Basic Law of Hungary

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The Basic Law of Hungary ( Hungarian Magyarország Alaptörvénye ) regulates the basic political and legal order of the Central European country . It was passed on April 18, 2011, signed on April 25, 2011 and is therefore also known as the Easter Constitution . It came into force on January 1, 2012.

History of origin

József Szájer, Chairman of the Constitutional Committee, was one of the heads of the 2011 Hungarian constitution.

On August 20, 1949, the People's Republic of Hungary, ruled by the Party of Hungarian Working People (MDP), adopted a socialist constitution based on the Soviet model, the main features of which remained in place until 1989. In the course of the political change in 1989 , the political and legal system was placed on a new basis, with Hungary proclaiming itself as a parliamentary democracy and the rule of law. This came about as part of a comprehensive constitutional amendment that came into force on October 23, 1989. The old constitution of 1949 remained formally in place, albeit in a greatly changed form.

In the parliamentary elections in April 2010 , the national conservative Fidesz party won a two-thirds majority in the Hungarian parliament . In June 2010, two months after the election, the new government ( Orbán II cabinet ) set up a constitutional commission to draft a new constitution. On February 7, 2011, Prime Minister Viktor Orbán announced a new constitution that same year. A draft by the ruling party was submitted to parliament on March 15 and, after a few changes, passed on April 18, 2011 with 262 votes out of 385; 78 opposition MPs stayed away from the vote. President Pál Schmitt signed the draft on April 25, 2011; it came into force on January 1, 2012 (final provisions of the constitutional text, paragraph 1)

In questionnaires, the Hungarian population was able to take a position on twelve selected, rather marginal aspects of the new constitution. Among other things, the question was asked whether the new constitution should lay down not only civic rights but also duties of citizens, whether parents should be allowed to exercise the right to vote for their children or whether courts should actually be able to impose life imprisonment. In addition, questions were asked about the taxation of the costs of raising children, about the participation of companies in public tenders or about the protection of animal and plant species that are exclusively native to Hungary. It was not asked whether a new constitution was necessary at all. The government sent the questionnaires to all eight million or so eligible voters. According to the Fidesz politician József Szájer , who was the chairman of the constitutional committee and the consultative committee that prepared the questionnaires, only around 800,000 questionnaires were answered, and according to Prime Minister Orbán 900,000 questionnaires, which the latter described as a “representative result”. A constitutional referendum did not take place, but was not required by the old constitution either.

structure

Coat of arms of Hungary

The constitution is divided into a preamble and three large sections, some of which are divided into further sections. The first section is headed “Basics” and contains 20 articles marked with capital letters with basic provisions on, among other things, the name of the state, the form of government, the separation of powers, the applicability of European and international law, the administrative structure, nationality, marriage and family as well as the basic principles of the economic system and financial management . National symbols and insignia of the state such as coat of arms , flag , national anthem and national holidays as well as the forint as the national currency are also regulated .

The second section is headed “Freedom and Responsibility” and comprises a 31-article catalog of fundamental rights. The articles are numbered in Roman numerals.

Section three is entitled "The State". This specifies the structure of the state or the three branches (legislative, executive, judicial). This section consists of 54 articles numbered in Arabic numerals. The subsection “Special legal system” includes regulations for the state of emergency and emergency as well as for external threats to the state.

items Designation (German) Name (Hungarian)
preamble National creed Nemzeti Hitvallás
AT Basics Alapvetés
I-XXXI Freedom and responsibility Szabadság és felelősség
The State Az állam
1-7 Parliament Az Országgyűlés
8th Referendum at the state level Országos népszavazás
9-14 The President of the Republic A köztársasági elnök
15-22 The government A Kormány
23 Independent regulatory bodies Önálló szabályozó szervek
24 The Constitutional Court Az Alkotmánybíróság
25-28 dishes A bíróság
29 Public prosecutor Az ügyészség
30th The ombudsman for fundamental rights Az alapvető jogok biztosa
31-35 The local self-government A helyi önkormányzatok
36-44 Public money A közpénzek
45 The Hungarian Army A Magyar Honvédség
46 Police and National Security Services A rendőrség és a nemzetbiztonsági szolgálatok
47 Decision on participation in military operations Döntés katonai műveletekben való részvételről
Special legal system A különleges jogrend
48 Common rules for a state of emergency and a state of emergency A rendkívüli állapotra és a szükségállapotra vonatkozó közös szabályok
49 state of emergency A rendkívüli állapot
50 Emergency A szükségállapot
51 Preventive defense situations A megelőző védelmi helyzet
52 Unexpected attack A váratlan támadás
53 Dangerous situations A veszélyhelyzet
54 Common regulations in relation to a particular legal system A különleges jogrendre vonatkozó közös szabályok
Final provisions Záró rendelkezések

