Hungary 2011 (rev. 2016) Subsequently amended

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:

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.

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 preserving nationhood. We value the various religious traditions of our country.

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.

Integration of ethnic communities , Protection of environment , Protection of language use , Right to reasonable standard of living , Right to culture

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.

We respect the freedom and culture of other nations, and shall strive to cooperate with every nation of the world.

We hold that the family and the nation constitute the principal framework of our coexistence, and that our fundamental cohesive values are fidelity, faith and love.

We hold that the strength of community and the honour of each man are based on labour, an achievement of the human mind.

We hold that the common goal of citizens and the State is to achieve the highest possible measure of well-being, safety, order, justice and liberty.

We hold that democracy is only possible where the State serves its citizens and administers their affairs in an equitable manner, without prejudice or abuse.

We honour the achievements of our historical constitution and we honour the Holy Crown, which embodies the constitutional continuity of Hungary’s statehood and the unity of the nation.

We do not recognise the suspension of our historical constitution due to foreign occupations. We deny any statute of limitations for the inhuman crimes committed against the Hungarian nation and its citizens under the national socialist and the communist dictatorships.

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.

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 body of popular representation was formed. We shall consider this date to be the beginning of our country’s new democracy and constitutional order.

We hold that after the decades of the twentieth century which led to a state of moral decay, we have an abiding need for spiritual and intellectual renewal.

We trust in a jointly-shaped future and the commitment of younger generations. We believe that our children and grandchildren will make Hungary great again with their talent, persistence and moral strength.

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 endeavours of the nation.

FOUNDATION

Article A

The name of OUR COUNTRY shall be Hungary.

Article B

Hungary shall be an independent, democratic rule-of-law State.

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, 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 coercion in order to enforce the Fundamental Law and legal regulations.

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, and shall facilitate the survival and development of their communities; it shall support their efforts to preserve their Hungarian identity, the assertion 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

In order to enhance the liberty, prosperity and security of European nations, -Hungary shall contribute to the creation of European unity.

Article F

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.

Article H

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 central hill and a silver patriarchal cross issuing from the middle of the crown. The Holy Crown shall rest on top of the shield.

The flag of Hungary shall feature three horizontal bands of equal width coloured red, white and green from top to bottom as the symbols of strength, fidelity and hope respectively.

Article J

1. The national holidays of Hungary shall be:
   1. the 15th day of March, in memory of the 1848-49 Revolution and War of Independence,
   2. the 20th day of August, in memory of the foundation of the State and King Saint Stephen the State Founder, and
   3. 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.

   Right to found a family

   Article L

   Regulation of marriage Right to establish a business , Right to competitive marketplace

   Article M

   The economy of Hungary shall be based on work which creates value and freedom of enterprise.
   Protection of consumers Powers of cabinet

   Article N

   Balanced budget

   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.

   Right to culture , Protection of environment

   Article P

   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.
   Ownership of natural resources

   Article Q

   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.
   International law Legal status of treaties , Treaty ratification , Customary international law , International law

   Article R

   The Fundamental Law shall be the foundation of the legal system of Hungary.
   Duty to obey the constitution Constitution amendment procedure

   Article S

   Legislative committees

   Article T

   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 special legal order.

   Municipal government , Emergency provisions , Head of government decree power , Central bank , Advisory bodies to the head of state

   Organic laws , Supermajority required for legislation Reference to country's history

   Article U

   Crimes of the previous regime
   1. maintaining and directing an oppressive regime, violating the law and betraying the nation;
   2. thwarting with Soviet military assistance the democratic attempt built on a multi-party system in the years after World War II;
   3. establishing a legal order built on the exclusive exercise of power and unlawfulness;
   4. putting an end to the economy based on the freedom of property and indebting the country;
   5. submitting Hungary's economy, national defence, diplomacy and human resources to foreign interests;
   6. systematically devastating the traditional values of European civilisation;
   7. 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;
   8. 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 from their native country;
   9. 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.

   FREEDOM AND RESPONSIBILITY

   Article I

   Inalienable rights Right to life , Human dignity , Right to found a family

   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

   Prohibition of torture , Prohibition of slavery , Prohibition of cruel treatment Reference to science Reference to science Protection from unjustified restraint

   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.
   Protection from false imprisonment

   Article V

   Everyone shall have the right to repel any unlawful attack against his or her person or property, or one that poses a direct threat to the same, as provided for by an Act.

