The fundamental law of Hungary*



THE STATE


Parliament

Article 1

(1) HUNGARY’s principal organ of popular representation is Parliament.

(2) Parliament shall:

a) adopt and amend the Fundamental Law of Hungary;

b) adopt Acts;

c) adopt the State Budget and approve its implementation;

d) authorise the expression of consent to be bound by international treaties falling within its
tasks and competences;

e) elect the President of the Republic, the members and the President of the Constitutional Court, the President of the Curia, the President of the National Office for the Judiciary, the Supreme Prosecutor, the Commissioner for Fundamental Rights and his or her deputies, and the President of the State Audit Office;

f) elect the Prime Minister, decide on any matter of confidence related to the Government;

g) dissolve representative bodies which operate in a way contrary to the Fundamental Law;

h) decide to declare a state of war and to conclude peace;

i) make decisions related to any special legal order and to participation in military operations;

j) grant general amnesty;

k) exercise other responsibilities and competences laid down in the Fundamental Law or in an Act.

Article 2

(1) Members of Parliament shall be elected by universal and equal suffrage in a direct and secret ballot, in elections which ensure free expression of voters’ will, in a manner laid down in a cardinal Act.

(2) The participation in the work of Parliament of nationalities living in Hungary shall be regulated by a cardinal Act.

(3) The general elections of the Members of Parliament shall be held in the month of April or May of the four year following the election of the previous Parliament, except for elections held due to Parliament dissolving itself or to it being dissolved.

Article 3

(1) The mandate of Parliament shall commence with its constitutive sitting, and shall last until the constitutive sitting of the next Parliament. The constitutive sitting shall be convened by the President of the Republic within thirty days of the elections.

(2) Parliament may declare its own dissolution.

(3) The President of the Republic may dissolve Parliament, and simultaneously announce new elections if:

a) Parliament, when the mandate of the Government terminates, fails to elect the person proposed by the President of the Republic for Prime Minister within forty days of presentation of the first nomination, or

b) Parliament fails to adopt the State Budget for the year in question by 31 March.

(4) Before dissolving Parliament, the President of the Republic shall be obliged to obtain the opinion of the Prime Minister, the Speaker of Parliament, and the leaders of the parliamentary groups.

(5) The President of the Republic may exercise his or her right set out in Paragraph (3)a) until Parliament elects the Prime Minister. The President of the Republic may exercise his or her right set out in Paragraph (3)b) until Parliament adopts the State Budget.

(6) The new Parliament shall be elected within ninety days of Parliament dissolving itself or of it being dissolved.

Article 4

(1) Members of Parliament shall have equal rights and obligations, they shall perform their activity in the public interest, and they shall not be given instructions in that respect.

(2) Members of Parliament shall be entitled to immunity and to remuneration ensuring their independence. A cardinal Act shall specify the public offices which shall not be held by Members of Parliament, and may lay down other cases of conflict of interests.

(3) The mandate of a Member of Parliament shall terminate:

a) upon completion of the term of office of Parliament;

b) upon his or her death;

c) upon the declaration of a conflict of interests;

d) upon resignation;

e) if the conditions required for his or her election no longer exist;

f) if he or she has failed to participate in Parliament’s work for one year.

(4) Parliament shall decide with the votes of two-thirds of the Members of Parliament present on the establishment of the absence of the conditions required for the election of a Member of Parliament, on the declaration of a conflict of interests, and on the establishment of a Member of Parliament’s failure to participate in Parliament’s work for one year.

(5) The detailed rules on the legal status and the remuneration of Members of Parliament shall be laid down in a cardinal Act.

Article 5

(1) The sittings of Parliament shall be open to the public. At the request of the Government or of any Member of Parliament, and with the votes of two-thirds of the Members of Parliament, Parliament may decide to hold a sitting in camera.

(2) Parliament shall elect the Speaker of Parliament, Deputy Speakers and parliamentary notaries from among its members.

(3) Parliament shall establish standing committees consisting of Members of Parliament.

(4) In order to coordinate their activities, Members of Parliament may establish parliamentary groups in accordance with the conditions laid down in the provisions of the Rules of Procedure.

