06th December 2012

The President’s statement about the law on election procedure

There is hardly a law that is more important in the life of our political nation, than the one setting out how the citizens of Hungary may exercise their electoral rights.

It was with this in mind that I asked all the parliamentary groups that criticized the law, to send to me their constitutional complaints. Notwithstanding my opinion about their positions, I would like to express my gratitude to them for seizing the opportunity offered.

I have subjected the adopted law to a thorough constitutional review. During the course of this, I studied the process of adoption, as well the form and content of the law for constitutionality.

I have found that the new law on election procedure guarantees the possibility of participation at free and democratic elections for every party and candidate competing at the election and the chance of a contest that is constitutional even by European standards.

I have also ascertained that the law on election procedure is introducing numerous – previously not used – rules, which no one contested constitutionally. Such was for example the voting by post.

Most of the criticism raised concerned the rules on voluntary registration in the electoral register.

I have ascertained that two forms of registration – that of citizens living across the borders and not domiciled in Hungary, as well as the one for citizens belonging to a national minority living in Hungary – were not criticized at all on constitutional grounds.

However the third form of registration- that of citizens domiciled in Hungary – was criticized all the more.
I have found details in the rules regulating this in the new law that raised constitutional concerns. Apart from this, I have also found constitutionally questionable details among the rules on public opinion polls and entry into force.

It is the common interest of all the citizens of our political nation to have incontestable answers to all the concerns raised and to find remedies to the concerns deemed to be constitutionally justified.

Therefore, pursuant to the rights granted to me in the Fundamental Law, I will send my detailed constitutional motion to the Constitutional Court today and will also attach the remarks that the opposition parties sent me.
The possibility of ex-ante constitutional review by the Constitutional Court provides an opportunity to reconsider the deficient or inexact stipulations of the law at the soonest.

János Áder
President of the Republic of Hungary

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