   Right to privacy

   Article VI

   Right to protect one's reputation Right to information Right to information

   Article VII

   Freedom of religion , Freedom of opinion/thought/conscience Separation of church and state

   Article VIII

   Freedom of assembly Freedom of association , Right to form political parties , Restrictions on political parties Right to join trade unions

   Article IX

   Freedom of expression Freedom of press Freedom of expression , Human dignity Freedom of expression , Human dignity Media commission Reference to science , Right to academic freedom

   Article X

   Reference to art Reference to art

   Article XI

   Every Hungarian citizen shall have the right to education.
   Compulsory education , Free education , Access to higher education

   Article XII

   Right to choose occupation , Duty to work , Right to establish a business Right to work Right to own property

   Article XIII

   Right to transfer property Protection from expropriation

   Article XIV

   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.
   Extradition procedure , Prohibition of capital punishment Protection of stateless persons General guarantee of equality

   Article XV

   Everyone shall be equal before the law. Every human being shall have legal capacity.

   Equality regardless of religion , Equality regardless of social status , Equality for persons with disabilities , Equality regardless of language , Equality regardless of gender , Equality regardless of parentage , Equality regardless of skin color , Equality regardless of political party , Equality regardless of financial status , Equality regardless of race , Equality regardless of origin

   Equality regardless of gender , Provision for matrimonial equality Rights of children

   Article XVI

   Rights of children Rights or duties of parents Rights of children , Rights or duties of parents

   Article XVII

   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.
   Right to strike Right to safe work environment Right to rest and leisure Rights of children , Limits on employment of children

   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.
   State support for the unemployed , State support for children , State support for the disabled

   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 listed in Paragraph (1) and other people in need through a system of social institutions and measures.
   3. The nature and extent of social measures may be determined by law in accordance with the usefulness to the community of the beneficiary’s activity.
   Reference to fraternity/solidarity , State support for the elderly Right to health care

   Article XX

   Everyone shall have the right to physical and mental health.
   Right to water , Protection of environment Protection of environment

   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 introduction of pollutant waste into the territory of Hungary for the purpose of disposal shall be prohibited.
   Right to shelter

   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 without a dwelling.
   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.
   Municipal government , International organizations , Regional group(s) , Restrictions on voting

   Article XXIII

   Claim of universal suffrage , Minimum age for first chamber , Eligibility for first chamber , First chamber selection

   Restrictions on rights of groups Civil service recruitment

   Article XXIV

   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.
   Ultra-vires administrative actions Right of petition

   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.

   Reference to science , Right to enjoy the benefits of science

   Article XXVI

   The State shall strive to use the latest technological solutions and scientific achievements to make its operation efficient, raise the standard of public services, improve the transparency of public affairs and to promote equality of opportunity.

   Article XXVII

   Freedom of movement International organizations

   Article XXVIII

   Right to fair trial , Right to public trial , Right to speedy trial , Judicial independence Presumption of innocence in trials Right to counsel Regional group(s) , International law , Protection from ex post facto laws Customary international law , International law International law , Regional group(s) , Prohibition of double jeopardy Ultra-vires administrative actions , Protection from false imprisonment Integration of ethnic communities

   Article XXIX

   Right to culture , Protection of language use Right to self determination Duty to pay taxes

   Article XXX

   1. Everyone shall contribute to covering common needs according to his or her capabilities and 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 children.
   Duty to serve in the military

   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.
   Right to conscientious objection , Emergency provisions Emergency provisions , Prohibition of slavery

   THE STATE

   The National Assembly

   Structure of legislative chamber(s)

   Article 1

   1. HUNGARY's supreme organ of popular representation shall be the National Assembly.
   2. The National Assembly shall:
      Constitution amendment procedure Budget bills International law , Legal status of treaties , Treaty ratification

      Establishment of judicial council , Head of state selection , Attorney general , Supreme court selection , Constitutional court selection , Ombudsman

      Head of government selection Power to declare/approve war Designation of commander in chief

      Article 2

      Secret ballot , First chamber selection , Claim of universal suffrage Integration of ethnic communities Term length for first chamber , Head of government term length , Scheduling of elections

      Article 3

      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 elections.
      Dismissal of the legislature Dismissal of the legislature
      1. 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 presentation of the first proposal, or
      2. the National Assembly fails to adopt the central budget for the year in question by 31 March.
      Dismissal of the legislature Dismissal of the legislature Scheduling of elections

