Constitution of the Republic of Hungary

[Szalakóta]

Act XX of 1949

Constitution of the Republic of Hungary


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full text in Hungarian



Background​

In 1989, amidst the peaceful collapse of the Communist regime kept in power by Soviet occupying forces, Hungary’s 1949 constitution has undergone substantial reform. The revised text was purged from its Marxist-Leninist character and established a democratic, multiparty parliamentary democracy with a social market economy, largely modelled after Western Europe’s political and economic systems. It was, however, still only meant to serve as a ‘temporary fix’ until a final, permanent Constitution can be agreed upon – fact that was explicitly stated in its Preamble. Indeed, either due to oversight or as an expression of this temporary nature, the revised version kept the original Communist text’s numbering (Act XX of 1949), drawing heavy criticism in later years due to its dubious symbolism.

Abstract​

Preamble

‘In order to facilitate a peaceful political transition to a constitutional state, establish a multi-party system, parliamentary democracy and a social market economy, the National Assembly 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

The General Provisions designate Hungary to be an independent, democratic, constitutional Republic with both direct and representative elements. Political parties, labour unions are free to operate but cannot directly exercise government power (as did the ruling party during the Communist single-party system). The Republic of Hungary defends its sovereignty, independence, and territorial integrity, and respects others’; but also fosters relations with ethnic Hungarian diasporas outside its borders. Fundamental human rights are recognised as inviolable and inalienable; the exercising of some can be limited in a state of national crisis, state of emergency, or state of danger, but some core ones (e.g., the right to life and human dignity or the ban on torture or inhumane treatment) must be upheld under all circumstances. Hungary is a market economy where private property and the right for enterprise are recognised and protected. The state protects marriage and families, educates the youth, helps those in need, and recognises the right to a healthy environment.

Chapter II: The National Assembly

The National Assembly is the supreme body of state power and popular representation, and as such it adopts the Constitution and passes legislation; defines social and economic policy, approves the state budget and its implementation, and decides on the Government’s program; concludes international treaties; can declare state of war, state of national crisis, or state of emergency, and decides on the use of the Hungarian Defence Forces; elects the President of the Republic, the Prime Minister, members of the Constitutional Court, and a number of other key high-ranking offices.

An elaborate system of two-third supermajority requirements is established to guard against current government majorities re-writing the rules of democracy (e.g., the two-third majority of all Members of the National Assembly is required to, among other things, amend or replace the Constitution, declare state of war or emergency, or elect judges of the Supreme Court; the two-thirds of all Members present is required, among other things, to regulate the exercise of fundamental human rights like the freedom of religion, of assembly, or to strike; to set up the organisation of local governments, the judicial system, or the Hungarian Defence Forces; or to establish the electoral system for general and local elections and to call a national referendum). For other, ordinary decisions a simple majority of the Members present. Laws passed by the National Assembly need to be signed by the President of the Republic. Laws sent back to the National Assembly that are passed again need to be signed by the President within five days.

The National Assembly is elected for four-year terms, within three months prior to the expiration of the previous National Assembly’s mandate.

Chapter III: The President of the Republic

The President of the Republic is the Head of State and the Commander-in-Chief of the Hungarian Defence Forces. Their role, however, is mostly representative, expressing the unity of the nation and monitoring the democratic functioning of state organs. The President of the Republic also signs international treaties; receives and sends ambassadors; announces elections; appoints and dismisses State Secretaries, top officials of the National Bank of Hungary, university rectors and professors, and Generals of the Hungarian Defence Forces Hungarian Defence Forces; and grants individual pardons – all subject to the countersignature of the Prime Minister or the responsible Minister. The President is elected terms by the National Assembly for a maximum of two five-year.

Chapter IV: The Constitutional Court

The Constitutional Court reviews the constitutionality of and, if found unconstitutional, annuls laws passed by the National Assembly. Any person has the right to initiate the Constitutional Court’s revision of any law. The Constitutional Court’s eleven members are elected by the two-third majority of the National Assembly and cannot be members of a political party or engage in political activities.

Chapter V: Parliamentary Ombudsmen

The Constitution creates two Parliamentary Ombudsman roles, who investigate cases involving the infringement of constitutional rights and initiate measures for their remedy – one for Citizen Rights and one for the Rights of National and Ethnic Minorities.

Chapter VI: The State Audit Office and the National Bank of Hungary

The State Audit Office is a parliamentary organ responsible for the financial and economic auditing of state institutions and state-owned enterprises. The National Bank of Hungary is the country’s central bank that manages the monetary policy, issues legal tender, and maintains the stable value of the national currency independently of the Government.