content

preamble

The extensive preamble of the Hungarian constitution is headed as “National Confession” ( Nemzeti Hitvallás ). It is preceded by the first sentence of the Hungarian national anthem “God, bless the Hungarians” ( Isten, áldd meg a magyart ). The actual preamble includes a declaration by the “members of the Hungarian nation”, which sees itself as an ethnically and culturally defined cultural nation that takes “responsibility for all Hungarians”. The pride in common ancestors, “the great intellectual creations of Hungarian people” and the fact that the Hungarian people “defended Europe in struggles for centuries and with their talents and diligence increased the common values ​​of Europe” is emphasized. The ethnic minorities living in Hungary are characterized as “part of the state-building part of the Hungarian political community”, but not as part of the “Hungarian nation”. The latter undertakes to preserve "our [= the Hungarian nation] heritage, our unique language, Hungarian culture, the language and culture of the nationalities living in Hungary ". The formulation differentiates between a Hungarian nation based on "Hungarian culture" and language and separate "nationalities living in Hungary". Furthermore, the preamble summarizes the main national goals. It contains a commitment to human dignity, peace, security, order, truth and freedom. The state should serve the citizens, their "affairs with equity, without abuse or prejudice dedicate themselves" and help "needy and poor".

The "Holy Crown"

Nationalistically charged references to Hungarian history take up a lot of space. The preamble honors King Stephen the Holy , who “put the Hungarian state on a firm foundation a thousand years ago” and “made the Hungarian homeland part of Christian Europe”. The “achievements” of the “historical constitution” are praised, but the concept remains unclear. The "state continuity of Hungary" is embodied by the " Holy Crown " ( Szent Korona ). The preamble also makes positive reference to the 1956 Hungarian People's Uprising , known as the “Revolution” . March 19, 1944, the day of the occupation of Hungary by Nazi Germany , is described as the loss of the "state self-determination of our homeland", which only took place on May 2, 1990, the day of the constituent session of the first freely elected parliament after the fall of 1989 / 90, has been restored. The Nazi dictatorship of the Arrow Cross and the Communist People's Republic of Hungary after the Second World War are, as it were, excluded from the national history of Hungary and interpreted as externally determined. This becomes clear, among other things, through the explicit rejection of legal continuity with the “communist constitution of 1949, which formed the basis of an arbitrary rule”, and the disapproval of the “repeal of our historical constitution as a result of the occupation by foreign powers ". In this context, the preamble condemns the “ inhuman crimes committed against the Hungarian nation and its citizens during the National Socialist and Communist dictatorship ”, but leaves behind the injustices committed and Hungary's active participation in the Second World War and partly in the Holocaust under the authoritarian Horthy regime (in power from 1920/21 to 1944) not mentioned.

The preamble names various values ​​to which the Hungarian constitution and thus the Hungarian state feel committed. Underneath there are clear references to Christianity . The preamble pays tribute to the “diverse religious traditions” of the country, but particularly emphasizes the “role of Christianity in the preservation of the nation”. In the final provisions of the constitution, the “responsibility before God and man” is emphasized. In addition to loyalty and love, faith represents one of the “fundamental values” of the “togetherness” of the “members of the Hungarian nation”. “Family and nation” are named as the most important social pillars. The “power of community” and the “honor of man” feed on “work” and the “performance of the human spirit”. To overcome the “moral shock” in the 20th century, a “spiritual and spiritual renewal” is necessary. Finally, the readiness is invoked to "base the order of our [= the citizens of Hungary] country on the cooperation of our nation".

In contrast to the preambles of many other constitutions, the “National Confession” is not only a formulaic summary of the intention of the constitution maker, but must also be explicitly taken into account in the legal interpretation of the constitution.

Fundamental rights and obligations

Fundamental rights

The section “Freedom and Responsibility” contains a 31-article catalog of fundamental rights. A distinction must be made here between general basic rights, which everyone is entitled to ( human rights ), and civil rights , which only Hungarian citizens are entitled to.