      Article 4

      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.
      Outside professions of legislators , Immunity of legislators Removal of individual legislators
      1. upon the termination of the mandate of the National Assembly;
      2. upon his or her death;
      3. upon the declaration of a conflict of interests;
      4. upon his or her resignation;
      5. if the conditions required for his or her election no longer exist;
      Attendance by legislators Removal of individual legislators Compensation of legislators

      Article 5

      Public or private sessions Leader of first chamber Legislative committees Quorum for legislative sessions Constitutional interpretation , Constitutionality of legislation

      Article 6

      Legislative committees , Initiation of general legislation Approval or veto of general legislation Approval or veto of general legislation Veto override procedure , Approval or veto of general legislation Approval or veto of general legislation Approval or veto of general legislation Veto override procedure

      Article 7

      Central bank , Attorney general , Ombudsman Legislative oversight of the executive Legislative committees

      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:
         Constitution amendment procedure Regional group(s) International law Emergency provisions

         The President of the Republic

         Article 9

         Name/structure of executive(s) Designation of commander in chief Head of state powers Foreign affairs representative Head of state powers Referenda , Regional group(s) , Municipal government Dismissal of the legislature Constitutionality of legislation

         Attorney general , Establishment of judicial council , Ombudsman , Supreme court selection , Head of government selection

         Supreme court selection , Ordinary court selection Reference to science , Reference to art Head of state powers Legal status of treaties , Treaty ratification , International law Foreign affairs representative Cabinet selection , Central bank Selection of active-duty commanders Power to pardon Requirements for naturalization , Requirements for birthright citizenship Central bank , Treaty ratification , Selection of active-duty commanders

         Article 10

         Head of state selection , Head of state term length Minimum age of head of state , Eligibility for head of state Head of state term limits Head of state selection

         Article 11

         Head of state replacement Oaths to abide by constitution

         Article 12

         The person of the President of the Republic shall be inviolable.
         Provisions for intellectual property
         1. upon the expiry of his or her term of office;
         2. upon his or her death;
         3. if he or she is incapable of performing his or her functions for over ninety days;
         4. if the conditions for his or her election no longer exist;
         5. upon the declaration of a conflict of interests;
         6. upon his or her resignation;
         Head of state removal Head of state removal Head of state removal

         Article 13

         Head of state immunity Constitutional court powers Constitutional court powers

         Article 14

         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 office, respectively.
         Powers of cabinet

         The Government

         Powers of cabinet , Establishment of cabinet/ministers

         Article 15

         1. The Government shall be the general organ of executive power, 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 Assembly.
         2. The Government shall be the principal organ of public administration, it may establish organs of state administration, as provided for by an Act.
         Head of government decree power Head of government decree power Establishment of cabinet/ministers

         Article 16

         Name/structure of executive(s) Deputy executive Head of government selection Head of government selection Head of government selection
         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;
         Head of government replacement Head of government selection Cabinet selection Oaths to abide by constitution Establishment of cabinet/ministers

         Article 17

         1. The 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 administration organs of the Government with general competence.
         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

         Head of government powers Powers of cabinet , Head of government powers Central bank , Head of government decree power Powers of cabinet , Legislative oversight of the executive , Legislative committees International organizations , Regional group(s)

         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 National Assembly.

         Cabinet removal

         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:
            Head of government term length Head of government removal Head of government removal
            1. upon the termination of the Prime Minister's mandate;
            2. upon his or her resignation;
            3. upon his or her dismissal;
            4. upon his or her death.
            Cabinet removal , Head of government removal

            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 the Government.
            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 the Prime Minister's motion pursuant to Paragraphs (3) or (4).

            Article 22

            International law , Head of government decree power Head of government decree power Deputy executive Head of government decree power

            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 shall appoint his or her deputy or deputies.
            3. The head of an autonomous regulatory organ shall annually report to the National Assembly on the activities of the autonomous regulatory organ.
            Head of government decree power , Central bank

            The Constitutional Court

            Constitutional interpretation , Establishment of constitutional court

            Article 24

            The Constitutional Court shall be the principal organ for the protection of the Fundamental Law.
            Constitutionality of legislation , Constitutional court powers
            1. shall examine adopted Acts not yet published for conformity with the Fundamental Law;
            2. 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;
            3. shall, on the basis of a constitutional complaint, review the conformity with the Fundamental Law of any legal regulation applied in a particular case;
            4. shall, on the basis of a constitutional complaint, review the conformity with the Fundamental Law of any judicial decision;
            International law Constitutional court powers Constitutionality of legislation Legal status of treaties , International law

            and/or shall determine legal consequences set out in a cardinal Act.

