The Constitution of the Republic of Hungary (abstract issue)
The Constitution of the Republic of Hungary
[Act XX of 1949 as revised and restated by Act XXXI of 1989]
Hungary shall be a republic.
(1) The Republic of Hungary shall be an independent, democratic state under the rule of law.
(2) In the Republic of Hungary all power shall be vested in the people, who exercise their sovereignty through elected representatives and directly.
The President of the Republic
(1) The President of the Republic shall:
(d) announce general parliamentary, local self-government and mayors elections, as well as the dates of European Parliament elections and national referenda;
The Hungarian Defence Forces and the law enforcement agencies
(4) Professional members of the Hungarian Defence Forces, the Police and the national security services may not be members of political parties and may not engage in political activities; furthermore they may not stand as candidates in parliamentary, european parliamentary elections and the election of representatives of local self governments and mayors during their serving relationship and for a period of 3 years after the termination of the serving relationship.
(1) The territory of the Republic of Hungary shall be divided into the capital, the counties, the cities and the municipalities.
(2) The capital shall be divided into districts. Districts may be formed in cities.
The community of voters of the municipalities, cities, the capital and its districts, as well as the counties shall have the right to local self-government. Local self-government shall be the independent, democratic management of local affairs affecting the community of voters and the exercise of local public authority in the interests of the population.
(1) The fundamental rights of all local self-governments (Article 44/A.) shall be equal. The duties of local self-governments may differ.
(2) The rights and duties of local self-governments shall be determined by statute. The lawful exercise of the powers of local self-government shall be afforded the judicial protection; the local self-government may turn to the Constitutional Court for the protection of its rights.
(1) Voters exercise local self-government through the representative body elected by them and by way of local referendum.
(2) With the exception of mid-term elections, members of local representative bodies and mayors shall be elected in October of the fourth year following the previous general elections.
(3) The mandate of the representative body shall last until the day of the local self-government elections. If elections were not held due to the lack of candidates, the mandate of the representative body shall be extended until the day of the by-elections. The mandate of the mayor shall last until the election of the new mayor.
(4) A representative body may declare its dissolution prior to the expiration of its mandate and in accordance with the conditions stipulated in the statute on local self-government. Upon dissolution of the body or its being dissolved [Article 19 section (3) clause (L)], the mandate of the mayor also terminates.
(1) The local representative body:
(a) shall independently manage and administrate the affairs of local self-government; its decisions may only be reviewed on the grounds of their legality;
(b) shall exercise the rights of ownership in respect of the property of the local self-government, independently manage local self-government revenues, and may undertake entrepreneurial activities at its own liability;
(c) shall be entitled to its own revenues appropriate for performing the duties of local self-government as prescribed by statute, and shall furthermore be entitled to state support commensurate to the scope of such tasks;
(d) shall determine the types and rates of local taxes within the framework established by statute;
(e) shall independently establish its own organization and rules of procedure within the framework established by statute;
(f) may create symbols and emblems of local self-government, and establish local honors and titles;
(g) may, in public matters that affect the local population, present initiatives to the decision-making organ responsible;
(h) may freely merge with other local representative bodies, may create local self-government associations for the representation of their interests, may co-operate with the local self-governments of other countries and may be a member of international organizations of local self-governments.
(2) Local representative bodies may issue decrees, which may not conflict with higher-ranking legal norms.
(1) The mayor shall be the chairman of the local representative body. The representative body may elect a deputy- mayor for substituting the mayor. Persons not being members of the representative body may be elected as deputy-mayor, but the mayor as the chairman of the representative body can only be substituted by a deputy-mayor who is a member of the representative body.
(2) The representative body shall elect committees and create offices.
(3) In exceptional cases, the mayor may perform duties and exercise powers of the public administration, in addition to his local self-government responsibilities, in accordance with a statute or a government decree authorized by a statute.
(4) Duties and powers of the public administration may be assigned, by a statute or government decree, to the Secretary of the local self-government and in exceptional cases to the administrators of the Office of Local self-government.
A majority of two-thirds of the votes of the Members of Parliament present is required to pass the statute on local self-governments. The fundamental rights of local self-governments may be restricted by a statute, which also requires a two-thirds majority.
The Basic Principles of Elections
(1) Members of Parliament, Members of the European Parliament, local self-government representatives, mayors and the mayor of the capital (Lord Mayor) shall be elected by direct, secret ballot by voting citizens, based on their universal and equal right to vote.
(2) The members of the local self-government representative bodies of counties shall elect the chairman of the representative body by direct, secret ballot. The chairman must be a Hungarian citizen.
(3) Separate statutes shall establish provisions for the election of Members of Parliament, Members of the European Parliament and members of representative bodies of local self-governments and mayors. A two-thirds majority vote of the Members of Parliament present shall be required to pass such statutes.
(4) A separate statute shall establish provisions for the election of representatives of minority self-governments. A two-thirds majority vote of the Members of Parliament present shall be required to pass such a statute.
Last modify: 2010.09.23.