Constitution of Hungary
Encyclopedia
The Constitution of the Republic of Hungary (A Magyar Köztársaság Alkotmánya), its fundamental law, was adopted on 20 August 1949, and heavily amended on 23 October 1989. It is Hungary
's first and only permanent written constitution; the country is the only former Eastern Bloc
nation that did not adopt an entirely new constitution after the fall of Communism
. In 2011, a new constitution, styled Magyarország Alaptörvénye (Fundamental Law of Hungary), was passed, the first to be adopted within a democratic framework and following free elections. It is scheduled to enter into force on January 1, 2012.
; Statute XII of 1867 (enacting the Ausgleich); and further guarantees for constitutionalism, such as Statute IV of 1869, separating the executive and the judiciary; or the post-1870 statutes regulating local self-government and state administration.
Following the advent of the Hungarian Soviet Republic
, the Revolutionary Governing Council adopted a Provisional Constitution on 2 April 1919, providing for a Soviet-style political system. On 23 June, the National Assembly of Allied Councils adopted Hungary's first charter-like constitution, the Constitution of the Socialist Allied Council Republic of Hungary. However, that regime was crushed two months later and Hungary returned to its historical, unwritten pre-1918 constitution.
Despite the lack of a written constitution, several constitutional laws were passed during the interwar
period of the Kingdom of Hungary
. Statute I of 1920 confirmed the monarchical form of government (albeit with a vacant throne, the king's powers being exercised by regent Miklós Horthy
and his ministers) and vested legislative power in a diet
. Statute XLVII dethroned the Habsburg dynasty. A second chamber was established by Statute XXII of 1926. Successive constitutional acts increased the power of the regent, who was empowered to nominate forty senators at first, and during World War II
, eighty-seven.
were held under Statute VIII of 1945. Then, Statute I of 1946, a provisional constitutional statute (or "little constitution") passed on 31 January, formally ended the thousand-year monarchy and introduced a republican form of government. Then in 1949, after the Hungarian Working People's Party had assumed undisputed control of the country, the Communist-controlled parliament adopted the present constitution as Act XX of 1949. The date of its adoption, 20 August, made a new national holiday that coincided with the traditional holiday of the feast of Saint Stephen. The document has been described as "a slavish imitation of the Soviet-type constitutions, with some variations resulting from the historical and political differences between the Soviet Union and Hungary". (Specifically, it was modelled on the "Stalin" 1936 Soviet Constitution
.) Now, Hungary became a people's republic, which was "the state of the workers and working peasants". A Presidential Council elected by parliament was to be head of state, but real power rested with the Working People's Party, its leading role enshrined in the document. The National Assembly met for some ten days each year, with most rules taking the form of presidential and ministerial decrees. A variety of fundamental rights was guaranteed, but only for the working people (or in accordance with their interests). Church and state were separated.
Until 1989, the charter's basic features remained in effect, although the regime added important amendments in 1950, 1953, 1954, 1972 and 1983. Notably, Act I of 26 April 1972, comprehensively redrafted the constitution, proclaiming Hungary a socialist state. While the social, economic and political order remained the same, fundamental rights were now guaranteed for all citizens (but certain rights, like freedom of speech, press or assembly, still had to conform with the interests of socialism and the people). The preamble still paid tribute to the Soviet "liberators" but took a longer historical perspective, referring to the "millennium" of the people's struggle. The role of mass movements and trade unions (in addition to the party) in the building of socialism was acknowledged, the equal ranking of state and cooperative ownership asserted, and private producers recognised, so long as they did not "violate collective interests". As a moderate liberalisation continued to set in in the ensuing years, Act II of 1983 set up a Constitutional Council, intending to watch over the constitutionality of legal rules by giving internal review; and Act X of 1987 limited the Presidential Council's authority to issue law-decrees. Reforms were accelerated in 1989, with Act I envisaging the establishment of a Constitutional Court
and lifting political restrictions on the exercise of all fundamental rights, and Act VIII introducing the motion of no confidence
vis-à-vis the Council of Ministers and its members.
in mid-1989, desiring a document that would establish a multiparty system, parliamentary democracy and a social market economy. However, time pressure did not allow a new constitution to be written and on 18 October, the National Assembly adopted a new comprehensive amendment to the 1949 Constitution, which was to prevail until a new constitution was framed. This reform (Act XXXI of 1989) was the first thoroughgoing constitutional transformation in the Soviet bloc. It was adopted like a normal constitutional amendment, with at least two-thirds of MPs approving, and went into effect on 23 October, the anniversary of the Hungarian Revolution of 1956.
