Acts

Decrees of the Minister

Act XLI of 1999 concerning the distribution of areas (excerpt)

Act XLI of 1999 concerning the
distribution of areas

(excerpt)

On the administration of territory organisation related affairs determined under in the Constitution of the Republic of Hungary and Act LXV of 1990 on Local Governments (hereinafter referred to as Local Government Act (Ötv.), the Parliament enacts the following Act:

The scope of application of the Act

1. § The present Act shall be applied with respect to the following territory organisation related affairs concerning the State's territorial division:

a) annexing a settlement to another county,

b) establishing a new settlement, terminating the unification of settlements,

c) unification of settlements,

d) declaring a settlement a town/city,

e) transferring, taking over, exchanging parts of territories between settlement municipalities,

f) declaring a settlement a city with county rights,

g) determining the territory, name, seat of a county,

h) the territorial division of the capital city, annexing a part of the territory of a district of the capital to another district of the capital,

i) separating a district of the capital or the municipality of a part of the city from the capital and declaring it an independent municipality,

j) a settlement municipality joining the capital.

Common regulations

2. § The initiatives on the distribution of areas concerning the division of state property are voted on by the Parliament and the president once every year, except for the year of parliamentary and municipal elections.

3. § (1) For the thorough preparation of cases under the competence of the Parliament, local initiatives can be submitted to the Minister responsible for the Local Governments (hereinafter Minister) until April 30 of every year, except for the year of general elections.

(2) After the Minister presents the report of the submitted case – by August 30, the Government presents its proposal concerning the local initiative and its own initiatives by 30 of September to the Parliament, which then makes its decision about the initiatives by the 31 of December.

(3) Decisions concerning the election of Parliamentary representatives are effective from the day on which the general parliamentary elections are appointed.  Decisions concerning municipal elections come to effect on the day the general municipal elections are appointed.  If necessary, the Parliament makes its decision simultaneously with the decisions of the distribution of areas.

4. § (1) For cases that fall under the competence of the President – except for requests concerning settlements to be advanced to the status of ‘town’ – the initiative can be submitted to the Minister until April 30 of every year, except for the year of general elections.

(2) The Minister’s proposal is presented by November 30; the presidential decision is made by December 31.

(3) The decision comes into effect on the day of municipal elections.

5. § During the distribution of areas, if the municipality concerned has a local minority government, during the preparations the mayor asks for the opinion of the minority government of which the body of representatives is informed.

6. § (1) The initiative along with the preparatory communication is presented for the Minister through the administrative authority.

(2) The administrative authority verifies the lawfulness of the procedure and assesses the fulfillment of the legal requirements of the initiative. The administrative authority prepares a report of the initiative, and then forwards it to the Minister within 8 days of receipt of documentation.

Annexation of a region to a different county

7. § (1) In the initiative for the annexation of a settlement to a county adjacent to its administrative area, the body of representatives provide in detail the reasons of the annexation, present the benefits of the annexation for the development of the settlement and the majority of the population.  This, and the regulatory terms are put in a written report for the electors. The initiative must present the benefits concerning the following areas:

a) administrative services,

b) state and security services,

c) municipal services exceeding basic provisions,

d) other services for the population,

e) movement of workforce, main employers

f) connection to the region, associations, the county, the area development program of the area.

(2) The settlement can be annexed to the other county with all its administrative area. Proposing the annexation of only a part of the administrative area is only possible, if natural boundaries (river, road, railroad tracks) make it necessary.

(3) To the documentation of the initiative, the body of representatives encloses the descriptions and maps of the boundaries prepared by the property authorities. In case of a favorable decision, the boundaries described in the proposal can mean the new boundaries of the county.

(4) The body of representatives drafts a resolution of the results of the local referendum in the topic of the initiative, and attaches the resolution to the documentation of the initiative.

(5) The general assembly of the county at its next session, but no more three months after the receipt of documentation prepares a report of the initiative, in which a detailed assessment of the reasoning of the initiative is included.

(6) The following organizations must provide an opinion of the initiative – the opinion must be provided within 60 days of the request:

a) the state, security and public administrative organization affected by the change

b) local area development organizations

c) municipal governments of those towns, which – as planned – provide the municipal services exceeding basic provisions for the population of the initiating town.

Formation of a new community, abolishing of community unification

8. § (1) A written communication is prepared for the electors describing the formation of a new community or the abolishment of a community unification (hereinafter declaration of a community), the reasons for the initiative, the fulfillment of regulations by the initiating preparation committee.

(2) the documentation contains the committee proposals for the area of the new community, the naming of the community based upon expert opinion, the division of assets, property rights and obligations and also the bearing of costs.

(3) The preparatory committee prepares the calculations for the budget of the municipality. 

9. § (1) The preparatory committee requests the opinion of the body of representatives, and informs electors of the proposal and the budget calculations before the local referendum.

(2) As a part of the preparations for the local referendum, on forums organized for the population, the mayor informs the population of the opinion of the body of representatives concerning the initiative and its proposals.

10. § (1) 30 days after the valid and successful local referendum, the results of the referendum are collected in a resolution of the body of representatives.  This referendum also contains the opinion of the body of representatives on the proposals of the preparatory committee.

(2) The mayor forwards the resolution of the body and the preparatory documentation to the Minister – within 15 days of the session of the body of representatives.

11. § (1) If the proposal is incomplete, the Minister requests the concerned to provide the missing documentation. If the necessary documentation is supplied, the proposal can be presented within the deadline declared by law.

(2) If the legal conditions of the formation of a community are not met, or the required procedures were not followed, the Minister makes a decision through a resolution – not to forward the initiative. The resolution containing the decision is sent to the preparatory committee and the mayor of the concerned municipality within 3 days of decision making.

12. § (1) The preparatory committee and the body of representatives can request a review of the decision by the Metropolitan Court within 30 days of receipt of the resolution, by submitting the appeal to the Minister. The Minister sends the documentation to the Court within 3 days of receipt of the review request.

(2) The Court makes a decision of the appeal through non-legal proceedings within 30 days of receipt of documentation.  In the ruling, the court can refuse the appeal or overrule the decision of the Minister. No appeals are to be made after the Court decision is made.  If the Minister’s decision was overruled, the Minister submits the initiative to the president by November 30.

13. § In the case of the declaration of a community, the municipalities concerned agree on the division of assets, administrative areas and the new administrative boundaries. If the municipalities fail to close the agreement, with the petition of either party, the county court has right to decide.

 

Last modify: 2009.04.15.