The constitution recognizes the fundamental human rights as inviolable and inalienable, but admits that fundamental rights can be restricted in the interest of “protecting a value of the constitution” (Article I). Human dignity , the right to life (Article II), freedom and personal security (Article IV), defense against unlawful attacks on persons or property (Article V), privacy and data protection (Article VI), thoughts are protected and guaranteed - , freedom of conscience and religion (Article VII), freedom of assembly and association (Article VIII), freedom of expression and the press (Article IX), freedom of art and science (Article X), freedom of occupation (Article XII), the right to Property (Article XIII), the right to asylum (Article XIV), the right to physical and mental health (Article XX), the right to an intact environment (Article XXI), the right to petition (Article XXV), the right to freedom of movement (Article XXVII ) and the right to a fair trial and remedy (Article XXVIII). The right to life is explicitly extended to embryos and fetuses from conception (Article II). With regard to the freedom of religion, the constitution emphasizes the separation of state and churches , but at the same time stipulates that "the state [...] acts together with the churches to fulfill common goals" (Article VII). Torture , degrading sentences, serfdom , human trafficking , involuntary experimentation on humans, eugenic measures and human cloning are prohibited (Article III). The equality of all people before the law and the prohibition of discrimination on the basis of “race, skin color, gender, disability, language, religion, political or other opinion, national or social origin, financial situation, birth or other situations” (Article XV) . Age and sexual orientation are not mentioned. In particular, Article XV emphasizes equality between men and women . Article L establishes the protection of marriage and the family as a national goal and defines marriage as a life partnership between a man and a woman. Same-sex marriages are therefore excluded. Article XVI regulates the rights of minors . Article IV allows for life imprisonment without early release in certain cases.

The civil rights reserved for Hungarian nationals include the right to education including free primary and secondary education (Article XI), the right to social benefits in certain cases such as illness, invalidity, old age or involuntary unemployment (Article XIX) and the right to vote (Article XXIII).

Fundamental rights are monitored by a fundamental rights ombudsman in accordance with Article 30 . Its task is to examine possible violations of fundamental rights at the request of anyone and to suggest improvements. He can appeal to the Constitutional Court to have legislation checked for its constitutionality (Article 24, paragraph 2e). He also has to report to Parliament annually. The ombudsman is elected by parliament for a period of six years. He may not belong to any political party or engage in political activities.

Basic duties

The Hungarian constitution not only defines human and civil rights, but also essential duties that are imposed either on all persons living in Hungary or on citizens. According to Article XII, there is an obligation to work, i. In other words, each person has to "contribute to the growth of the community" depending on their capabilities and abilities. A similar provision is contained in Article N, which obliges all persons to “contribute to the fulfillment of state and community tasks”. Workers have the right to join a union , to conclude collective agreements and to walk out of work (Article XVII, paragraph 2), but this right is relativized by Article XVII, paragraph 1, which instructs workers and employers to do something in the interests of the economic well-being of the nation “and others common goals ”.

Article XVI regulates the duty of parents to care for their children. Conversely, children of legal age must also look after their parents if they are in need (Article XVI, paragraph 4).

Article XXXI paragraph 1 finally stipulates that every Hungarian citizen is "obliged to protect and defend their homeland", without any restrictions (for example on the state of war). The following paragraphs 2 to 4 are more concrete: Hungary maintains a purely professional army , but adult male citizens residing within the country's borders “in exceptional circumstances” can be called upon for military service with or without a weapon or for “duty to work in national defense”. A state of emergency can be declared in accordance with Article 48 in the event of a state of war or direct threat of war ( see section " State of emergency and emergency ").

Citizenship and relationship to minorities in one's own country and to Hungarian minorities living abroad

Hungarian majorities in Central Europe
(according to the 1991 and 1992 censuses)

Hungarian citizenship is owned by anyone who is born to a Hungarian citizen or who legally acquires citizenship, and it cannot be revoked (Article G). A law has existed in Hungary since May 2010 that grants Hungarian-speaking people outside the country's borders the right to Hungarian citizenship. The constitution leaves open the possibility of also granting Hungarian nationals who are not resident in Hungary the right to vote by law (Article XXIII, Paragraph 4).

The Hungarian state expressly assumes “responsibility for the fate of Hungarians living outside its national borders” (Article D). This has to be seen against the background that in the neighboring countries of Hungary, especially in Romania (see Magyars in Romania ), Slovakia (see Magyars in Slovakia ), Serbia and Ukraine , there are large Hungarian-speaking minorities. The constitution obliges the Hungarian state to promote these Hungarian-speaking communities abroad and their “cooperation with one another and with Hungary”, as well as to support the efforts of these communities to “preserve their Hungarian nation” (Article D).

All nationalities and ethnic groups living in the country are granted the right to free identity, use of their mother tongue and mother tongue instruction (Article XXIX). However, the only official language is Hungarian, which is specially protected by the state (Article H). Ethnic minorities have the right to establish their own self-governing bodies (Article XXIX).

