
must be submitted to the Speaker of Parliament prior
to the announcement of the election. No Member of Parliament
may nominate more than one candidate. If a Member of
Parliament nominates more than one candidate, all nominations
made by the Member shall be invalid.
(2) The Parliament shall elect the President of the
Republic by secret ballot. Voting may be repeated should
this prove necessary. The candidate who receives a majority
of two-thirds of the votes of the Members of Parliament
in the first round of voting is elected President of
the Republic.
(3) Should no candidate receive such a majority in the
first round of voting, the voting process must be repeated,
in accordance with Par. (1). A majority of two-thirds
of the votes of the Members of Parliament shall also
be required to be elected in the second round of voting.
(4) Should no candidate win the required majority in
the second round of voting, a third round of voting
shall be held. In the third round of voting only those
two candidates who received the largest numbers of votes
in the second round may stand for election. The candidate
receiving a majority of the votes - regardless of the
number of votes cast - in the third round of voting
is elected President of the Republic.
(5) The election procedure shall be completed within
a period of no more than three consecutive days.
Article 29/C.
(1) The President of the Republic must be elected within
a period of 30 days prior to the expiration of the President’s
mandate or, should the President’s mandate end prematurely,
within 30 days from the date upon which the mandate
ends.
(2) The Speaker of Parliament shall announce the elections
for the office of President of the Republic.
Article 29/D.
The newly elected President of the Republic shall enter
office upon expiration of the previous President’s mandate
or, should the President’s mandate end prematurely,
on the eighth day following the announcement of the
result of the elections. Prior to entering office, the
President of the Republic shall take an oath before
Parliament.
Article 29/E.
(1) In the event that the President should be temporarily
prevented from attending to his duties, or that his
mandate should for any reason end prematurely, the Speaker
of Parliament shall exercise the powers of the President
of the Republic until the newly elected President enters
office. Such powers are limited to the extent that the
Speaker may not refer laws to the Parliament for consideration,
nor to the Constitutional Court for review, may not
dissolve the Parliament, and may only grant pardons
to individuals upon whom final conviction has been passed.
(2) While acting as the President of the Republic, the
Speaker of Parliament may not exercise his powers as
a Member of Parliament, and his duties as Speaker of
Parliament shall be attended to by the Deputy Speaker
of Parliament designated by the Parliament.
Article 30.
(1) The office of President of the Republic is incompatible
with all other public, social and political offices
or mandates. The President of the Republic shall not
be otherwise gainfully employed and shall not accept
remuneration for other activities, with the exception
of such activities which fall under the protection of
copyright.
(2) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the amount of compensation, allowances and reimbursement
due to the President of the Republic.
Article 30/A.
(1) The President of the Republic shall -
a) represent the State of Hungary;
b) conclude international treaties in the name of the
Republic of Hungary; if the subject of the treaty falls
within its legislative competence, prior ratification
by the Parliament is necessary for conclusion of the
treaty;
c) accredit and receive ambassadors and envoys;
d) announce general parliamentary and local government
elections, mayoral elections as well as the dates of
the European parliamentary elections and national referenda;
e) have the right to participate in and speak at sittings
of the Parliament and of its committees;
f) have the right to petition the Parliament to take
action;
g) have the right to initiate national referenda;
h) appoint and dismiss State Secretaries, in accordance
with regulations specified in a separate law;
i) appoint and dismiss the President and Vice-Presidents
of the National Bank of Hungary, and university professors
upon the recommendation of persons or organizations
specified in a separate law; appoint and dismiss the
university rectors; appoint and promote Generals of
the armed forces; confirm the President of the Hungarian
Academy of Sciences;
j) confer titles, orders, awards and decorations specified
by law and authorize the use thereof;
k) exercise the right to grant individual pardons;
l) issue rulings in cases of citizenship;
m) issue rulings in all issues assigned to his sphere
of authority on the basis of separate laws.
(2) The counter-signature of the Prime Minister or responsible
Minister is required for all of the measures and actions
of the President of the Republic listed in Paragraph
(1), with the exception of the items specified in Points
a), d), e), f) and g).
Article 31.
(1) The mandate of the President of the Republic shall
end -
a) upon completion of the term of office;
b) upon the death of the President;
c) upon incapacitation preventing him from attending
to his duties for a period of more than ninety days;
d) upon declaration of a conflict of interest;
e) upon resignation;
f) upon removal from the office of President.
(2) Should grounds for a conflict of interest [Article
30, Par. (1)] involving the President of the Republic
arise during his term of office, any Member of Parliament
may petition the Parliament to decide on a declaration
of a conflict of interest. A majority of two-thirds
of the votes of the Members of Parliament is necessary
to carry such a resolution. Voting shall be held by
secret ballot.