            1. the President of the Republic in respect of the Fundamental Law or the amendment of the Fundamental Law, if adopted but not yet published;
            1. shall again be debated in the National Assembly in the case laid down in Paragraph (5)a);
            2. shall be annulled by the Constitutional Court in the case laid down in Paragraph (5)b).

            Constitutional court selection , Eligibility for const court judges , Constitutional court term length

            Constitutional court powers

            Courts

            Structure of the courts

            Article 25

            Courts shall administer justice. The supreme judicial body shall be the Curia.
            Supreme court powers
            1. criminal matters, civil disputes and on other matters specified in an Act;
            2. the lawfulness of administrative decisions;
            National vs subnational laws , Federal review of subnational legislation Judicial precedence Establishment of judicial council Establishment of judicial council

            Article 26

            Ordinary court term length , Supreme court term length , Judicial independence , Eligibility for supreme court judges , Eligibility for ordinary court judges , Supreme/ordinary court judge removal

            Minimum age of ordinary court judges , Supreme court selection , Ordinary court selection , Minimum age of supreme court judges , Mandatory retirement age for judges

            Supreme court selection , Supreme court term length Jury trials required

            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 specified in an Act.
            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.
            4. [repealed]

            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 sense and the public good.

            The prosecution service

            Attorney general

            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. 54 The Prosecutor General and the prosecution service:
               1. shall exercise rights in connection with investigations, as provided for by an Act;
               2. shall represent the prosecution in court proceedings;
               3. shall supervise the lawfulness of penal enforcement;
               4. shall, as a guardian of public interest, exercise further functions and powers laid down in the Fundamental Law or in an Act.

               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 measures to remedy them.
               Integration of ethnic communities Municipal government

               Local governments

               Article 31

               In Hungary local governments shall function to manage local public affairs and exercise local public power.

               Article 32

               1. In the management of local public affairs and within the framework of an Act, local governments:
                  1. shall adopt decrees;
                  2. shall take decisions;
                  3. shall autonomously administer their affairs;
                  4. shall determine the rules of their organisation and operation;
                  5. shall exercise the rights of ownership with respect to local government property;
                  6. shall determine their budgets and autonomously manage their affairs on the basis thereof,
                  7. may engage in entrepreneurial activities with their assets and revenues available for this purpose, without jeopardising the performance of their mandatory duties;
                  8. shall decide on the types and rates of local taxes;
                  9. may create local government symbols and establish local decorations and honorific titles;
                  10. may request information from the organ having the relevant duties and powers, initiate decisions or express an opinion;
                  International organizations National vs subnational laws Federal review of subnational legislation

                  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 shall be performed through associations.
                  Head of government decree power Powers of cabinet , Federal review of subnational legislation

                  Article 35

                  Claim of universal suffrage , Secret ballot Powers of cabinet , Constitutional court powers

                  Public finances

                  Budget bills

                  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 by the deadline determined in an Act.
                  2. The legislative proposal on the central budget and the legislative proposal on the implementation thereof shall contain state expenditures and revenues in the same structure, in a transparent manner and in reasonable detail.
                  3. The adoption of the Act on the central budget by the National Assembly shall constitute an authorisation for the Government to collect the revenues and to disburse the expenditures determined in that Act.
                  Balanced budget Balanced budget Balanced budget

                  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 which would allow the state debt to exceed half of the Gross Domestic Product.
                  3. As long as the state debt exceeds half of the 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 which would result in an increase, as compared to the previous year, of the ratio of state debt in relation to the Gross Domestic Product.
                  Human dignity , Constitutional interpretation , Constitutionality of legislation Ownership of natural resources

                  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 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 interest of predictable contributions to common needs and of a secure livelihood for the elderly, basic rules for the sharing of public burdens and for the pension system shall be laid down in a cardinal Act.