Chapter VII: The Government

In Hungary’s constitutional framework ‘Government’ refers to the cabinet of ministers that effectively exercises the executive power. It consists of the Prime Minister (who formally acts as primus inter pares but in fact is the effective political leader of the country) and the Ministers who may lead a government Ministry (the list of whom is established in separate law). The Prime Minister is elected by the majority of the National Assembly, based on the recommendation of the President of the Republic. Ministers are appointed and dismissed by the President of the Republic based on the recommendations of the Prime Minister. The Prime Minister can only be removed by the National Assembly through a so-called ‘constructive motion of no-confidence’, meaning that confidence can only be withdrawn if at the very same time there is a positive majority for their successor.

The Government, among other things, defends the constitutional order and the rights of citizens; implements laws; co-ordinates the work of Ministries and other organs; formulates and implements social and economic policies; supervises the Hungarian Defence Forces, police, and other security organs; and participates in the development of foreign policy. The Government does so by passing government decrees and resolution which require the signing of the Prime Minister. The Government is constitutionally required to co-operate with relevant social organisations. The Government is responsible for its work to the National Assembly.

Chapter VIII: The Hungarian Defence Forces and Certain Law Enforcement Agencies

The Hungarian Defence Forces is responsible for the country’s military defence. The Border Guard is responsible for guarding and patrolling the country’s borders and controlling border traffic. The Police is responsible for maintaining public safety and domestic order. Members of armed services cannot take part in political activities. The Hungarian Defence Forces may only cross the country’s border in case of legitimate military manoeuvres in response to valid threats and peacekeeping missions sanctioned by international law. It can also be used to put down armed actions aimed at overthrowing the constitutional order in cases when the Police proves insufficient. Foreign armed forces can only pass through or be stationed on the territory of the Republic of Hungary with the National Assembly’s consent.

Chapter IX: Local Governments

The territory of the Republic of Hungary is divided into the Capital (itself divided into Districts) and Counties (themselves divided into cities and communities). The list of the Capital’s districts and the Counties is established by law. Local governments independently manage local affairs, receive much of their income from the State Budget, and have some limited ability to levy local taxes. The local governments of the Capital, cities, and communities are led by a directly elected Mayor and directly elected Municipal Assemblies, both elected by local eligible voters for four-year terms.

Chapter X: The Judiciary

Justice is administered by the Supreme Court, the Court of the Capital, country courts, and local courts. The Supreme Court establishes guidelines for administering justice in all lower-level courts. Professional judges are appointed by the President of the Republic, are independent, and only answer to the law.

Chapter XI: The Office of the Public Prosecutor

The Office of the Public Prosecutor, led by the Prosecutor General, prosecute acts of violation of the law, supervise the legality of investigations, represent the prosecution in court proceedings, and supervises the penal system.

Chapter XII: Fundamental Rights and Duties

In the Republic of Hungary everyone has the inherent right, among other things, to life and human dignity; to freedom and personal security; to equality before the law; in case of Hungarian residence to move freely within the country; to the privacy of their home, private affairs, and personal data; to freedom of thought and speech and to access information of public interest; the right to assembly (not including the forming of armed groups with political objectives); to form labour union and to strike; to chose their profession and receive equal compensation; if having Hungarian residency to move freely in the country; and to the highest possible level of physical and mental health. The equality of men and women is protected; mothers are entitled to support before and after giving birth. Children have the right to care and protection from their family, the State, and society. National and ethnic minorities are constituent parts of the State and the sovereign people, receive protection of their respective cultures, and form local and national bodies of minority self-government. Citizens cannot be stripped of their citizenship or be expelled from Hungary, and have the right to social security and to hold office according to their suitability. The freedom of scientific and artistic expression is respected. State-owned radio and television are supervised and the licencing of commercial channels are done by the National Assembly.

All Hungarian citizens have an obligation to contribute to public revenues based on their wealth and income, and to national defence, the form of which is established by separate law.

Chapter XIII: The Basic Principles of Elections

Members of the National Assembly, members of Municipal Assemblies, Mayors, and the Mayor of the Capital are elected by direct, secret ballot by eligible citizens, based on universal and equal right to vote.

Chapter XIV: The Capitol and National Symbols of the Republic of Hungary

The Capital of the Republic of Hungary is Budapest. The National Anthem is Ferenc Kölcsey’s poem ‘Himnusz’ set to the music of Ferenc Erkel. The National Flag is the tricolour consisting of horizontal red, white, and green bands of even width. The Coat of Arms is a vertically divided shield with a rounded base coming to a point. The left field is cut into eight horizontal bars of red and silver; the right field has a red background and depicts three green hills with a golden crown and a silver patriarchal cross atop the central hill. The Holy Crown of St. Stephen rests atop the shield.

Chapter XV: Final Provisions

The Constitution is the supreme law of the Republic of Hungary; it, and laws passed in accordance with it, are equally binding for all person, organisation, and government body in the country. The Constitution enters into effect in the day of its promulgation, and is implemented by the Government.