Organization of the state

State name and form of government

The official state name is "Hungary", no longer - as in the old constitution - "Republic of Hungary". Hungary is a republic and a democratic constitutional state. The principle of popular sovereignty , which is exercised through elections, applies . In exceptional cases, the Constitution also provides for referendums before ( see section " referenda "). The constitution is committed to the principle of the separation of powers .

legislative branch

Parliament and legislative process
László Kövér , President of Parliament since 2010

The composition and powers of the legislative power ( legislature ) and the legislative procedure are defined in Articles 1 to 8. According to Article 1, the legislative power lies in the hands of the one-chamber Hungarian Parliament , which is also the highest representative body. Its composition is determined every four years by direct and secret election by the people. The right to vote and to stand as a candidate is basically available to all Hungarian citizens of legal age, although it may, but does not have to be, attached to a residence in Hungary by means of a priority law ( see section " Constitutional amendments and priority laws "), and in the case of the right to stand as a candidate , to other conditions (Article XXIII). The age of majority is not defined in the constitution itself, but is stipulated by law. Parliament can dissolve itself or be dissolved by the President, which leads to new elections within 90 days.

All members of parliament, the government and the president have legislative initiatives . Laws adopted by parliament must be confirmed by the president's signature. If the President does not agree with the law , he can forward it to the Constitutional Court for examination or return it to Parliament, where it will be debated again. The initiator of the law, the government and the President of Parliament may also have laws passed on to the Constitutional Court before they are passed.

The parliament elects the president of the country, the constitutional judges, the president of the curia ( see section “ Judiciary ”) and the ombudsman for fundamental rights ( see section “ Fundamental rights ”).

The President of Parliament is the President of Parliament, who is elected from among the members of Parliament. The President of Parliament must confirm laws adopted by Parliament with his signature and then forward them to the President for signature. He has the right to initiate a review of the constitutional conformity of adopted laws by the constitutional court.

Referendums

Article 8 of the Hungarian Constitution regulates the conditions for national referendums ( referenda ) that are basically possible. This requires the initiative of at least 200,000 eligible voters. If at least 100,000 eligible voters support a referendum or if a referendum is proposed by the president or the government, it is at the discretion of parliament whether or not to allow a national referendum. The result of a referendum is only binding for Parliament if over 50 percent of all eligible voters have taken part in the vote. Certain topics are excluded from referendums, including changes to the constitution and electoral law, the imposition of a state of emergency or emergency, participation in military operations and budgetary and tax legislation.

Budget legislation

Articles 36 and 37 of the Basic Law contain a “ debt brake ”, which is intended to limit Hungary's public debt to a certain level. As long as the national debt exceeds 50 percent of the gross domestic product (GDP), the parliament has to pass a national budget that reduces the debt in relation to the GDP. If the debt level does not exceed 50 percent of GDP, any budget that leads to the critical threshold of 50 percent being exceeded is unconstitutional. Exceptions are only permitted in certain crisis situations (persistent recession, state of emergency, state of emergency, war). In addition, the powers of the Constitutional Court are limited as long as the national debt exceeds 50 percent of GDP: In this case, core provisions of budget and tax laws may not be investigated and collected (Article 37 paragraph 4).

Article 44 provides for a special body to review the state budget, the Budget Council . This consists of three members. The President of the Budget Council appoints the President for a six-year term. The other two members are the President of the Hungarian National Bank, who is also appointed by the President in accordance with Article 9 and must be confirmed by a member of the government, and the President of the State Audit Office, who is elected by Parliament for a period of twelve years in accordance with Article 43. The Budget Council checks whether the state budget meets the requirements of the debt brake and has to give its approval. No budget may be passed without this approval. If Parliament does not approve a budget for the year in question by March 31, the President can dissolve Parliament and call new elections (Article 3 (3)).

Constitutional amendments and priority laws

Changes to the Hungarian constitution are only possible with a two-thirds majority of all members of parliament (Article S). According to Article T, a two-thirds majority of all parliamentarians present is required for the adoption and amendment of so-called "priority laws", which are thus given almost constitutional status. In numerous places in the Basic Law, reference is made to the fact that certain aspects may only be regulated in detail in a priority law. This concerns, among other things, regulations on citizenship, protection of the family, separation of church and state, media supervision, voting rights, military service, municipal administrations, army, police, national security services and extraordinary measures under the special legal system ( see section " Special legal system ").

executive

Government and prime minister
Viktor Orbán , Prime Minister since 2010

Main carrier of the executive power ( Executive ) is the government whose powers are set out in Articles 15 to 22nd The government is responsible to parliament and consists of the prime minister and the ministers. The Prime Minister is elected by Parliament on the proposal of the President and has the right to nominate the ministers of his government, who are then confirmed by the President. It determines the “general policy of the government” (Article 18, paragraph 1). This de facto gives him the most important position in the state, although he is formally subordinate to the president. The ministers manage their departments independently “within the framework of the general government policy”, but must answer to the Prime Minister (Article 18 paragraphs 2 and 4).