The 1989 reform established Hungary as a republic, an independent, democratic, constitutional state that was both civil democratic and democratic socialist. The economy was to be a social market
one, with planning employed and public and private property enjoying equal protection. The people were sovereign, with parties functioning freely. Among the new features introduced were a weak presidency and strong parliament
with oversight powers, checks and balances, limitations on the authority of the prime minister, provisions for referendums, and an independent judiciary. Outside the preamble, all references to "socialism
" were carefully deleted. The Constitutional Court
, whose members are elected by two-thirds of parliament, can annul laws declared unconstitutional, and has broad jurisdiction. The parliamentary term was reduced from five to four years. Human rights were emphasized, with reference to the International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social and Cultural Rights
. The changes were all-encompassing: it has been said, with some exaggeration, that only one provision remained untouched: "Budapest is the capital of Hungary". However, the form of the state was not changed; it was still described as a parliamentary democracy with parliament as "a supreme organ of state power and popular representation" that retained the power to elect the highest executive and judicial officers of the state.
Andrew Arato
, an expert on constitutions in new democracies, places the 1989 text under his "post-sovereign" constitution making paradigm, so called because no single body with full powers is tasked with drafting a new constitution. Rather, the model involves a body such as a round table of major political forces drafting an interim constitution, followed by a freely elected one composing a final draft. Aside from Poland and Hungary, this method was used several years later to create the Constitution of South Africa
. In Hungary, the preamble of the 1989 modification referred to its temporary character, a fact recalled when it was finally replaced by an entirely new constitution over two decades later.
brought the opposition to power, references to democratic socialism and the planned economy were dropped. (When these had been included half a year earlier, the Communists were thought much more popular than these elections showed them to be). Also that year, a pact between the Hungarian Democratic Forum
(MDF), who had won the elections, and the Alliance of Free Democrats
(SZDSZ), who came in second, resulted in additional changes. The President was to be elected by the Parliament rather than directly; the constructive vote of no confidence
was introduced; and areas in which a two-thirds majority was required to adopt a law were reduced, making governing easier. In exchange for agreeing to this set of MDF proposals, Árpád Göncz
of the SZDSZ was elected President. In 1994, the list of issues to be decided by parliament with a ⅔ majority was shortened, and the Constitutional Court was shrunk from 15 to 11 judges. In 1997 an amendment streamlined the judicial system, while later modifications allowed Hungary to join the European Union
. In late 2010, even as a new constitution was being prepared, an amendment was passed restricting the powers of the Constitutional Court on budget-related laws. Today, the document includes a preamble and is divided into fifteen chapters with 79 articles. In the mid-1990s, Prime Minister Gyula Horn
unsuccessfully tried to enact a new constitution. In 2006, during Ferenc Gyurcsány
's premiership, a new charter was drafted for internal use which mentioned the Holy Crown of Hungary and placed the Chief Prosecutor of Hungary
under government control; its contents were not made public until the 2011 debate on a new constitution.
At first, as the only Communist-era constitution retained in Eastern Europe, Hungary's charter and by extension its political system did not command a great deal of respect. The fact that it was preserved reflected a tradition of gradualism in Hungarian constitutional history; there was no constitutional assembly or referendum to confer additional legitimacy on the new system. And in particular, the enthusiastic Constitutional Court seemed more intent on applying German case law than the Hungarian constitution. However, it has gained stature since the early 1990s for three reasons. First, the process of gradual amendments allowed for experimentation that remedied some of its weaknesses. Second, the 1989 document became stable in 1997 when the government abandoned plans for drafting a new constitution. Finally, the Court never disregarded the constitution altogether, indeed remaining acutely aware of its text.