                  Central bank

                  Article 41

                  1. The National Bank of Hungary shall be the central bank of Hungary. The National Bank of Hungary shall be responsibility for monetary policy as set out by a cardinal Act.
                  2. The National Bank of Hungary shall perform the supervision of the financial intermediary system.
                  3. The Governor and Deputy Governors of the National Bank of Hungary shall be appointed for six years by the President of the Republic.
                  4. The Governor of the National Bank of Hungary shall annually report to the National Assembly on the activities of the National Bank of Hungary.
                  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 National Bank of Hungary shall issue decrees; no such decree shall conflict with any Act. In issuing decrees, the Governor of the National Bank of Hungary may be substituted for by the Deputy Governor he or she designated in a decree.
                  6. The detailed rules for the organisation and operation of the National Bank of Hungary shall be laid down in a cardinal Act.

                  Article 42

                  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 management 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 annually report 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.
                  Budget bills

                  Article 44

                  1. As an organ supporting the legislative activity of the National Assembly, the Budget Council shall examine feasibility of the central budget.
                  2. The Budget 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 Budget Council shall be required for the adoption of the Act on the central budget.
                  Central bank

                  The Hungarian Defence Forces

                  Article 45

                  International law

                  Designation of commander in chief , Advisory bodies to the head of state , International law , Powers of cabinet

                  Restrictions on the armed forces

                  The police and national security services

                  Article 46

                  The core duties of the police shall be the prevention and investigation of criminal offences, and the protection of public security, public order, and the order of state borders.
                  Powers of cabinet Powers of cabinet

                  Decisions on participation in military operations

                  Designation of commander in chief

                  Article 47

                  Powers of cabinet International organizations , Powers of cabinet , Regional group(s) Emergency provisions

                  Special legal orders

                  Common rules for the state of national crisis and the state of emergency

                  Article 48

                  The National Assembly:
                  Advisory bodies to the head of state Advisory bodies to the head of state Head of state powers , Advisory bodies to the head of state

                  State of national crisis

                  Advisory bodies to the head of state

                  Article 49

                  1. The President of the National Defence Council shall be the President of the Republic, and its members shall be the Speaker of the National Assembly, the leaders of parliamentary groups, the Prime Minister, the Ministers and - in a consultative capacity - the Chief of the National Defence Staff.
                  2. The National Defence Council shall exercise:
                     1. the powers delegated to it by the National Assembly,
                     2. the powers of the President of the Republic,
                     3. the powers of the Government.
                     Designation of commander in chief

                     State of emergency

                     Article 50

                     1. Should the use of the police and the national security services prove insufficient, the Hungarian Defence Forces may be used during a state of emergency.
                     2. During a state of emergency, if the National Assembly is prevented from acting, the President of the Republic shall decide on the use of the Hungarian Defence Forces under Paragraph (1).
                     Head of state decree power Head of state decree power , Legislative committees Legislative committees , Head of state decree power Head of state decree power

                     State of preventive defence

                     Article 51

                     1. In the event of a danger of external armed attack or in order to meet an obligation arising from an alliance, the National Assembly shall declare a state of preventive defence for a fixed period of time, and shall simultaneously authorise the Government to introduce extraordinary measures laid down in a cardinal Act. The period of the state of preventive defence may be extended.
                     2. The votes of two-thirds of the Members of the National Assembly present shall be required for a special legal order referred to in Paragraph (1) to be declared or to be extended.
                     Head of government decree power Head of government decree power Head of government decree power Terrorism , Head of government decree power

                     Terror threat-situation

                     Article 51/A

                     1. Parliament on the initiation of the Government can proclaim terror threat-situation for a certain period of time in an event of significant and imminent terror threat or in the case of a terrorist attack, and it authorises Government to introduce certain extraordinary measures defined in cardinal law. The duration of the terror threat-situation may be extended.
                     2. A two-thirds vote of the present Members of the National Assembly is required to introduce and to extend terror threat-situation under paragraph (1).
                     Legislative committees

                     Unexpected attacks

                     Article 52

                     1. In the event of any unexpected invasion of the territory of Hungary by external armed groups, the Government shall be obliged to immediately take action with forces duly prepared and proportionate to the attack to repel the same, to safeguard the territory of Hungary with domestic and allied emergency air defence and aviation forces, and to protect law and order, life and property, public order and public safety, according to an armed defence plan approved by the President of the Republic as necessary, until it makes a decision on the declaration of a state of emergency or a state of national crisis.
                     2. The Government shall forthwith inform the National Assembly and the President of the Republic of its action taken under Paragraph (1).
                     Head of government decree power Head of government decree power

                     State of danger

                     Head of government decree power

                     Article 53

                     1. In the event of a natural disaster or industrial accident endangering life and property, or in order to mitigate the consequences thereof, the Government shall declare a state of danger, and may introduce extraordinary measures laid down in a cardinal Act.
                     2. In a state of danger the Government may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures.
                     3. The decrees of the Government referred to in Paragraph (2) shall remain in force for fifteen days, unless the Government, on the basis of authorisation by the National Assembly, extends those decrees.
                     4. Upon the termination of the state of danger, such decrees of the Government shall cease to have effect.