(3) The President of the Republic may resign from office
by addressing a statement to this effect to the Parliament.
A statement of acceptance on behalf of the Parliament
is required for the resignation to be valid. Within
a period of fifteen days the Parliament may request
that the President of the Republic reconsider the decision.
Should the President of the Republic stand by the decision,
the Parliament may not deny recognition of his resignation.
(4) The President of the Republic may be removed from
office on the basis of an intentional violation of the
Constitution or any other law committed while in office.
Article 31/A.
(1) The person of the President of the Republic is
inviolable; protection from criminal prosecution shall
be granted by a separate law.
(2) Should the President of the Republic violate the
Constitution or any other law while in office, a motion
supported by one-fifth of the Members of Parliament
may propose that impeachment proceedings be initiated
against the President of the Republic.
(3) A majority of two-thirds of the votes of the Members
of Parliament is required to initiate impeachment proceedings.
Voting shall be held by secret ballot.
(4) From passage of this resolution by the Parliament
until the conclusion of the impeachment proceedings,
the President of the Republic may not attend to any
of the duties of his office.
(5) The Constitutional Court shall have jurisdiction
in such cases.
(6) Should the Constitutional Court determine that the
law was violated, it shall have the authority to remove
the President of the Republic from office.
(7)-(8)
Article 32.
(1) If impeachment proceedings are initiated against
the President of the Republic on the basis of an indictable
offense committed in connection with official activities
while in office, then the Constitutional Court shall
also apply the basic provisions of criminal prosecution
in its proceedings. The prosecution shall be represented
by a Special Prosecutor elected from among the Members
of Parliament.
(2) In other cases, criminal proceedings against the
President of the Republic may only be initiated subsequent
to the end of his term of office.
(3) Should the Constitutional Court find the President
of the Republic guilty of an intentional criminal offense,
it may remove the President of the Republic from office
and simultaneously apply any punishment and measures
prescribed for such offense in the Penal Code.
Chapter IV.
The Constitutional Court
Article 32/A.
(1) The Constitutional Court shall review the constitutionality
of laws and attend to the duties assigned to its jurisdiction
by law.
(2) The Constitutional Court shall annul any laws and
other statutes that it finds to be unconstitutional.
(3) Everyone has the right to initiate proceedings of
the Constitutional Court in the cases specified by law.
(4) The Constitutional Court shall consist of eleven
members who are elected by the Parliament. Members of
the Constitutional Court shall be nominated by the Nominating
Committee which shall consist of one member of each
political party represented in the Parliament. A majority
of two-thirds of the votes of the Members of Parliament
is required to elect a member of the Constitutional
Court.
(5) Members of the Constitutional Court may not be members
of a political party and may not engage in any political
activities outside of the responsibilities arising from
the Constitutional Court’s sphere of jurisdiction.
(6) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law regulating
the organization and operation of the Constitutional
Court.
Chapter V.
The Parliamentary Ombudsman
for Civil Rights and the Parliamentary Ombudsman for
the Rights of National and Ethnic Minorities
Article 32/B.
(1) The Parliamentary Ombudsman for Civil Rights is
responsible for investigating or initiating the investigation
of cases involving the infringement of constitutional
rights which come to his attention and initiating general
or specific measures for their remedy.
(2) The Parliamentary Ombudsman for the Rights of National
and Ethnic Minorities is responsible for investigating
or initiating the investigation of cases involving the
infringement of the rights of national or ethnic minorities
which come to his attention and initiating general or
specific measures for their remedy.
(3) Everyone has the right to initiate proceedings by
the Parliamentary Ombudsmen in the cases specified by
law.
(4) The Parliamentary Ombudsmen for Civil Rights and
for the Rights of National and Ethnic Minorities shall
be elected by a majority of two-thirds of the votes
of the Members of Parliament, based on the recommendation
made by the President of the Republic. The Parliament
may also elect special Ombudsmen for the protection
of individual constitutional rights.
(5)
(6) The Parliamentary Ombudsmen shall present the Parliament
with an annual report on their activities.
(7) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
Parliamentary Ombudsmen.
Chapter VI.
The State Audit Office and the
National Bank of Hungary
Article 32/C.
(1) The State Audit Office is the organ of Parliament
responsible for financial and economic auditing. Within
its sphere of authority the State Audit Office shall
control the management of public finances, in the course
of which it shall review the fundamental soundness of
the proposed State Budget, review the necessity and
expediency of expenditures, and countersign contracts
pertaining to the assumption of credits for the Budget;
it shall review the legality of proposed State Budget
expenditures in advance; it shall audit the final accounts
of the implementation of the State Budget; it shall
monitor the management of State assets, audit state-owned
enterprises and their activities directed at the maintenance
or increase of the value of their assets; it shall attend
to other duties assigned to its sphere of authority
by law.