, a member of the European Parliament
; its members included János Csák, Hungarian ambassador to the United Kingdom; Zsigmond Járai
, chairman of the supervisory board of the Hungarian National Bank
; József Pálinkás
, president of the Hungarian Academy of Sciences
and former Minister of Education
; and Katalin Szili
, former Hungarian Socialist Party
Speaker of the National Assembly. The consultation involved questionnaires being mailed out to all citizens for their opinions; some 917,000 or 11% were returned. Provisions were then included or excluded based on consensus among respondents; for instance, a proposal to adopt voting rights for minors was shelved after citizens expressed disapproval.
The following April, the constitution, drafted on Szájer's iPad
, was approved on a 262-44 vote, with Fidesz and their Christian Democrat
coalition partners in favor and Jobbik opposed. The Hungarian Socialist Party
and Politics Can Be Different
, citing the ruling party's unwillingness to compromise on issues and their inability to change the outcome, boycotted both the drafting process and the vote. On April 25, President Pál Schmitt
signed the document into law, and it is scheduled to enter into force on the first day of 2012. The enactment came halfway through Hungary's six-month Presidency of the Council of the European Union
.
The constitution, described as socially and fiscally conservative, initiates a number of changes. In an effort to push the public debt below 50% of gross domestic product (from above 80% at the time of adoption), the powers of the Constitutional Court on budget and tax matters are restricted until debt falls below 50%. The President is allowed to dissolve Parliament if a budget is not approved, and only companies with transparent activities and ownership structures are allowed to bid for government contracts. The powers of the head of the National Bank are also limited, and the modification of tax and pension laws requires a two-thirds majority. The life of a fetus is protected from the moment of conception, and although the move is seen as opening the possibility for a future ban or restrictions on abortion
, existing laws were unaffected. Same-sex couples may legally register their partnerships
but marriage is defined as being between a man and a woman. A ban on discrimination does not mention age or sexual orientation, and the constitution allows life imprisonment
for violent crimes without the possibility of parole
. Judges' mandatory retirement age is lowered from 70 to the general retirement age–62 at the time of adoption, set to rise to 65 by 2022. The provision also covers prosecutors, while the Chief Prosecutor
and the head of the Curia are exempt. The country's name is changed from "Hungarian Republic" to "Hungary", and although the country remains a republic, the preamble contains references to the Holy Crown, as well as to God, Christianity, the fatherland and traditional family values. Certain issue areas, such as family policy, the pension system and taxation, formerly under the purview of the government in office, can be altered only through "Cardinal Acts" passed by a two-thirds majority and not subject to constitutional review. The Venice Commission
and the Hungarian Helsinki Committee
expressed concern over the provision; opposition parties asserted these could bind future governments to Fidesz' actions, but did promise to participate in the debate on the acts.
, the constitution marks a break with Hungary’s communist past, while Prime Minister Viktor Orbán
said it completes a transition to democracy and allows for sound finances and clean government after years of mismanagement and scandals. However, the opposition accused Fidesz of using its two-thirds majority in Parliament to push through its own constitution without cross-party consensus. Prior to and during the vote to adopt the constitution, thousands of protesters demonstrated in Budapest against its adoption; among their complaints are that it is an attempt by the government to cement its power beyond its term, force its Christian ideology on the country and limit civil liberties. Lack of opposition participation was also mentioned, but Deputy Prime Minister Tibor Navracsics
responded that other parties were invited to participate but refused. Members of the Hungarian business community mentioned possible future difficulties in adopting the euro
, noting a provision that enshrines the forint
as legal tender. However, a government official said that, if the two-thirds majority to change this provision could not be attained, it could be circumvented by other means, such as a referendum. One section of the preamble criticized by some historians as well as by the head of Hungary's Jewish community
is the statement that the country lost its independence when it was invaded and occupied by Nazi Germany
in March 1944. They asserted that the provision implies the state was not responsible for the ensuing deportation of Jews to extermination camps as part of the Holocaust
and that it could affect future restitution claims. Historian Géza Jeszenszky
strongly rejected criticism of the passage, saying the loss of Hungarian sovereignty in March 1944 due to foreign invasion is simply a historical fact that should not be denied. In its support, he also mentioned Germany's direct intervention into Hungarian politics, such as the arrest of cabinet members and of anti-German politicians. Direct intervention into Hungarian politics, such as removal of the Government at the time, including arrests of cabinet members and anti-German political figures and banning of Hungarian political parties is also mentioned as justification for the constitution's passage. Socialist leader Attila Mesterházy
denounced what he called "Fidesz's party constitution" and promised to change the constitution "on the basis of a national consensus" following the next elections. László Sólyom
, former President of Hungary and of the Constitutional Court, is a critic of limits imposed on the court and of the "common parliamentary wrangling" through which the charter was adopted.