One fifth of the members of parliament can propose a motion of no confidence against the Prime Minister . If the application is confirmed by an absolute parliamentary majority, the Prime Minister is relieved of his office. New elections are not connected with this, however, since every motion of no confidence must contain a proposal for the office of Prime Minister. With the acceptance of the motion by parliament, the proposed person is automatically elected as the new prime minister (constructive vote of no confidence). Conversely, a serving prime minister and the confidence filters (vote of confidence). The Prime Minister can declare any vote in parliament, for example on a draft law, to be a vote of confidence. If he does not achieve the required absolute majority, his mandate and thus that of his government expire . The President then proposes a new Prime Minister. If this is not confirmed by parliament within 40 days, the president can dissolve parliament and call new elections.

president
János Áder , President since 2012

The Hungarian president is the country's head of state, but has largely representative tasks. Its powers are regulated in Articles 9 to 14. Every law has to be signed by him. The President may refuse to sign and return the relevant law to Parliament for revision or to the Constitutional Court for review. In addition, he has the right to initiate laws or referendums. However, he is not entitled to legislative powers. The president may dissolve parliament and schedule new elections if parliament cannot agree on a successor after the prime minister's mandate has expired (e.g. after his election, resignation or death) or if parliament does not raise the state budget in good time as prescribed in the Basic Law adopted ( see section “ Budgetary Legislation ”). The President is at least in form the Commander-in-Chief of the Hungarian Army , although "the work of the Hungarian Army [...] is directed by the government" (Article 45, paragraph 2). He has the right to appoint judges and the President of the Budget Council and the President of the Hungarian Academy of Sciences . Ministers, ambassadors, generals, the President of the Hungarian National Bank and university rectors, however, may only be appointed with the consent of a member of the government, whereby the President may refuse to appoint them if he fears "serious disruptions in the democratic functioning of the state organization" (Article 9, Paragraph 6). . In addition, the President takes on ceremonial functions such as representing Hungary or awarding high state awards.

The President is elected by Parliament for a five-year term. Any Hungarian citizen over the age of 35 is allowed to run for office. At most one re-election is planned. If the President acts unconstitutionally or unlawfully, Parliament can initiate impeachment proceedings against him with a two-thirds majority of all MPs. The Constitutional Court will then decide whether or not he will be removed from office. If the President of the State leaves office prematurely or if he is temporarily prevented from exercising his office, the President of Parliament takes over his office.

Judiciary

The highest court of Hungary is the Constitutional Court , whose tasks and powers are regulated by Article 24. Its main task is the protection of the Basic Law. For this purpose, it is allowed to examine laws, legal provisions and judicial decisions for conformity with the Basic Law. This can be done on your own initiative, on the basis of a constitutional complaint or at the request of the government, a quarter of the members of parliament or the ombudsman for fundamental rights. Laws that have been adopted but not yet promulgated can be forwarded to the Constitutional Court by the government, the President, the Speaker of Parliament or the respective initiator of the law, whereby in this case the court has a decision period of 30 days, and in the case of repeated examination of a previously forwarded law, a period of 10 days is set (Article 6 paragraphs 2, 4, 6 and 8). The compatibility of national legal provisions with international treaties also falls within the competence of the Constitutional Court. The constitutional provisions on the debt brake ( see section “ Budgetary Legislation ”), however, provide for a restriction of the room for maneuver. As long as Hungary's debt level exceeds 50 percent of the gross domestic product, the court may not review key aspects of the financial and tax legislation and declare them invalid (Article 37 paragraph 4). The Constitutional Court consists of 15 judges who are elected by parliament with a two-thirds majority for twelve years. Parliament also elects one of these judges as president. The constitutional judges may not be members of a political party or pursue any political activity.

According to Article 25, the highest authority in criminal, private and administrative matters is not the constitutional court, but the curia. The Curial Judges are appointed by the President, with the exception of the President of the Curia, who is elected by a two-thirds majority in Parliament (Article 26). The term of office of the President of the Curia is nine years.

Special legal system

Articles 48 to 54 lay down a “special legal order”, which includes regulations for the state of emergency , the state of emergency, the state of defense and for disaster situations. Under the special legal system, most of the fundamental rights guaranteed in the constitution can be restricted, but the Basic Law may not be overridden (Article 54, paragraphs 1 and 2). It lasts until the causes for its proclamation have been removed.

