The fundamental law of Hungary*


The President of the Republic
Article 9

(1) The Head of State of Hungary shall be the President of the Republic, who shall embody the unity of the nation and shall be the guardian of the democratic operation of state organisation.

(2) The President of the Republic shall be the Commander in Chief of the Hungarian Defence Forces.

(3) The President of the Republic:

a) shall represent Hungary;

b) may attend and address the sittings of Parliament;

c) may take the initiative for Acts;

d) may initiate national referendums;

e) shall set a date for the general elections of Members of Parliament, local government representatives and mayors, and of Members of the European Parliament, and for national referendums;

f) shall make decisions on any special legal order;

g) shall convene the constitutive sitting of Parliament;

h) may dissolve Parliament;

i) may send the adopted Fundamental Law or the amendment of the Fundamental Law to the Constitutional Court for an examination of its conformity with the procedural requirements laid down in the Fundamental Law with respect to its adoption, and may send adopted Acts to the Constitutional Court for an examination of their conformity with the Fundamental Law or may return them to Parliament for reconsideration;

j) shall propose persons for the positions of Prime Minister, the President of the Curia, the President of the National Office for the Judiciary, the Supreme Prosecutor and the Commissioner for Fundamental Rights;

k) shall appoint professional judges and the President of the Budget Council;

l) shall confirm the appointment of the President of the Hungarian Academy of Sciences and the President of the Hungarian Academy of Arts;

m) shall form the organisation of his or her office.

(4) The President of the Republic shall:

a) recognise the binding nature of international agreements by authorisation of Parliament,

b) accredit and receive ambassadors and envoys,

c) appoint Ministers, the Governor and Deputy Governors of the National Bank of Hungary, the heads of autonomous regulatory organs and university professors,

d) appoint university rectors,

e) appoint and promote generals,

f) award statutory decorations, prizes and titles, and authorise the use of foreign state decorations,

g) exercise the right to grant pardons to individuals,

h) decide on any matter of territorial administration within his or her responsibilities and competences, and

i) decide on any matter related to the acquisition and termination of citizenship,

j) decide on any matter assigned to his or her competence by law.

(5) Any measure and decision of the President of the Republic under Paragraph (4) shall be
subject to the countersignature of a government member. An Act may provide that a decision
within the statutory competence of the President of the Republic shall not be subject to a
countersignature.

(6) The President of the Republic shall refuse to act in accordance with the provisions set out in Paragraphs (4)b) to e) if the conditions required by legal regulations are not met or if he or she has well-grounded reasons to conclude that it would lead to a serious disorder in the democratic operation of the state organisation.

(7) The President of the Republic shall refuse to act in accordance with the provisions set out in Paragraph (4)f), if it would violate the values enshrined in the Fundamental Law.

Article 10

(1) The President of the Republic shall be elected for five years by Parliament.

(2) Any Hungarian citizen who has reached the age of thirty-five years may be elected President of the Republic.

(3) The President of the Republic may be re-elected only once.

Article 11

(1) The President of the Republic shall be elected no sooner than sixty but no later than thirty days before expiry of the mandate of the previous President of the Republic, or, as the case may be, within thirty days of the premature termination of his or her mandate. The date for the election of the President of the Republic shall be set by the Speaker of Parliament. Parliament shall elect the President of the Republic by secret ballot.

(2) The election of the President of the Republic shall be preceded by nomination. Any nomination shall be valid subject to a written proposal by at least one-fifth of the Members of Parliament. Nominations shall be submitted to the Speaker of Parliament before the vote is ordered. Every Member of Parliament may propose one candidate. No proposal for multiple candidates shall be valid.

(3) President of the Republic elected in the first round of voting shall be the candidate who receives the votes of two-thirds of the Members of Parliament.

(4) If the first round of voting is inconclusive, a second round shall be held. In the second round of voting, votes may be cast for the two candidates receiving the highest and second highest numbers of votes respectively in the first round. In the event of a tied vote for first place in the first round of voting, votes may be cast for the candidates who have received the highest number of votes. In the event of a tied vote only for second place in the first round of voting, votes may be cast for all candidates who have received the highest and second highest numbers of votes. President of the Republic elected in the second round of voting shall be the candidate who – regardless of the number of those participating in the vote – receives the highest number of valid votes. If the second round of voting is also inconclusive, a new election shall be held after repeated nomination.

(5) The elections procedure shall be completed within two consecutive days at most.

(6) The President-elect of the Republic shall swear an oath before Parliament and take office on expiry of the mandate of the previous President of the Republic or, in the event of the early termination of such mandate, eight days after the announcement of the result of the election.

Article 12

(1) The person of the President of the Republic shall be inviolable.

(2) The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for activities falling under copyright protection.

(3) The mandate of the President of the Republic shall terminate:

a) upon completion of his or her term of office,

b) upon his or her death,

c) by his or her inability to perform his or her responsibilities for over ninety days,

d) if the conditions for his or her election no longer exist,

e) by the declaration of a conflict of interests,

f) by resignation or

g) by removal from office as the President of the Republic.

(4) Parliament shall decide with the votes of two-thirds of the Members of Parliament present to establish any condition of the President of the Republic which has prevented the performance of his or her responsibilities for over ninety days or on the absence of the conditions required for his or her election, or on the declaration of a conflict of interests.

(5) The detailed rules for the legal status and remuneration of the President of the Republic and the former President of the Republic shall be defined by a cardinal Act.

Article 13

(1) Criminal proceedings against the President of the Republic may be initiated only after termination of his or her mandate.

(2) If the President of the Republic wilfully violates the Fundamental Law or, in conjunction with performing his or her office, any Act, or if he or she commits a wilful criminal offence, one-fifth of the Members of Parliament may propose his or her removal from office.

(3) The impeachment procedure shall require the votes of two-thirds of the Members of Parliament. Voting shall be held by secret ballot.

(4) The President of the Republic may not exercise his or her competence from the day when Parliament makes its decision until the end of the impeachment procedure.

(5) The impeachment procedure shall be conducted by the Constitutional Court.

(6) If the Constitutional Court establishes the liability of the President of the Republic under public law, it may remove him or her from office.

Article 14

(1) In the event of any temporary incapacity of the President of the Republic, his or her responsibilities and competence shall be exercised by the Speaker of Parliament until the termination of such incapacity or, if the mandate of the President of the Republic expires in the meantime, until the new President of the Republic takes office.

(2) The temporary incapacity of the President of the Republic shall be established by Parliament on the recommendation of the President of the Republic, the Government or any Member of Parliament.

(3) While substituting for the President of the Republic, the Speaker of Parliament may not exercise his or her rights as a Member of Parliament, and his or her responsibilities as the Speaker of Parliament shall be performed by the Deputy Speaker of Parliament designated by Parliament.



Latest Video
Speech of President János Áder At United Nations' General assembly
25th September 2012
Speech of President János Áder
At United Nations' General assembly