Amnesty International
believes the document "violates international and European human rights standards", citing the clauses on fetal protection, marriage and life imprisonment, and sexual orientation not being covered in the anti-discrimination clause. Left-wing and liberal members of the European Parliament
asserted that it fails to protect citizens' rights and reduces legislative checks and balances. Among these was Guy Verhofstadt
, head of the Alliance of Liberals and Democrats for Europe
, who said the constitution could limit "fundamental human rights" and was adopted without transparency, flexibility, a spirit of compromise and sufficient time for debate. Werner Hoyer
, Germany
's deputy foreign minister, expressed his country's concern as well, prompting the Hungarian Foreign Affairs Ministry
to dismiss the remarks as "inexplicable and unacceptable". Additionally, United Nations Secretary-General Ban Ki-moon
suggested the government should address concerns about the constitution. In neighboring Slovakia
, which has a significant Hungarian minority
, at least three parties, including the governing Slovak Democratic and Christian Union, expressed concern about clauses that afford certain rights to ethnic Hungarians abroad, including the right to dual citizenship and the right to vote, and critics there fear that the move has expansive and nationalist objectives. Slovakia's Foreign Affairs Ministry stated that it would oppose any other country’s infringement of the Slovak Constitution, its sovereignty or the rights of its citizens. In response, Foreign Minister János Martonyi
assured his Slovak counterpart that the constitution has no extraterritorial effect.
on the 2011 constitution Resolution of the European Parliament on the 2011 constitution
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
's first and only permanent written constitution; the country is the only former Eastern Bloc
Eastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...
nation that did not adopt an entirely new constitution after the fall of Communism
Revolutions of 1989
The Revolutions of 1989 were the revolutions which overthrew the communist regimes in various Central and Eastern European countries.The events began in Poland in 1989, and continued in Hungary, East Germany, Bulgaria, Czechoslovakia and...
. In 2011, a new constitution, styled Magyarország Alaptörvénye (Fundamental Law of Hungary), was passed, the first to be adopted within a democratic framework and following free elections. It is scheduled to enter into force on January 1, 2012.
Background
For centuries, the Hungarian constitution was unwritten, based upon customary law. There was no civil code either; lawyers worked with the Corpus Iuris Hungarici. Among the laws that acquired constitutional force were a series of liberal statutes enacted during the 1848 RevolutionHungarian Revolution of 1848
The Hungarian Revolution of 1848 was one of many of the European Revolutions of 1848 and closely linked to other revolutions of 1848 in the Habsburg areas...
; Statute XII of 1867 (enacting the Ausgleich); and further guarantees for constitutionalism, such as Statute IV of 1869, separating the executive and the judiciary; or the post-1870 statutes regulating local self-government and state administration.
Following the advent of the Hungarian Soviet Republic
Hungarian Soviet Republic
The Hungarian Soviet Republic or Soviet Republic of Hungary was a short-lived Communist state established in Hungary in the aftermath of World War I....
, the Revolutionary Governing Council adopted a Provisional Constitution on 2 April 1919, providing for a Soviet-style political system. On 23 June, the National Assembly of Allied Councils adopted Hungary's first charter-like constitution, the Constitution of the Socialist Allied Council Republic of Hungary. However, that regime was crushed two months later and Hungary returned to its historical, unwritten pre-1918 constitution.