State of emergency and emergency

In the event of war or if there is a risk of war, the state of emergency is proclaimed by parliament with a two-thirds majority and entitles it to convene a council for national defense. The decision on war and peace is made by parliament with a two-thirds majority. The National Defense Council consists of the government, the President, the Speaker of Parliament, one representative each from all parliamentary parties and - with an advisory role - the Army Chief of Staff. The Council performs the constitutional functions of parliament, government and president.

The state of emergency can be proclaimed by two thirds of all members of parliament in the event of an armed coup or an attempt to seize power or in the event of armed attacks on life and property. In times of emergency, in addition to the police and the other state security services, the army can also be used to end the emergency situation. The President can issue emergency ordinances with a duration of 30 days, which may be prematurely suspended or extended by Parliament.

If parliament is unable to convene due to a break in session or if it cannot be convened “because of the shortness of time, still because of the events triggering the state of war, the state of emergency or the state of emergency”, the president may declare war, declare a state of emergency or declare a state of emergency (Article 48, paragraphs 3 and 4). The decision must subsequently be confirmed by parliament with a two-thirds majority. As long as the state of emergency or emergency is in place, Parliament may not be dissolved. Elections are not permitted during this period.

Preventive defense and dangerous situations

According to Article 51, if there is a risk of an armed attack from outside or within the framework of alliance obligations, parliament is entitled to declare a so-called “preventive defense situation” with a two-thirds majority. This empowers the government to circumvent normal legislative procedures with regulations that remain in place until the defense situation ends. The preventive defense situation is limited by parliament, but can be extended as required.

According to Article 53, natural disasters and industrial accidents are considered dangerous situations. In these cases, too, the government can rule by ordinance. The ordinances remain in force for 15 days but can be extended. Dangerous situations are declared by the government.

Amendment from 2013

On March 11, 2013, the Hungarian parliament passed a further amendment to the Basic Law with the votes of the conservative parties. Above all, it limits the powers of the Constitutional Court. The highest judges may in future only examine constitutional amendments and additions in terms of procedural law, not in terms of content. In addition, they are not allowed to rely on their own rulings from the time before the current constitution came into force in January 2012. In addition, the new version of the Basic Law of Hungary allows for the prohibition of election advertising in private media and the punishment of homeless people if they spend the night outdoors.

On March 26, 2013, President János Áder signed the amendment.

Amendment from 2018

In the new constitution of 2018, against the background of the refugee crisis, Article 5 banned the settlement of foreign peoples. Furthermore, the identity of Hungary was determined to be Christian-occidental.

criticism

The 2011 version of the Constitution aroused much criticism both in Hungary and abroad. Members of the opposition and moderate conservatives criticized the fact that the ruling party Fidesz , which has a two-thirds majority in parliament, wanted to enshrine its own national-conservative ideology in the constitution. For this reason , the largest opposition party, the social democratic MSZP , and the green party LMP refused to cooperate on the draft constitution. Most MPs from the two parties also boycotted the vote on April 18, 2011. The independent MP Katalin Szili submitted an alternative draft for a “Constitution of the Republic of Hungary”, which was rejected on March 28, 2011 by a clear majority. In the run-up to the adoption of the draft constitution, several thousand people demonstrated in Budapest against the planned constitution. One of the main points of criticism is the curtailment of the Constitutional Court's powers, which former President László Sólyom described as a “serious setback”. The Hungarian ombudsman for minorities, Ernő Kállai , whose office was abolished by the new constitution and replaced by an ombudsperson with more general responsibilities, spoke of a “step backwards” “with regard to the rights of minorities in Hungary”.