(2) The State Audit Office shall carry out its review
and control activities bearing in mind the aspects of
legality, expediency and efficiency. The State Audit
Office shall present the Parliament with a report on
the auditing activities it has carried out. Its report
shall be made public. The President of the State Audit
Office shall present the Parliament with the audit report
on the final accounts together with the final accounts
themselves.
(3) A majority of two-thirds of the votes of the Members
of Parliament is required to elect the President and
Vice-Presidents of the State Audit Office.
(4) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the organization and basic principles of operation of
the State Audit Office.
Article 32/D.
(1) The National Bank of Hungary is the central bank
of the Republic of Hungary. The National Bank of Hungary
shall define the country’s monetary policy in accordance
with the provisions of specific other legislation.
(2) The President of the National Bank of Hungary is
appointed by the President of the Republic for a term
of six years.
(3) The President of the National Bank of Hungary shall
present the Parliament with a report on the activities
of the National Bank once every year.
(4) The president of the National Bank of Hungary shall,
within the framework of his responsibilities and duties,
issue decrees, which may not be contradictory to any
act of Parliament. These decrees shall be promulgated
in the official journal.
Chapter VII.
The Government
Article 33.
(1) The Government shall consist of -
a) the Prime Minister and
b) the Ministers.
(2) The Prime Minister shall designate a Minister to
act as Deputy Prime Minister.
(3) The Prime Minister shall be elected by a majority
of the votes of the Members of Parliament, based on
the recommendation made by the President of the Republic.
The Parliament shall hold the vote on the election of
the Prime Minister and on the passage of the Government’s
program at the same time.
(4) The Ministers shall be appointed and dismissed by
the President of the Republic, based on the recommendation
made by the President of the Republic.
(5) The Government is formed upon appointment of the
Ministers. Subsequent to its formation, the Members
of the Government shall take an oath before Parliament.
Article 33/A.
The Government’s mandate shall end -
a) upon formation of the newly elected Parliament;
b) upon resignation of the Prime Minister or the Government;
c) upon the death of the Prime Minister;
d) upon disfranchisement of the Prime Minister,
e) upon establishment of a conflict of interest on the
part of the Prime Minister, or
f) if the Parliament passes a motion of no-confidence
in the Prime Minister and elects a new Prime Minister
in accordance with the provisions of Par. (1), Article
39/A.
Article 33/B.
The Minister's term shall cease -
a) upon completion of the Government's term,
b) upon the Minister's resignation,
c) upon the Minister's dismissal,
d) upon the death of the Minister,
e) upon disfranchisement of the Minister,
f) upon declaration of a conflict of interest.
Article 34.
The list of Ministries of the Republic of Hungary shall
be contained in a separate law.
Article 35.
(1) The Government shall -
a) defend constitutional order, and defend and ensure
the rights of the natural person, legal persons and
unincorporated organizations;
b) ensure the implementation of laws;
c) direct and co-ordinate the work of the Ministries
and other organs placed under its direct supervision;
d) ensure that the legal operation of local government
is monitored, in co-operation with the Minister of the
Interior;
e) ensure the formulation of social and economic policies
and the implementation thereof;
f) define State responsibilities in the development
of science and culture, and ensure the necessary conditions
for the implementation thereof;
g) define the State system of social welfare and health
care services, and ensure sufficient funds for such
services;
h) supervise the operation of the armed forces and of
the police and other security organs;
i) take the measures necessary to limit and alleviate
the consequences of natural disasters that endanger
lives and property (hereinafter referred to as a state
of danger) and to maintain public order and safety;
j) participate in the development of foreign policy;
conclude international treaties in the name of the Government
of the Republic of Hungary;
k) represent the Republic of Hungary in the institutions
of the European Union that require government participation;
l) attend to those responsibilities assigned to its
sphere of authority by law.
(2) Within its sphere of authority, the Government shall
issue decrees and pass resolutions, which shall be signed
by the Prime Minister. Government decrees and resolutions
may not conflict with the law. Government decrees shall
be promulgated in the Official Gazette.
(3) In a state of danger the Government, if authorized
to do so by the Parliament, may issue decrees and pass
resolutions which deviate from the provisions of certain
laws. A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law establishing
the regulations to be applied in a state of danger.
(4) With the exception of legal statutes, the Government
shall annul or amend all legally irreconcilable resolutions
or measures taken by any subordinate public authorities.
Article 35/A.
(1) In all matters in connection with European integration,
the detailed rules governing the oversight powers of
Parliament or its committees, the relationship between
Parliament and the Government, and the Government’s
obligation to disclose information shall be enacted
by a two-thirds vote of those Members of Parliament
present.