                     Common rules for special legal orders

                     Article 54

                     1. Under a special legal order, the exercise of fundamental rights - with the exception of the fundamental rights provided for in Articles II and III, and Article XXVIII(2) to (6) - may be suspended or may be restricted beyond the extent specified in Article 1(3).
                     2. Under a special legal order, the application of the Fundamental Law may not be suspended, and the operation of the Constitutional Court may not be restricted.
                     3. A special legal order shall be terminated by the organ entitled to introduce the special legal order if the conditions for its declaration no longer exist.
                     4. The detailed rules to be applied under a special legal order shall be laid down in a cardinal Act.

                     CLOSING AND MISCELLANEOUS PROVISIONS

                     1. The Fundamental Law of Hungary shall enter into force on 1 January 2012.
                     2. This Fundamental Law shall be adopted by the National Assembly pursuant to Sections 19(3)a) and 24(3) of Act XX of 1949.
                     3. The transitional provisions related to the entry into force of the Fundamental Law are contained in Points 8 to 26.
                     4. The Government shall be obliged to submit to the National Assembly the legislative proposals required for the implementation of the Fundamental Law.
                     5. The decisions of the Constitutional Court taken prior to the entry into force of the Fundamental Law are repealed. This provision shall be without prejudice to the legal effects produced by those decisions.
                     6. The 25th day of April shall be Fundamental Law Day to commemorate the promulgation of the Fundamental Law.
                     7. The first general election of local government representatives and mayors after the entry into force of the Fundamental Law shall take place in October 2014.
                     8. The entry into force of the Fundamental Law shall not affect the legal force of legal regulations adopted, normative decisions and normative orders, and other legal instruments of state control issued, specific decisions taken and international legal commitments undertaken before its entry into force.
                     9. The legal successor of the organ exercising the relevant functions and powers under Act XX of 1949 on the Constitution of the Republic of Hungary shall be the organ exercising the relevant functions and powers under the Fundamental Law.
                     10. After the entry into force of the Fundamental Law, the name referring to the Republic of Hungary may remain in use as a reference to Hungary in accordance with the legal regulations in force on 31 December 2011, until the transition to the use of the name under the Fundamental Law can be achieved in accordance with the principles of responsible management.
                     11. With the exceptions laid down in Points 12 to 18, the entry into force of the Fundamental Law shall not affect the mandate of the National Assembly, the Government and the local representative bodies, as well as of persons appointed or elected before the entry into force of the Fundamental Law.
                     12. The following provisions of the Fundamental Law shall also apply to the mandate of the following:
                         1. Articles 3 and 4 to the mandate of the National Assembly and Members of the National Assembly in office;
                         2. Articles 12 and 13 to the mandate of the President of the Republic in office;
                         3. Articles 20 and 21 to the mandate of the Government in office and the Members of the Government in office;
                         4. Article 27(3) to the mandate of court secretaries in office;
                         5. Article 33(2) to the mandate of the Presidents of the county assemblies; and
                         6. Article 35(3) to (6) to the mandate of the local representative bodies and mayors in office.

                         14

                         1. The legal successor of the Supreme Court, the National Council of Justice and its President shall be the Curia in terms of administering justice, and, with the exception laid down in a cardinal Act, the President of the National Office for the Judiciary in terms of the administration of courts.
                         2. The mandate of the President of the Supreme Court and of the President and members of the National Council of Justice shall terminate upon the entry into force of the Fundamental Law.

                         15

                         1. With the exception laid down in Paragraph (2), the lowest age requirement laid down in Article 26(2) of the Fundamental Law shall apply to judges appointed on the basis of a call for applications announced after the entry into force of the Fundamental Law.
                         2. In the case of appointments for which, as laid down in an Act, no call for applications is required, the lowest age requirement shall apply to judges appointed after the entry into force of the Fundamental Law.