There was also extensive international criticism of the new Hungarian constitution. The Liberal Group (ALDE) in the European Parliament criticized in a statement, among other things, the lack of protection against discrimination on the basis of age and sexual orientation, the provisions on the protection of life, which would amount to a ban on abortion, the overemphasis on values ​​such as faith, community and nation Individual, the anchoring of traditional family ideas and Christianity as the basis of the Hungarian nation as well as the curtailment of the rights of the constitutional court. The ALDE parliamentary group leader and former Belgian Prime Minister Guy Verhofstadt described the constitution as a " Trojan horse for a more authoritarian political system in Hungary", while Hungarian MEPs rejected Verhofstadt's criticism as partisan. The Venice Commission of the Council of Europe was at the request of the Hungarian government to assess the new constitution, and criticized in a number of shortcomings and deficiencies. In its report of June 2011, the Commission emphasizes that fundamental democratic and rule of law principles have been adhered to and fundamental rights are protected, but at the same time it criticizes, among other things, the weakening of the Constitutional Court, the excessive and poorly justified application of the "priority laws", the insufficient democratic legitimation and the right of veto of the Budget Council, the vague definition of freedom of the press, minority rights and the judicial system as well as the open-ended description of the relationship to the Hungarian minorities living abroad. Life sentences without the possibility of early release, as provided for in Article IV of the Constitution, violate European human rights standards in their opinion. The Commission also sees certain aspects of the preamble as problematic, including the vague reference to the “historical constitution” of Hungary as a legal standard and the exclusion of minorities living in Hungary from the “Hungarian nation”. The constitution-making process is also criticized for lacking transparency, cross-party cooperation and public involvement. Representatives of the ruling party Fidesz rejected the criticism of the Venice Commission. Fidesz MEP József Szájer announced : "Hungary will not accept the Venice Commission's ruling on the new constitution". In a joint motion for a resolution dated July 1, 2011, the groups of Liberals, Social Democrats , Greens and Left in the European Parliament called on the Hungarian government to implement the recommendations of the Venice Commission.

After the constitution came into force, there was a large demonstration in front of the Budapest Opera House on January 2, 2012 , attended by tens of thousands of people, or 100,000 according to the organizers. The crowd criticized the constitution and called for Prime Minister Orbán to resign. The European Commission criticized 3 January 2012 various constitutional amendments that were adopted just before the entry into force of the Constitution, including a law that the independence of the Hungarian central bank limits, and announced the compatibility of these laws and the Constitution with current EU law to review and, if necessary, take legal action against Hungary.

On April 25, 2012, the EU Commission decided to file a lawsuit against Hungary at the European Court of Justice for violating the EU treaties. This sees the independence of the judiciary and the data protection officer as threatened. At the same time, however, the EU Commission also cleared the way for new talks about financial aid to Hungary, which had been suspended for months.
There was also sharp criticism of the March 2013 amendment at home and abroad. Critics accused Hungary of massively restricting civil rights. In a phone call, EU Commission President José Manuel Barroso called on Orbán to refrain from constitutional reform because it contradicted the principles of a constitutional state. A spokeswoman for Barrosos warned on Monday in Brussels that the EU Commission could again initiate proceedings against the Central European country. "We will not hesitate to use all means at our disposal to ensure that Member States meet their commitments," said the spokeswoman. "After the vote, we will see what we will do next."