(2) The Government shall present to Parliament the motions
that are on the agenda of the decision-making mechanism
of those institutions of the European Union that require
government participation.
Article 36.
In the course of fulfilling its responsibilities, the
Government shall co-operate with the relevant social
organizations.
Article 37.
(1) The Prime Minister shall preside over sessions
of Government and shall ensure the implementation of
Government decrees and resolutions.
(2) The Ministers shall head the branches of public
administration falling within their respective portfolios
and direct the public authorities they are responsible
for in accordance with the law and Government resolutions.
Ministers without Portfolio shall attend to the responsibilities
determined by the Government.
(3) In the course of administering their duties, Members
of the Government may issue decrees. Such decrees, however,
may not stand in conflict with the law or with Government
decrees or resolutions. Decrees shall be promulgated
in the Official Gazette.
Article 38.
Article 39.
(1) The Government is responsible to the Parliament
for its operation and is required to furnish the Parliament
with regular reports on its work.
(2) Members of the Government are responsible to the
Government and to the Parliament and shall provide the
Government and the Parliament with reports on their
activities. The legal status, compensation and method
of accountability of Members of the Government and State
Secretaries shall be regulated by law.
(3) Members of the Government may participate and speak
at sittings of Parliament.
Article 39/A.
(1) A motion of no-confidence in the Prime Minister
may be initiated by a written petition, which includes
the nomination for a candidate for the office of Prime
Minister, by no less than one-fifth of the Members of
Parliament. A motion of no-confidence in the Prime Minister
is considered a motion of no-confidence in the Government
as well. Should, on the basis of this motion, the majority
of the Members of Parliament withdraw their confidence,
then the candidate nominated for Prime Minister in the
motion shall be considered to have been elected.
(2) The debate and vote on the motion of no-confidence
shall be held no earlier than three days from the date
of proposal and no later than eight days from the date
of proposal.
(3) The Government, via the Prime Minister, may propose
a vote of confidence in accordance with the period of
time specified in Paragraph (2).
(4) The Government, via the Prime Minister, may propose
that the vote on the motion it has made simultaneously
be considered as a vote of confidence.
(5) Should the Parliament fail to give the Government
a vote of confidence in accordance with the provisions
of Paragraphs (3)-(4), the Government shall resign.
Article 39/B.
Should the mandate of the Government end, the Government
shall remain in office until the formation of the new
Government and shall continue to exercise the rights
accorded to it; the Government, however, may not conclude
international treaties and may only issue decrees with
the express authorization of a law, in cases when delay
is not permissible.
Article 39/C.
(1) If the term of the Prime Minister is terminated
upon formation of the newly elected Parliament or upon
the resignation of the Prime Minister or the Government,
the Prime Minister shall remain in office as an interim
Prime Minister until the new Prime Minister is elected,
but may not motion for the nomination or dismissal of
ministers and may only issue decrees upon the express
authorization of law in urgent cases.
(2) If the term of the Prime Minister is terminated
due his death, disfranchisement or upon declaration
of a conflict of interest, the minister appointed by
the Prime Minister for his office shall hold, with the
restrictions defined in Subsection (1), the Prime Minister's
office until the new Prime Minister is elected; or the
minister appointed on the first place if more than one
minister have been appointed.
Article 40.
(1) The Government has the right to form committees
for specific responsibilities.
(2)
(3) The Government has the right to place any branch
of public administration under its direct supervision
and create separate government bodies for this purpose.
Chapter IX.
Local Governments
Article 41.
(1) The territory of the Republic of Hungary is divided
into the following administrative units: the capital,
the counties, the cities and communities.
(2) The capital is divided into districts. Districts
may be formed in cities as well.
Article 42.
Eligible voters of the communities, cities, the capital
and its districts, and the counties have the right to
local government. Local government refers to independent,
democratic management of local affairs and the exercise
of local public authority in the interests of the local
population.
Article 43.
(1) The fundamental rights of all local governments
(see Article 44/A.) are equal. The duties of local governments
may differ.
(2) The rights and duties of local governments shall
be determined by law. The lawful exercise of the powers
of local government is afforded the legal protection
of the courts and any local government may appeal to
the Constitutional Court for the protection of its rights.
Article 44.
(1) Eligible voters exercise the right to local government
through the representative body that they elect and
by way of local referendum.
(2) With the exception of mid-term elections, the mayor
and the members of local representative bodies shall
be elected in the month of October in the fourth year
following the previous general elections.
(3) The mandate of the representative body shall expire
on the day of the general local government elections.
