Hungary | Constitutional provisions

Text of the Constitution (in English)

1. Provisions concerning the European Union

Art. 2a (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.

Art. 6 (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.

Art. 30a (1) The President of the Republic shall - d) announce general parliamentary and local government elections, mayoral elections as well as the dates of the European parliamentary elections and national referenda;

Art. 35 k) represent the Republic of Hungary in the institutions of the European Union that require government participation;

Art. 35a (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.

Art. 40c (1) The Government shall have powers to authorize the use of the Hungarian Armed Forces and foreign armed units by decision of the European Union, or deployment of troops by decision of the North Atlantic Treaty Organization in accordance with Subparagraph j) of Paragraph (3) of Article 19.

Art. 70 (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.

(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.

Art. 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.

2. Provisions concerning International Treaties

Art. 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.

Art. 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.

Art. 19 (1) The Parliament is the supreme body of State power and popular representation in the Republic of Hungary.

f) conclude international treaties of outstanding importance to the foreign relations of the Republic of Hungary;

Art. 30a (1) The President of the Republic shall -

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;

Art. 35 (1) The Government shall -

j) participate in the development of foreign policy; conclude international treaties in the name of the Government of the Republic of Hungary;

Art. 39b 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.

Art. 40a (1) The fundamental duty of the Hungarian Armed Forces is the military defense of the country and participation in the collective defense duties under international treaty.

Art. 40b (3) Within the framework of the Constitution, only Parliament, the President of the Republic, the National Defense Council, the Government and the responsible Minister shall have the right to command the Hungarian Armed Forces, unless otherwise provided by international treaties.

Art. 44a (1) The local representative body -

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.

3. Provisions concerning constitutional reform

Article 24 (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. Provisions concerning referendums

Art. 8 (1) Parliament shall order a national referendum at the initiative of at least two hundred thousand citizens with voting rights. Parliament may order a national referendum at the initiative of the President of the Republic, the Government, or one hundred thousand citizens with voting rights. The result of a valid and conclusive referendum shall be binding on Parliament.
(2) National referenda may be held about any matter within the tasks and competences of Parliament.
(3) No national referendum may be held on
a) any matter aimed at the amendment of the Fundamental Law;
b) the central budget, the implementation of the central budget, central taxes, duties, contributions, customs duties, or the content of Acts determining the central conditions for local taxes;
c) the contents of Acts on the elections of Members of Parliament, local government representatives and mayors, and Members of the European Parliament;
d) any obligation arising from international treaties;
e) personal matters and questions concerning the establishment of organisations within the competence of Parliament;
f) the dissolution of Parliament;
g) the dissolution of a body of local government representatives;
h) the declaration of a state of war, state of national crisis and state of emergency, and on the declaration or extension of the state of preventive defence;
i) any matter related to participation in military operations;
j) the granting of general amnesty.
(4) A national referendum shall be valid if more than half of all citizens with voting rights have cast valid votes, and it shall be conclusive if more than half of those voting validly have given the same answer to a question.