Despite the lack of a written constitution, several constitutional laws were passed during the interwar
Interwar period
Interwar period can refer to any period between two wars. The Interbellum is understood to be the period between the end of the Great War or First World War and the beginning of the Second World War in Europe....
period of the Kingdom of Hungary
Kingdom of Hungary (1920–1946)
The Kingdom of Hungary also known as the Regency, existed from 1920 to 1946 and was a de facto country under Regent Miklós Horthy. Horthy officially represented the abdicated Hungarian monarchy of Charles IV, Apostolic King of Hungary...
. Statute I of 1920 confirmed the monarchical form of government (albeit with a vacant throne, the king's powers being exercised by regent Miklós Horthy
Miklós Horthy
Miklós Horthy de Nagybánya was the Regent of the Kingdom of Hungary during the interwar years and throughout most of World War II, serving from 1 March 1920 to 15 October 1944. Horthy was styled "His Serene Highness the Regent of the Kingdom of Hungary" .Admiral Horthy was an officer of the...
and his ministers) and vested legislative power in a diet
Diet of Hungary
The Diet of Hungary was a legislative institution in the medieval kingdom of Hungary from the 15th century, and in its successor states, Royal Hungary and the Habsburg kingdom of Hungary throughout the Early Modern period...
. Statute XLVII dethroned the Habsburg dynasty. A second chamber was established by Statute XXII of 1926. Successive constitutional acts increased the power of the regent, who was empowered to nominate forty senators at first, and during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, eighty-seven.
1949 Constitution
Democratic electionsHungarian parliamentary election, 1945
The Hungarian parliamentary election of 1945 was held on 4 November of that year. It came at a turbulent moment in the country's history: World War II had had a devastating impact; the Soviet Union was occupying it, with the Hungarian Communist Party growing in numbers; a land reform that March had...
were held under Statute VIII of 1945. Then, Statute I of 1946, a provisional constitutional statute (or "little constitution") passed on 31 January, formally ended the thousand-year monarchy and introduced a republican form of government. Then in 1949, after the Hungarian Working People's Party had assumed undisputed control of the country, the Communist-controlled parliament adopted the present constitution as Act XX of 1949. The date of its adoption, 20 August, made a new national holiday that coincided with the traditional holiday of the feast of Saint Stephen. The document has been described as "a slavish imitation of the Soviet-type constitutions, with some variations resulting from the historical and political differences between the Soviet Union and Hungary". (Specifically, it was modelled on the "Stalin" 1936 Soviet Constitution
1936 Soviet Constitution
The 1936 Soviet constitution, adopted on December 5, 1936, and also known as the "Stalin" constitution, redesigned the government of the Soviet Union.- Basic provisions :...
.) Now, Hungary became a people's republic, which was "the state of the workers and working peasants". A Presidential Council elected by parliament was to be head of state, but real power rested with the Working People's Party, its leading role enshrined in the document. The National Assembly met for some ten days each year, with most rules taking the form of presidential and ministerial decrees. A variety of fundamental rights was guaranteed, but only for the working people (or in accordance with their interests). Church and state were separated.
Until 1989, the charter's basic features remained in effect, although the regime added important amendments in 1950, 1953, 1954, 1972 and 1983. Notably, Act I of 26 April 1972, comprehensively redrafted the constitution, proclaiming Hungary a socialist state. While the social, economic and political order remained the same, fundamental rights were now guaranteed for all citizens (but certain rights, like freedom of speech, press or assembly, still had to conform with the interests of socialism and the people). The preamble still paid tribute to the Soviet "liberators" but took a longer historical perspective, referring to the "millennium" of the people's struggle. The role of mass movements and trade unions (in addition to the party) in the building of socialism was acknowledged, the equal ranking of state and cooperative ownership asserted, and private producers recognised, so long as they did not "violate collective interests". As a moderate liberalisation continued to set in in the ensuing years, Act II of 1983 set up a Constitutional Council, intending to watch over the constitutionality of legal rules by giving internal review; and Act X of 1987 limited the Presidential Council's authority to issue law-decrees. Reforms were accelerated in 1989, with Act I envisaging the establishment of a Constitutional Court
Constitutional Court of Hungary
The Constitutional Court of Hungary is a special court of Hungary, making judicial review of the acts of the Parliament of Hungary. The official seat of the Constitutional Court is Esztergom....
and lifting political restrictions on the exercise of all fundamental rights, and Act VIII introducing the motion of no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
vis-à-vis the Council of Ministers and its members.