If no elections are held due to the lack of nominees,
the mandate of the representative body shall extend
to the day of the mid-term elections. The mandate of
the mayor shall expire upon the election of the new
mayor.
(4) A representative body may declare its dissolution
prior to the expiration of its mandate and in accordance
with the conditions stipulated in the law on local governments.
Upon dissolution of the body [Article 19, Paragraph
(3), Point l)] the mandate of the Mayor also ends.
Article 44/A.
(1) The local representative body -
a) shall independently manage and administrate the affairs
of local government and its decisions may only be reviewed
with respect to their legality;
b) shall exercise the rights of ownership in the assets
of local government, independently manage local government
revenues, and may undertake business activities at its
own liability;
c) shall be entitled to its own revenues for attending
to the duties of local government as prescribed by law,
and shall furthermore be entitled to state support commensurate
to the scope of such duties;
d) shall determine the types and rates of local taxes
in accordance with the framework established by law;
e) shall independently establish its own organization
and rules of procedure in accordance with the framework
established by law;
f) may develop symbols and emblems of government, and
establish local honors and titles;
g) may present proposals to the authorities responsible
for decisions that affect the local population;
h) may freely merge with other local representative
bodies and create associations of local government for
the representation of their interests, may co-operate
with the local governments of other countries and may
be a member of international associations of local government.
(2) Local representative bodies may issue decrees, which
may not conflict with legal statutes of a superior order.
Article 44/B.
(1) The Mayor is the chairman of the local representative
body. The representative body may elect committees and
create offices.
(2) In exceptional cases the Mayor may attend to state
administrative duties and authorities in addition to
his responsibilities of local government, in accordance
with the law or a government decree authorized by law.
(3) State administrative duties and authority may be
assigned to the Clerk of local representative bodies
and in exceptional cases to the Director of the Office
of Local Government.
Article 44/C.
A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
local governments. The fundamental rights of local governments
may be restricted by a law which also requires a two-thirds
majority.
Chapter X.
The Judiciary
Article 45.
(1) In the Republic of Hungary justice is administered
by the Supreme Court of the Republic of Hungary, the
appeals courts, the Municipal Court of Budapest, the
county courts and the local and labor courts.
(2) Special courts for specific groups of cases may
be established by law.
Article 46.
(1) The courts shall, unless otherwise prescribed
by law, administer justice through councils.
(2) Non-professional judges shall also participate in
the cases and in the manner prescribed by law.
(3) Only professional judges may fill the office of
single judges and presidents of council.
Article 47.
(1) The Supreme Court is the supreme court authority
for justice of the Republic of Hungary.
(2) The Supreme Court shall assure the uniformity of
the administration of justice by the courts and its
resolutions concerning uniformity shall be binding for
all courts.
Article 48.
(1) Based on the recommendation made by the President
of the Republic, the Parliament shall elect the President
of the Supreme Court; based on the recommendation made
by the President of the Supreme Court, the President
of the Republic shall appoint the Deputy Presidents
of the Supreme Court. A majority of two-thirds of the
votes of the Members of Parliament is required to elect
the President of the Supreme Court.
(2) The President of the Republic shall appoint professional
judges in the manner specified by law.
(3) Judges may only be removed from office on the grounds
and in accordance with the procedures specified by law.
Article 49.
Article 50.
(1) The courts of the Republic of Hungary shall protect
and uphold constitutional order, as well as the rights
and lawful interests of natural person, legal persons
and unincorporated organizations, and shall determine
the punishment for those who commit criminal offenses.
(2) The courts shall review the legality of the decisions
of public administration.
(3) Judges are independent and answer only to the law.
Judges may not be members of political parties and may
not engage in political activities.
(4) Administration of the courts shall be exercised
by the National Council of Justice; self-government
bodies for the representation of judges shall also participate
in such administration.
(5) A majority of two-thirds of the votes of the Members
of Parliament present shall be required for the Parliament
to pass the laws on the structure and supervision of
courts and on the legal status and remuneration of judges.
Chapter XI.
The Office of the Public Prosecutor
Article 51.
(1) The General Prosecutor and the Office of the Public
Prosecutor of the Republic of Hungary ensure the protection
of the rights of the natural person, legal persons and
unincorporated organizations, maintain constitutional
order and shall prosecute to the full extent of the
law any act which violates or endangers the security
and independence of the country.
(2) The Office of the Public Prosecutor shall exercise
rights specified by law in connection with investigations,
shall represent the prosecution in court proceedings,
and shall be responsible for the supervision of the
legality of penal measures.
(3) The Office of the Public Prosecutor shall help to
ensure that everybody comply with the law. When the
law is violated, the Office of the Public Prosecutor
shall act to uphold the law in the cases and manner
specified by law.
Article 52.