(5) Parliament shall have a quorum if more than half of its Members are present at the sitting.

(6) Unless otherwise provided for by the Fundamental Law, Parliament shall take decisions with the votes of more than half of the Members of Parliament present. The provisions of the Rules of Procedure may require qualified majority for certain decisions to be taken.

(7) Parliament shall establish the rules of its operation and the order of its debates in the provisions of the Rules of Procedure adopted with the votes of two-thirds of the Members of Parliament present. In order to ensure undisturbed operation of Parliament and to preserve its dignity, the Speaker of Parliament shall exercise policing and disciplinary powers as defined by the provisions of the Rules of Procedure.

(8) The provisions ensuring regular sittings of Parliament shall be laid down in a cardinal Act.

(9) The security of Parliament shall be provided by a Parliamentary Guard. The Parliamentary Guard shall operate under the authority of the Speaker of Parliament.

Article 6

(1) The President of the Republic, the Government, any parliamentary committee or any Member of Parliament may take the initiative for Acts.

(2) Parliament may, upon the motion submitted before the final vote by the initiator of the Act, by the Government or by the Speaker of Parliament, send the adopted Act to the Constitutional Court for an examination of its conformity with the Fundamental Law. Parliament shall decide on the motion after the final vote. If the motion is adopted, the Speaker of Parliament shall immediately send the adopted Act to the Constitutional Court for an examination of its conformity with the Fundamental Law.

(3) The Speaker of Parliament shall sign the adopted Act and send it to the President of the Republic within five days. The President of the Republic shall sign the Act received and order its publication within five days. If Parliament sends the Act to the Constitutional Court for an examination of its conformity with the Fundamental Law under Paragraph (2), the Speaker of Parliament may only sign and send it to the President of the Republic if the Constitutional Court has not found any conflict with the Fundamental Law.

(4) If the President of the Republic considers an Act or any of its provisions to be in conflict with the Fundamental Law and no examination has been held under Paragraph (2), he or she shall send the Act to the Constitutional Court for an examination of its conformity with the Fundamental Law.

(5) If the President of the Republic disagrees with the Act or any of its provisions and has not exercised his or her right under Paragraph (4), prior to signing the Act he or she may return it once, along with his or her comments, to Parliament for reconsideration. Parliament shall hold a new debate on the Act and decide on its adoption again. The President of the Republic may also exercise this right if no conflict with the Fundamental Law has been established by the Constitutional Court in the examination conducted in accordance with Parliament’s decision.

(6) The Constitutional Court shall decide on the motion under Paragraph (2) or (4) with priority, but within thirty days at the latest. If the Constitutional Court establishes a conflict with the Fundamental Law, Parliament shall hold a new debate on the Act in order to eliminate the conflict.

(7) If the Constitutional Court does not establish any conflict with the Fundamental Law in the examination initiated by the President of the Republic, the President of the Republic shall immediately sign the Act and order its publication.

(8) The Constitutional Court may be requested again, in accordance with Paragraph (2) or (4), to examine the conformity of the Act debated and adopted by Parliament under Paragraph (6) with the Fundamental Law. The Constitutional Court shall decide on the repeated motion with priority, but within ten days at the latest.

(9) If Parliament amends the Act returned due to disagreement of the President of the Republic, the examination of conformity with the Fundamental Law in accordance with Paragraph (2) or (4) shall only be applicable to the amended provisions or on the grounds of failure to meet the Fundamental Law’s procedural requirements for the drafting of such Act. If Parliament adopts the Act returned due to any disagreement of the President of the Republic with the text unamended, the President of the Republic may request an examination of its conformity with the Fundamental Law on grounds of failure to meet the procedural requirements for the drafting of such Act.

Article 7

(1) Members of Parliament may address questions to the Commissioner for Fundamental Rights, the President of the State Audit Office, the Supreme Prosecutor, or the Governor of the National Bank of Hungary about any matter within their competence.

(2) Members of Parliament may address interpellations and questions to the Government or any of its members about any matter within their competence.

(3) The inquiry activities of parliamentary committees and the obligation to appear before the committees shall be regulated by a cardinal Act.



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