1989 reform
From 1988 on, as the economic situation deteriorated and opposition groups emerged, the idea of preparing a new constitution emerged. Reform Communists and the opposition took account of this development at the Hungarian Round Table TalksHungarian Round Table Talks
The Hungarian Round Table Talks were a series of formalized, orderly and highly legalistic discussions held in Budapest, Hungary in the summer and autumn of 1989, inspired by the Polish model, that ended in the creation of a multi-party constitutional democracy and saw the Communist Party lose...
in mid-1989, desiring a document that would establish a multiparty system, parliamentary democracy and a social market economy. However, time pressure did not allow a new constitution to be written and on 18 October, the National Assembly adopted a new comprehensive amendment to the 1949 Constitution, which was to prevail until a new constitution was framed. This reform (Act XXXI of 1989) was the first thoroughgoing constitutional transformation in the Soviet bloc. It was adopted like a normal constitutional amendment, with at least two-thirds of MPs approving, and went into effect on 23 October, the anniversary of the Hungarian Revolution of 1956.
The 1989 reform established Hungary as a republic, an independent, democratic, constitutional state that was both civil democratic and democratic socialist. The economy was to be a social market
Social market economy
The social market economy is the main economic model used in West Germany after World War II. It is based on the economic philosophy of Ordoliberalism from the Freiburg School...
one, with planning employed and public and private property enjoying equal protection. The people were sovereign, with parties functioning freely. Among the new features introduced were a weak presidency and strong parliament
National Assembly of Hungary
The National Assembly or Diet is the parliament of Hungary. The unicameral body consists of 386 members elected to 4-year terms. Election of members is based on a complex system involving both area and list election; parties must win at least 5% of the popular vote in order to enter list members...
with oversight powers, checks and balances, limitations on the authority of the prime minister, provisions for referendums, and an independent judiciary. Outside the preamble, all references to "socialism
Socialism
Socialism is an economic system characterized by social ownership of the means of production and cooperative management of the economy; or a political philosophy advocating such a system. "Social ownership" may refer to any one of, or a combination of, the following: cooperative enterprises,...
" were carefully deleted. The Constitutional Court
Constitutional Court of Hungary
The Constitutional Court of Hungary is a special court of Hungary, making judicial review of the acts of the Parliament of Hungary. The official seat of the Constitutional Court is Esztergom....
, whose members are elected by two-thirds of parliament, can annul laws declared unconstitutional, and has broad jurisdiction. The parliamentary term was reduced from five to four years. Human rights were emphasized, with reference to the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
and the International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
. The changes were all-encompassing: it has been said, with some exaggeration, that only one provision remained untouched: "Budapest is the capital of Hungary". However, the form of the state was not changed; it was still described as a parliamentary democracy with parliament as "a supreme organ of state power and popular representation" that retained the power to elect the highest executive and judicial officers of the state.
Andrew Arato
Andrew Arato
Andrew Arato is Dorothy Hart Hirshon Professor of Political and Social Theory in the department of sociology at The New School University. Born in 1944, he received his PhD in history from the University of Chicago. He is best known for his influential book Civil Society and Political Theory,...
, an expert on constitutions in new democracies, places the 1989 text under his "post-sovereign" constitution making paradigm, so called because no single body with full powers is tasked with drafting a new constitution. Rather, the model involves a body such as a round table of major political forces drafting an interim constitution, followed by a freely elected one composing a final draft. Aside from Poland and Hungary, this method was used several years later to create the Constitution of South Africa
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
. In Hungary, the preamble of the 1989 modification referred to its temporary character, a fact recalled when it was finally replaced by an entirely new constitution over two decades later.