(1) The Parliament shall elect a candidate for General
Prosecutor upon the recommendation made by the President
of the Republic; the President of the Republic shall
appoint the Deputies to the General Prosecutor on the
basis of the recommendation made by the General Prosecutor.
(2) The General Prosecutor shall answer to the Parliament
and shall provide a report on his activities.
Article 53.
(1) Public prosecutors are appointed by the General
Prosecutor of the Republic of Hungary.
(2) Public prosecutors may not be members of political
parties and may not engage in political activities.
(3) The Office of the Public Prosecutor is directed
by the General Prosecutor.
(4) The regulations pertaining to the Office of the
Public Prosecutor shall be determined by law.
Chapter XII.
Fundamental Rights and Duties
Article 54.
(1) In the Republic of Hungary everyone has the inherent
right to life and to human dignity. No one shall be
arbitrarily denied of these rights.
(2) No one shall be subject to torture or to cruel,
inhuman or humiliating treatment or punishment. Under
no circumstances shall anyone be subjected to medical
or scientific experiments without his prior consent.
Article 55.
(1) In the Republic of Hungary everyone has the right
to freedom and personal security; no one shall be deprived
of his freedom except on the grounds and in accordance
with the procedures specified by law.
(2) Any individual suspected of having committed a criminal
offense and held in detention shall either be released
or shall be brought before a judge within the shortest
possible period of time. The judge is required to grant
the detained individual a hearing and shall immediately
prepare a written ruling with a justification for either
releasing the detainee or having the individual placed
under arrest.
(3) Any individual subject to illegal arrest or detainment
is entitled to compensation.
Article 56.
In the Republic of Hungary everyone is legally capable.
Article 57.
(1) In the Republic of Hungary everyone is equal before
the law and has the right to have the accusations brought
against him, as well as his rights and duties in legal
proceedings, judged in a just, public trial by an independent
and impartial court established by law.
(2) In the Republic of Hungary no one shall be considered
guilty until a court has rendered a final legal judgment
determining criminal culpability.
(3) Individuals subject to criminal proceedings are
entitled to legal defense at all stages of the proceedings.
Defense lawyers may not be held accountable for opinions
expressed in the course of the defense.
(4) No one shall be declared guilty and subjected to
punishment for an offense that was not a criminal offense
under Hungarian law at the time such offense was committed.
(5) In the Republic of Hungary everyone may seek legal
remedy, in accordance with the provisions of the law,
to judicial, administrative or other official decisions,
which infringe on his rights or justified interests.
A law passed by a majority of two-thirds of the votes
of the Members of Parliament present may impose restrictions
on the right to legal remedy in the interest of, and
in proportion with, adjudication of legal disputes within
a reasonable period of time.
Article 58.
(1) Everyone legally staying or residing in the territory
of the Republic of Hungary - with the exception of the
cases established by law - has the right to move freely
and to choose his place of residence, including the
right to leave his domicile or the country.
(2) Foreigners legally residing in the territory of
the Republic of Hungary may only be deported on the
basis of a resolution reached in accordance with the
law.
(3) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the freedom of movement and residence.
Article 59.
(1) In the Republic of Hungary everyone has the right
to the good standing of his reputation, the privacy
of his home and the protection of secrecy in private
affairs and personal data.
(2) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the secrecy of personal data.
Article 60.
(1) In the Republic of Hungary everyone has the right
to freedom of thought, freedom of conscience and freedom
of religion.
(2) This right shall include the free choice or acceptance
of a religion or belief, and the freedom to publicly
or privately express or decline to express, exercise
and teach such religions and beliefs by way of religious
actions, rites or in any other way, either individually
or in a group.
(3) The church and the State shall operate in separation
in the Republic of Hungary.
(4) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the freedom of belief and religion.
Article 61.
(1) In the Republic of Hungary everyone has the right
to freely express his opinion, and furthermore to access
and distribute information of public interest.
(2) The Republic of Hungary recognizes and respects
the freedom of the press.
(3) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the public access to information of public interest
and the law on the freedom of the press.
(4) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the supervision of public radio, television and the
public news agency, as well as the appointment of the
directors thereof, on the licensing of commercial radio
and television, and on the prevention of monopolies
in the media sector.
Article 62.
(1) The Republic of Hungary recognizes the right to
peaceful assembly and shall ensure the free exercise
thereof.
(2) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the right of assembly.
Article 63.
(1) On the basis of the right of assembly, everyone
in the Republic of Hungary has the right to establish
organizations whose goals are not prohibited by law
and to join such organizations.
(2) The establishment of armed organizations with political
objectives shall not be permitted on the basis of the
right of assembly.
(3) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the right of assembly and the financial management and
operation of political parties.
