The fundamental law of Hungary*

Article S

(1) A proposal for the adoption of a new Fundamental Law or for the amendment of the Fundamental Law may be submitted by the President of the Republic, the Government, any parliamentary committee or any Member of Parliament.

(2) The adoption of a new Fundamental Law or the amendment of the Fundamental Law shall require the votes of two-thirds of the Members of Parliament.

(3)The Speaker of Parliament shall sign the adopted Fundamental Law or the adopted amendment of the Fundamental Law within five days and shall send it to the President of the Republic. The President of the Republic shall sign the Fundamental Law or the amendment of the Fundamental Law sent to him within five days of receipt and shall order its publication in the Official Gazette. If the President of the Republic finds that any procedural requirement laid down in the Fundamental Law with respect to adoption of the Fundamental Law or the amendment of the Fundamental Law has not been met, he or she shall request the Constitutional Court to examine the issue. Should the examination by the Constitutional Court not verify the violation of such requirements, the President of the Republic shall immediately sign the Fundamental Law or the amendment of the Fundamental Law, and shall order its publication in the Official Gazette.

(4) The designation of the amendment of the Fundamental Law in its publication shall include the title, the serial number of the amendment and the date of publication.

Article T

(1) Generally binding rules of conduct may be laid down in the Fundamental Law or legal regulations adopted by an organ having legislative competence and specified in the Fundamental Law which is published in the Official Gazette. A cardinal Act may lay down different rules for the publication of local government decrees and of legal regulations adopted during any special legal order.

(2) Legal regulations shall be the Acts of Parliament, the government decrees, the decrees of the Prime Minister, the decrees of Ministers, the decrees of the Governor of the National Bank of Hungary, the decrees of the head of an autonomous regulatory organ and local government decrees. In addition, decrees of the National Defence Council adopted during a state of national crisis and decrees of the President of the Republic adopted during a state of emergency shall also be legal regulations.

(3) No legal regulation shall conflict with the Fundamental Law.

(4) Cardinal Acts shall be Acts, the adoption and amendment of which require the votes of two-thirds of the Members of Parliament present.

Article U

(1) The form of government based on the rule of law, established in accordance with the will of the nation through the first free elections held in 1990, and the previous communist dictatorship are incompatible. The Hungarian Socialist Workers’ Party and its legal predecessors and the other political organisations established to serve them in the spirit of communist ideology were criminal organisations, and their leaders have responsibility without statute of limitations for:

a) maintaining and directing an oppressive regime, violating the law and betraying the nation;

b) thwarting with Soviet military assistance the democratic attempt built on a multi-party system in the years after World War II;

c) establishing a legal order built on the exclusive exercise of power and unlawfulness;

d) putting an end to the economy based on the freedom of property and indebting the country;

e) submitting Hungary’s economy, national defence, diplomacy and human resources to foreign interests;

f) systematically devastating the traditional values of European civilisation;

g) 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;

h) 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;

i) all ordinary crimes 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.

(2) With regard to Paragraph (1), the operation of the communist dictatorship shall be realistically revealed and society’s sense of justice shall be ensured in accordance with Paragraphs (3)–(10).

(3) In order for the State to preserve the memory of the communist dictatorship, a Committee of National Memory is hereby established. The Committee of National Memory shall reveal the operation of the communist dictatorship in terms of power and the role of individuals and organisations that held communist power, and shall publish the results of its activity in a comprehensive report and other documents.

(4) The holders of power under the communist dictatorship shall be obliged to tolerate statements of facts about their roles and acts related to the operation of the dictatorship, with the exception of deliberate statements that are untrue in essence; their personal data related to such roles and acts may be disclosed to the public.

(5) The pensions or any other benefits provided by the State under legal regulations to leaders of the communist dictatorship defined by an Act may be reduced to the extent specified in an Act; the arising revenues shall be used to mitigate the injuries caused by the communist dictatorship and to keep alive the memory of victims as provided by an Act.

(6) Serious crimes defined in an Act which were committed against Hungary or persons under the communist dictatorship in the name or in the interest of, or in agreement with the party-state and which were left unprosecuted for political reasons by ignoring the Act on criminal law in force at the time of commission, shall not be considered as time-barred.

(7) The crimes referred to in Paragraph (6) shall become time-barred on the expiry of the period defined in the Act on criminal law in force at the time of commission, to be calculated as of the day of the entry into force of the Fundamental Law, provided that they would have become time-barred by 1 May 1990 under the Act on criminal law in force at the time of commission.

(8) The crimes referred to in Paragraph (6) shall become time-barred on the expiry of the period between the date of commission and 1 May 1990, to be calculated as of the day of the entry into force of the Fundamental Law, provided that they would have become time-barred between 2 May 1990 and 31 December 2011 under the Act on criminal law in force at the time of commission and that the perpetrator was not prosecuted for the crime.

(9) No legal regulation may establish new legal grounds for compensation providing financial or any other pecuniary payment to individuals who were unlawfully deprived of their lives or freedom for political reasons and who suffered undue property damage by the State, before 2 May 1990.

(10) The documents of the communist state party, of the civil society organisations and youth organisations established with the contribution of or influenced directly by the communist state party, and of trade unions, created during the communist dictatorship shall be property of the State and shall be deposited in public archives in the same way as the files of organs performing public duties.



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