Developments from 1990 to 2010
Since 1989, the constitution has been amended multiple times. The first changes came in 1990 when, after free electionsHungarian parliamentary election, 1990
The 1990 Hungarian general election, which took place on March 25 and April 8 of that year, was the first free election to be held in the country since 1945, and only the third honest election in the country's history...
brought the opposition to power, references to democratic socialism and the planned economy were dropped. (When these had been included half a year earlier, the Communists were thought much more popular than these elections showed them to be). Also that year, a pact between the Hungarian Democratic Forum
Hungarian Democratic Forum
The Hungarian Democratic Forum , abbreviated to MDF, was a centre-right political party in Hungary. It had a liberal conservative and Christian democratic ideology...
(MDF), who had won the elections, and the Alliance of Free Democrats
Alliance of Free Democrats
The Alliance of Free Democrats – Hungarian Liberal Party is a liberal party in Hungary, led since July 2010 by Viktor Szabadai . The SZDSZ is a member of the ELDR and of Liberal International...
(SZDSZ), who came in second, resulted in additional changes. The President was to be elected by the Parliament rather than directly; the constructive vote of no confidence
Constructive vote of no confidence
The constructive vote of no confidence is a variation on the motion of no confidence which allows a parliament to withdraw confidence from a head of government only if there is a positive majority for a prospective successor...
was introduced; and areas in which a two-thirds majority was required to adopt a law were reduced, making governing easier. In exchange for agreeing to this set of MDF proposals, Árpád Göncz
Árpád Göncz
Árpád Göncz is a Hungarian liberal politician and former President of Hungary . Göncz played a role in the Hungarian Revolution of 1956...
of the SZDSZ was elected President. In 1994, the list of issues to be decided by parliament with a ⅔ majority was shortened, and the Constitutional Court was shrunk from 15 to 11 judges. In 1997 an amendment streamlined the judicial system, while later modifications allowed Hungary to join the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. In late 2010, even as a new constitution was being prepared, an amendment was passed restricting the powers of the Constitutional Court on budget-related laws. Today, the document includes a preamble and is divided into fifteen chapters with 79 articles. In the mid-1990s, Prime Minister Gyula Horn
Gyula Horn
Gyula Horn is a Hungarian politician and the third Prime Minister of the Republic of Hungary, from 1994–1998....
unsuccessfully tried to enact a new constitution. In 2006, during Ferenc Gyurcsány
Ferenc Gyurcsány
Ferenc Gyurcsány is a Hungarian politician. He was the sixth Prime Minister of Hungary from 2004 to 2009.He was nominated to take that position on 25 August 2004 by the Hungarian Socialist Party , after Péter Medgyessy resigned due to a conflict with the Socialist Party's coalition partner...
's premiership, a new charter was drafted for internal use which mentioned the Holy Crown of Hungary and placed the Chief Prosecutor of Hungary
Chief Prosecutor of Hungary
The Chief Prosecutor is an official who is charged with prosecuting cases at a national level in Hungary. The chief prosecutor is elected by qualified majority of the parliament to 6 year terms, has a fixed office budget, and has no government oversight...
under government control; its contents were not made public until the 2011 debate on a new constitution.
At first, as the only Communist-era constitution retained in Eastern Europe, Hungary's charter and by extension its political system did not command a great deal of respect. The fact that it was preserved reflected a tradition of gradualism in Hungarian constitutional history; there was no constitutional assembly or referendum to confer additional legitimacy on the new system. And in particular, the enthusiastic Constitutional Court seemed more intent on applying German case law than the Hungarian constitution. However, it has gained stature since the early 1990s for three reasons. First, the process of gradual amendments allowed for experimentation that remedied some of its weaknesses. Second, the 1989 document became stable in 1997 when the government abandoned plans for drafting a new constitution. Finally, the Court never disregarded the constitution altogether, indeed remaining acutely aware of its text.