Article 64.
In the Republic of Hungary everyone has the right to
present, individually or together with others, written
petitions or complaints to the relevant public authority.
Article 65.
(1) In accordance with the conditions established by
law, the Republic of Hungary shall, if neither their
country of origin nor another country provides protection,
extend the right of asylum to foreign citizens who,
in their native country or the country of their usual
place of residence, are subject to persecution on the
basis of race or nationality, their alliance with a
specific social group, religious or political conviction,
or whose fear of being subject to persecution is well
founded.
(2) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the right to asylum.
Article 66.
(1) The Republic of Hungary shall ensure the equality
of men and women in all civil, political, economic,
social and cultural rights.
(2) In the Republic of Hungary mothers shall receive
support and protection before and after the birth of
the child, in accordance with separate regulations.
(3) Separate regulations shall ensure the protection
of women and youth in the workplace.
Article 67.
(1) In the Republic of Hungary all children have the
right to receive the protection and care of their family,
and of the State and society, which is necessary for
their satisfactory physical, mental and moral development.
(2) Parents have the right to choose the form of education
given to their children.
(3) Separate regulations shall establish the responsibilities
of the State with regard to the situation and protection
of the family and youth.
Article 68.
(1) The national and ethnic minorities living in the
Republic of Hungary participate in the sovereign power
of the people: they represent a constituent part of
the State.
(2) The Republic of Hungary shall provide for the protection
of national and ethnic minorities and ensure their collective
participation in public affairs, the fostering of their
cultures, the use of their native languages, education
in their native languages and the use of names in their
native languages.
(3) The laws of the Republic of Hungary shall ensure
representation for the national and ethnic minorities
living within the country.
(4) National and ethnic minorities shall have the right
to form local and national bodies for self-government.
(5) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the rights of national and ethnic minorities.
Article 69.
(1) In the Republic of Hungary no one shall be denied
of his Hungarian citizenship against his will and no
Hungarian citizen may be expelled from the territory
of the Republic of Hungary.
(2) Hungarian citizens may always return to Hungary
from abroad.
(3) All Hungarian citizens are entitled to enjoy the
protection of the Republic of Hungary while legally
residing or staying abroad.
(4) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
citizenship.
Article 70.
(1) All adult Hungarian citizens residing in the territory
of the Republic of Hungary have the right to be elected
and the right to vote in Parliamentary elections; they
have the right, furthermore, to participate in national
referenda and popular initiatives.
(2) All adult Hungarian citizens residing in the territory
of the Republic of Hungary and all adult citizens of
other Member States of the European Union who reside
in the territory of the Republic of Hungary shall have
the right to be elected in local ballots for the election
of representatives and mayors; they shall have the right
to vote, provided that they are in the territory of
the Republic of Hungary on the day of the election or
referendum, and, furthermore, to participate in local
referenda and popular initiatives. Only Hungarian citizens
may be elected to the post of mayor in any local government
and the City of Budapest.
(3) All adult persons holding refugee, immigrant or
permanent resident status in the Republic of Hungary
shall have the right to vote in local ballots for the
election of representatives and mayors, provided that
they are in the territory of the Republic of Hungary
on the day of the election or referendum, and furthermore
to participate in local referenda or popular initiatives.
(4) All adult Hungarian citizens residing in the territory
of the Republic of Hungary and all adult citizens of
other Member States of the European Union who reside
in the territory of the Republic of Hungary shall have
the right to be elected and the right to vote in elections
for the European Parliament.
(5) The right to vote shall not be granted to persons
who are under guardianship or conservatorship, persons
who are subject to a final legal judgment forbidding
them to participate in public affairs, or persons who
are incarcerated on the basis of a final legal judgment
or who have been committed to treatment in a mental
institution on the basis of a final legal judgment rendered
in criminal proceedings. Furthermore, adult citizens
of other Member States of the European Union who reside
in the territory of the Republic of Hungary shall not
have the right to be elected if they have been deprived
of such right in their country of citizenship by the
laws of that country or by a judicial or other official
decision.
(6) All Hungarian citizens have the right to hold public
office in accordance with their suitability, education
and professional ability.
Article 70/A.
(1) The Republic of Hungary shall respect the human
rights and civil rights of all persons in the country
without discrimination on the basis of race, color,
gender, language, religion, political or other opinion,
national or social origins, financial situation, birth
or on any other grounds whatsoever.
(2) The law shall provide for strict punishment of discrimination
on the basis of Paragraph (1).
(3) The Republic of Hungary shall endeavor to implement
equal rights for everyone through measures that create
fair opportunities for all.
Article 70/B.
(1) In the Republic of Hungary everyone has the right
to work and to freely choose his job and profession.
(2) Everyone has the right to equal compensation for
equal work, without any discrimination whatsoever.
(3) All persons who work have the right to an income
that corresponds to the amount and quality of work they
carry out.
(4) Everyone has the right to leisure time, to free
time and to regular paid vacation.
Article 70/C.
(1) Everyone has the right to establish or join organizations
together with others with the objective of protecting
his economic or social interests.
(2) The right to strike may be exercised within the
framework of the law regulating such right.
(3) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the right to strike.
Article 70/D.
(1) Everyone living in the territory of the Republic
of Hungary has the right to the highest possible level
of physical and mental health.
(2) The Republic of Hungary shall implement this right
through institutions of labor safety and health care,
through the organization of medical care and the opportunities
for regular physical activity, as well as through the
protection of the urban and natural environment.
Article 70/E.
(1) Citizens of the Republic of Hungary have the right
to social security; they are entitled to the support
required to live in old age, and in the case of sickness,
disability, being widowed or orphaned and in the case
of unemployment through no fault of their own.
(2) The Republic of Hungary shall implement the right
to social support through the social security system
and the system of social institutions.
Article 70/F.
(1) The Republic of Hungary guarantees the right of
education to its citizens.
(2) The Republic of Hungary shall implement this right
through the dissemination and general access to culture,
free compulsory primary schooling, through secondary
and higher education available to all persons on the
basis of their ability, and furthermore through financial
support for students.
Article 70/G.
(1) The Republic of Hungary shall respect and support
the freedom of scientific and artistic expression, the
freedom to learn and to teach.
(2) Only scientists are entitled to decide in questions
of scientific truth and to determine the scientific
value of research.
Article 70/H.
(1) All citizens of the Republic of Hungary have the
obligation to defend their country.
(2) Based on the general obligation to defend the country,
citizens shall complete armed or unarmed military service,
or complete civil service in accordance with the conditions
established by law.
(3) A majority of two-thirds of the votes of the Members
of Parliament present is required to pass the law on
the obligation to complete military service.
Article 70/I.
All natural persons, legal persons and unincorporated
organizations have the obligation to contribute to public
revenues on the basis of their income and wealth.
Article 70/J.
In the Republic of Hungary parents and guardians have
the obligation to ensure the education of their young
children.
Article 70/K.
Claims arising from infringement on fundamental rights,
and objections to the decisions of public authorities
regarding the fulfillment of duties may be brought before
a court of law.
Chapter XIII.
The Basic Principles of Elections
Article 71.
(1) Members of Parliament, Members of the European
Parliament, local government representatives, mayors
and the mayor of the capital are elected by direct,
secret ballot by voting citizens, based on their universal
and equal right to vote.
(2) The members of the local government representative
bodies of counties shall elect the president of the
representative body by direct, secret ballot. The president
must be a Hungarian citizen.
(3) Separate laws shall establish provisions for the
election of Members of Parliament, Members of the European
Parliament and members of representative bodies of local
governments and mayors. A two-thirds majority vote of
the Members of Parliament present is required to pass
such laws.
(4) A separate law shall establish provisions for the
election of representatives of minority self-governments.
A two-thirds majority vote of the Members of Parliament
present is required to pass such laws.
Articles 72-73.
Chapter XIV.
The Capital and National Symbols
of the Republic of Hungary
Article 74.
The Capital of the Republic of Hungary is Budapest.
Article 75.
The national anthem of the Republic of Hungary is the
poem „Himnusz” by Ferenc Kölcsey, set to the music of
Ferenc Erkel.
Article 76.
(1) The National Flag of the Republic of Hungary is
a tricolor consisting of horizontal red, white and green
bands of even width.
(2) The Coat of Arms of the Republic of Hungary is a
vertically divided shield with a rounded base coming
to a point. The left field contains eight horizontal
bars of red and silver. The right field has a background
of red and depicts a base of three green hills with
a golden crown resting on the center hill and a silver
patriarchal cross issuing from the middle of the crown.
The Holy Crown of St. Stephen rests on the top of the
shield.
(3) A majority of two-thirds of the votes of the Members
of Parliament is required to pass the law on the Coat
of Arms and National Flag of the Republic of Hungary
and the use thereof.
Chapter XV.
Final Provisions
Article 77.
(1) This Constitution is the supreme law of the Republic
of Hungary.
(2) This Constitution and laws and statutes established
in accordance with this Constitution are equally binding
for everybody of the country.
(3)
Article 78.
(1) The Constitution of the Republic of Hungary shall
enter into effect on the day of its promulgation; the
Government shall ensure its implementation.
(2) The Government shall propose the Bills necessary
to implement this Constitution to the Paliament.
Article 79.
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