                         19

                         1. With the exceptions laid down in Paragraphs (2) to (5), the provisions of the Fundamental Law shall also apply to cases in progress.
                         2. Article 6 of the Fundamental Law shall apply as of the first sitting of the National Assembly to be held following the entry into force of the Fundamental Law.
                         3. Proceedings instituted upon applications submitted to the Constitutional Court before the entry into force of the Fundamental Law by applicants who no longer have the right to submit applications under the Fundamental Law shall be terminated and if, as of the entry into force of the Fundamental Law, the proceeding falls within the powers of another organ, the application shall be transferred. In accordance with the conditions laid down in a cardinal Act, the applicant may repeatedly submit the application.
                         4. Articles 38(4) and 39(1) of the Fundamental Law shall apply to contracts and subsidy entitlements existing on 1 January 2012, and to proceedings in progress aimed at concluding contracts or granting subsidies if provided for by an Act, and as provided for by that Act.
                         5. The third sentence of Section 70/E(3) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 shall, until 31 December 2012, apply to benefits which qualify as pension benefits under the rules in force on 31 December 2011 with respect to any change in their conditions, nature or amount, to their conversion to other benefits or to their termination.
                         Emergency provisions
                         1. state of national crisis, the provisions of the Fundamental Law on the state of national crisis,
                         2. state of emergency, if it was declared due to armed actions aimed at overthrowing the constitutional order or at exclusively acquiring power, or in the event of serious acts of violence endangering life and property on a massive scale, committed with arms or with objects suitable to be used as arms, the provisions of the Fundamental Law on the state of emergency,
                         3. state of emergency, if it was declared due to a natural disaster or industrial accident massively endangering life or property, the provisions of the Fundamental Law on the state of danger,
                         4. state of preventive defence, the provisions of the Fundamental Law on the state of preventive defence,
                         5. state defined in Section 19/E of Act XX of 1949 on the Constitution of the Republic of Hungary, the provisions of the Fundamental Law on unexpected attack, and
                         6. state of danger, the provisions of the Fundamental Law on the state of danger shall apply.

                         24

                         1. Anyone prohibited from participating in public affairs under a final sentence at the entry into force of the Fundamental Law shall not have the right to vote and to be voted for while the prohibition is in force.
                         2. Anyone under guardianship restricting or excluding his or her capacity to act under a final judgement at the entry into force of the Fundamental Law shall not have the right to vote and to be voted for until such guardianship is terminated or until a court establishes the existence of his or the right to vote and to be voted for.

                         25

                         1. Section 12(2) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 shall, until 31 December 2013, apply to the delivery of any local government property to the State or another local government.
                         2. Section 44/B(4) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 shall apply until 31 December 2012. After 31 December 2011, an Act, or a government decree based on authorisation by an Act may specify functions and powers of state administration for local government notaries.
                         3. Section 22(1) and (3) to (5) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 shall apply until the entry into force of the cardinal Act referred to in Article 5(8) of the Fundamental Law. The National Assembly shall adopt the cardinal Act referred to in Articles 5(8) and 7(3) of the Fundamental Law by 30 June 2012.
                         4. Until 31 December 2012, a cardinal Act may provide that for the adoption of certain decisions of the National Assembly, qualified majority shall be required.
                         1. Act XX of 1949 on the Constitution of the Republic of Hungary,
                         2. Act I of 1972 on the amendment to Act XX of 1949 and the consolidated text of the Constitution of the People's Republic of Hungary,
                         3. Act XXXI of 1989 on the amendment to the Constitution,
                         4. Act XVI of 1990 on the amendment to the Constitution of the Republic of Hungary,
                         5. Act XXIX of 1990 on the amendment to the Constitution of the Republic of Hungary,
                         6. Act XL of 1990 on the amendment to the Constitution of the Republic of Hungary,
                         7. the Amendment to the Constitution dated 25 May 2010,
                         8. the Amendment to the Constitution dated 5 July 2010,
                         9. the Amendments to the Constitution dated 6 July 2010,
                         10. the Amendments to the Constitution dated 11 August 2010,
                         11. Act CXIII of 2010 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary,
                         12. Act CXIX of 2010 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary,
                         13. Act CLXIII of 2010 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary,
                         14. Act LXI of 2011 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary required for the adoption of certain temporary provisions related to the Fundamental Law,
                         15. Act CXLVI of 2011 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary, and
                         16. Act CLIX of 2011 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary.