About the Institution of the President of the Republic

Article 29 Paragraph 1 of the Constitution of the Republic of Hungary stipulates the principal task of the President of the Republic: he represents the nation’s unity and safeguards the democratic functioning of the state organization. This gives an orientation and background for practising those competencies provided for by the Constitution and laws.

In the following we enlist the most important competencies of the President and the decisions that can be made on that basis.

Promulgation of Laws

According toArticle 26 Paragraph 1 of the Constitution the President of the Republic shall ensure promulgation of the statutes within a period of fifteen days following its receipt, or within a period of five days if the Speaker of Parliament requests that the issue be accorded urgency. . Prior to that, the President signs the law. The promulgation is done in the Official Gazette (Magyar Közlöny).

Proposing Preliminary Norm Control

Pursuant to the Article 26 Paragraph 4 of the Constitution the President of the Republic may refer a statute adopted by Parliament to the Constitutional Court for review within the period of time specified in Article 26 Paragraph 1 prior to signing it, should he find any provision of such statute unconstitutional.

Returning Laws to Parliament for Reconsideration

As per Article 26 Paragraph 2 of the Constitution should the President of the Republic disagree with a law or with any provision of a law, he shall refer such law prior to its signing along with his comments to the Parliament for reconsideration.

Role in Forming the New Parliament and Government

Following the general parliamentary elections, the President convokes and opens the forming session of Parliament, makes proposal for the person of the Prime Minister, as well as, appoints the members of the Government on the proposal of the Prime Minister.

The President in International Relations, Participation in Concluding International Agreements

In accordance with the Article 30/A. Paragraph 1a) of the Constitution the Hungarian State is represented by the President of the Republic. This provision refers to the Hungarian State’s international legal representation  and is in harmony with the 1969 Vienna Convention on the Law of Treaties as well as with customary international law. The President’s competence of international representation is not subject to countersignature thus, - as the Constitutional Court’s terminology puts it - it is part of the President’s independent political decisions.

Pursuant to Article 30/A Paragraph 1 of the Constitution the President of the Republic concludes international agreements in the name of the Republic of Hungary. In case the agreement involves subjects of legislation, the previous approval of Parliament is required. This is a particular element of the competence  to represent the Hungarian state, since thereby the President is entitled to declare that the Republic of Hungary is bound by an international treaty. This declaration mostly takes the form of an instrument of ratification, signed by the President of the Republic and deposited or exchanged by the Minister of Foreign Affairs.

Appointments, releases, nominations

The President’s powers include the appointment and the release of numerous officials. Further, in several cases where the appointment or the election do not fall within his competency he is entitled to propose or nominate persons for certain positions. .

The Prime Minister is elected by the Parliament on the President’s proposal and it is the President of the Republic who – on the proposal of the Prime Minister – appoints or releases the Ministers and the State Secretaries.

On the proposal of the National Council of Justice (OIT) the President of the Republic appoints and releases the judges, as well as makes decisions on eventual suspension of their immunity. The President of the Supreme Court is elected by the Parliament on the proposal of the President of the Republic, the vice presidents are appointed by the President of the Republic on the proposal of the President of the Supreme Court after having consulted the OIT.

The Prosecutor General is elected by Parliament on the proposal of the President of the Republic, and  his deputies are appointed by the President on the proposal of the Prosecutor General.

On the proposal of the Prime Minister, the Head of State appoints the Governor of the National Bank of Hungary (MNB). The Deputies and the other members of the Monetary Council are appointed by the President of the Republic on the proposal of the Governor of MNB and on the submission of the Prime Minister.

It is the President of the Republic who makes proposal to Parliament for the persons of Parliamentary Commissioners of citizen rights, national and minority rights, as well as for the Ombudsman of data protection.

The Chairman of the Hungarian Competition Authority (GVH) is appointed by the President of the Republic on the proposal of the Prime Minister. For the persons of the two deputies, the Chairman of the GVH makes proposal to the Prime Minister who – in affirmative case – submits it to the President of the Republic. The Deputy Chairmen are appointed by the President of the Republic and at the same time entrusts one of them to assume the duties of Chairman of the Competition Council. The other members of the Competition Council are appointed or released by the President of the Republic on the proposal of the Chairman of the Competition Authority.

The university professors and the presidents of universities are appointed by the President on the proposal of the institutional council and on the submission of the Minister of Education. As far as the presidentsof non-state-run universities concern, it is the maintainer who makes proposal and the Minister of Education who makes a submission to the President for the appointment.

On the proposal of the Minister of Foreign Affairs, the President of the Republic accredits and receives the ambassadors and envoys.

On the basis of the competent ministers’ proposals, the Head of State appoints and promotes the generals.

On the Prime Minister’s proposal the President appoints the President of the Hungarian News Agency (MTI) and the President of the National Council for Communications and Information Technology. The President of the National Radio and Television Commission is nominated jointly by President of the Republic and the Prime Minister for election by Parliament.

The President of the Hungarian Academy of Sciences is elected from among the Hungarian academists by the General Assembly of the Academy on the proposal of the Hungarian academists and he is confirmed in his position by the President of the Republic.

Nationality Affairs 

By virtue of the Article 30/A Paragraph 1 subparagraph l) of the Constitution the President decides in nationality affairs  on the proposal of the Minister of the Interior.

Pardon Affairs

In accordance with the Article 30/A Paragraph 1 subparagraph k) of the Constitution the President – on proposal of the  Prosecutor General or the Minister of Justice – exercises the right of granting individual pardon.

Country Administration Decisions

On the proposal of the Minister of the Interior, the President of the Republic makes decisions on confering a title of town as well as on the establishment of a village.

The President is the Commander-in-Chief of the Armed Forces 

On the basis of Article 29 Paragraph 2 of the Constitution, the President of the Republic is the Commander-in-Chief of the armed forces. Assuming the duties and responsibility in the function of commander-in-chief is primarily guided by the relevantprovisions of the law on defence of 2004 and by decision No. 48/1991. (IX.26.) of the Constitutional Court.

Competencies Related to the Elections

According to Article 30/A Paragraph 1 subparagraph d) of the Constitution the President of the Republic sets the date of general parliamentary and local government elections.

Grant of Decorations

By Article 30/A Paragraph 1 subparagraph d) of the Constitution the President of the Republic grants those titles, orders of merit and decorations described in the relevant law. The Order of Merit of the Hungarian Republic is granted on the proposal of the Prime Minister while the Cross of Merit is proposed by the competent minister.