Web links

literature

Individual evidence

  1. ↑ Elisabeth Katalin Grabow: Commentary on the further path of the new constitution ( Memento of the original from July 17, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. . In: Budapester Zeitung , February 7, 2011. Retrieved October 21, 2011.  @1@ 2Template: Webachiv / IABot / www.budapester.hu
  2. ^ Constitutional amendment in Hungary: "National creed" . In: taz , January 1, 2012. Retrieved January 1, 2012.
  3. ↑ www.verfassungen.eu (full text)
  4. ↑ full text
  5. ↑ Legislation of the Fundamental Law of Hungary ( Memento of the original from January 18, 2012 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Website of the Hungarian Parliament. Retrieved October 14, 2011.  @1@ 2Template: Webachiv / IABot / www.mkogy.hu
  6. ^ Hungary: Prime Minister Orbán announces a new constitution . In: Die Presse , February 7, 2011. Accessed October 21, 2011.
  7. ↑ Draft Law T / 2627 “Magyarország Alaptörvénye” (“Basic Law of Hungary”) of March 15, 2011 , website of the Hungarian Parliament. Retrieved October 21, 2011.
  8. ↑ Result of the vote: 262 for (68.1%), 44 against (11.4%), 1 abstention (0.3%), 78 absent (20.3%). Source: Vote on April 18, 2011 , Hungarian Parliament website. Retrieved October 21, 2011.
  9. ↑ Hungary: President Schmitt signs new constitution  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. @1@ 2Template: Toter Link / www.stern.de   . In: Stern , April 25, 2011. Retrieved October 21, 2011.
  10. ↑ full text
  11. ↑ Stephan Kirste : Will Hungary get a new constitution? VSR Europa Blog of the Faculty of Comparative Politics and Law, Andrássy University, Budapest, April 1st, 2011. Accessed October 21st, 2011.
  12. ↑ a b Gabriella Dobrin: Constitution in Hungary 2010/2011: Questionnaire on the new Hungarian constitution . VSR Europa Blog of the Faculty of Comparative Politics and Law, Andrássy University Budapest, March 8, 2011. Accessed October 21, 2011.
  13. ^ Peter Bognár: Prime Minister Orbán cemented power with a new constitution . In: Die Presse, April 1, 2011. Retrieved October 21, 2011.
  14. ↑ The curriculum vitae of József Szájer, Member of the European Parliament . Retrieved October 22, 2011.
  15. ↑ a b Simon Rahdes, Marco Schicker: The first word is: God. A party program as a constitution? - Hungary is getting a new constitution . In: Pester Lloyd , March 16, 2011. Retrieved October 21, 2011.
  16. ↑ Conversation: Viktor Orbán. “Countries with national self-respect are strong” . FAZ.net , May 14, 2011. Retrieved October 21, 2011.
  17. ↑ a b c Preamble to the Hungarian Constitution.
  18. ^ Hungary: Parliament approves new constitution . In: Handelsblatt , April 18, 2011. Accessed October 21, 2011.
  19. ↑ "The provisions of the Basic Law are to be interpreted in accordance with their objectives, with the National Confession contained therein and with the achievements of the historical constitution." (Article R Paragraph 3 of the Basic Law)
  20. ^ Fischer Weltalmanach 2011. Fischer Taschenbuchverlag, Frankfurt am Main 2010, p. 494.
  21. ↑ a b FAZ.NET: Parliament approves controversial constitutional amendment. In: FAZ.net . March 11, 2013, accessed October 13, 2018 .
  22. ↑ http://www.tagesschau.de/ausland/ungarn420.html ( Memento from March 29, 2013 in the Internet Archive )
  23. ↑ "Hungarian Constitution of 2018"
  24. ↑ The draft law T / 2628 "Constitution of the Republic of Hungary" was rejected by 250 of the 270 members present; the MPs from the MSZP and LMP largely stayed away from the vote. Source: Bill T / 2628 “A Magyar Köztársaság Alkötmánya” (“Constitution of the Republic of Hungary”) and the result of the vote of March 28, 2011 , website of the Hungarian Parliament. Retrieved October 21, 2011.
  25. ^ Hungary: Thousands demonstrate against planned constitution . In: Frankfurter Allgemeine Zeitung, April 17, 2011. Retrieved October 21, 2011.
  26. ↑ The anger grows: Two large demonstrations against the new constitution in Hungary . In: Pester Lloyd, April 17, 2011. Retrieved October 21, 2011.
  27. ↑ Hungary: Parliament adopts controversial constitution . In: Focus , April 18, 2011. Retrieved October 21, 2011.
  28. ↑ Sabrina Schadwinkel: Integration of the Roma: New Roma Strategy or New Alibi Policy? . In: EurActiv , April 11, 2011. Retrieved October 21, 2011.
  29. ^ A b Hungary's constitution as a “Trojan horse” for an authoritarian system . In: EurActiv, April 18, 2011. Retrieved October 21, 2011.
  30. ↑ Maximilian Steinbeis & Christian Boulanger: New Constitution: Why We Worry . In: The time . No. 17, April 20, 2011
  31. ↑ a b Elisabeth Katalin Grabow: Venice Commission is investigating the Basic Law  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. @1@ 2Template: Dead Link / www.budapester.hu   . In: Budapester Zeitung , July 8, 2011. Accessed October 21, 2011.
  32. ↑ a b c European Commission for Democracy through Law (Venice Commission): Opinion on the New Constitution of Hungary .
  33. ↑ "By admitting life imprisonment without parole, be it only in relation to the commission of willful and violent offenses, Article IV of the new Hungarian Constitution fails to comply with the European human rights standards if it is understood as excluding the possibility to reduce, de facto and de jure , a life sentence. ”(“ By allowing life imprisonment without parole, even if only in relation to intentional violent crimes, Article IV of the new Hungarian Constitution violates European human rights standards, insofar as it excludes the possibility to suspend life imprisonment, de facto and de jure. ”) (European Commission for Democracy through Law: Opinion on the New Constitution of Hungary ).
  34. ^ Joint motion for a resolution on the amended Hungarian Constitution of July 1, 2011, European Parliament website. Retrieved October 21, 2011.
  35. ↑ a b Protests against the new constitution . In: Frankfurter Allgemeine Zeitung, January 2, 2012. Accessed January 3, 2012.
  36. ↑ a b c demo against new constitution. In: Radio Austria 1 , January 3, 2012. Accessed January 3, 2012.
  37. ↑ Constitutional changes in Hungary: EU does not want to negotiate with Orbán about financial aid . In: Frankfurter Allgemeine Zeitung, January 3, 2012. Accessed January 3, 2012.
  38. ^ Marion Trimborn: Hungary: EU Commission sues Viktor Orban's government , in: Hamburger Abendblatt , April 25, 2012. Accessed April 25, 2012.