Drafting process and contents
In 2010, a new government led by Fidesz initiated a drafting process for a new constitution. A parliamentary committee for drafting the constitution was set up, with all five parliamentary parties represented. The following February, a body responsible for national consultations on a draft was set up by József SzájerJózsef Szájer
József Szájer, is a Hungarian politician and Member of the European Parliament with the Fidesz – Hungarian Civic Union party, a Vice-Chairman of the European People's Party and sits on the European Parliament's Committee on the Internal Market and Consumer Protection.Szájer is a substitute for the...
, a member of the European Parliament
Member of the European Parliament
A Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,...
; its members included János Csák, Hungarian ambassador to the United Kingdom; Zsigmond Járai
Zsigmond Járai
Zsigmond Járai is a Hungarian politician, who served as Minister of Finance between 1998 and 2000. He was the President of the Budapest Stock Exchange between 1996 and 1998. After his ministership he was appointed President of the Hungarian National Bank. Járai was succeeded by András Simor in...
, chairman of the supervisory board of the Hungarian National Bank
Hungarian National Bank
The Hungarian National Bank is the central bank of Hungary. The principal aim of the bank is to retain price stability. It is also responsible for issuing the national currency, the forint, controlling the cash circulation, setting the Central Bank base rate, publishing official exchange rates...
; József Pálinkás
József Pálinkás
József Pálinkás is a Hungarian atomic physicist and politician, who served as Minister of Education between 2001 and 2002...
, president of the Hungarian Academy of Sciences
Hungarian Academy of Sciences
The Hungarian Academy of Sciences is the most important and prestigious learned society of Hungary. Its seat is at the bank of the Danube in Budapest.-History:...
and former Minister of Education
Minister of Education (Hungary)
-Minister of Education, 1848:-Hungarian Revolution of 1848:-Hungarian Revolution of 1848:-Austria-Hungary:-Hungarian Democratic Republic :-Hungarian Democratic Republic :-Hungarian Democratic Republic :...
; and Katalin Szili
Katalin Szili
Katalin Szili was the Speaker of the National Assembly of Hungary, a post to which she was elected on May 15, 2002. After obtaining a degree in law at Janus Pannonius University, she completed majors in human ecology and political science. She has been a legislator since 1994...
, former Hungarian Socialist Party
Hungarian Socialist Party
The Hungarian Socialist Party describes itself as a social democratic party in Hungary. It is the partial successor of the communist Hungarian Socialist Workers' Party , which ruled Hungary between 1956 and 1989. The decision to declare the party a successor of the MSZMP was controversial, and...
Speaker of the National Assembly. The consultation involved questionnaires being mailed out to all citizens for their opinions; some 917,000 or 11% were returned. Provisions were then included or excluded based on consensus among respondents; for instance, a proposal to adopt voting rights for minors was shelved after citizens expressed disapproval.
The following April, the constitution, drafted on Szájer's iPad
IPad
The iPad is a line of tablet computers designed, developed and marketed by Apple Inc., primarily as a platform for audio-visual media including books, periodicals, movies, music, games, and web content. The iPad was introduced on January 27, 2010 by Apple's then-CEO Steve Jobs. Its size and...
, was approved on a 262-44 vote, with Fidesz and their Christian Democrat
Christian Democratic People's Party (Hungary)
The Christian Democratic People's Party is a political party in Hungary.- History :The party was founded in 1944 by Hungarian Catholic statesmen, intellectuals, and ecclesiastical such as Bishop Vilmos Apor, Béla Kovrig , László Varga and General József Pálffy, among others...
coalition partners in favor and Jobbik opposed. The Hungarian Socialist Party
Hungarian Socialist Party
The Hungarian Socialist Party describes itself as a social democratic party in Hungary. It is the partial successor of the communist Hungarian Socialist Workers' Party , which ruled Hungary between 1956 and 1989. The decision to declare the party a successor of the MSZMP was controversial, and...
and Politics Can Be Different
Politics Can Be Different
Politics Can Be Different , abbreviated to LMP, is a Hungarian green liberal political party. Founded in 2009, it was one of four parties to win seats in the National Assembly in the 2010 parliamentary election.-History:...
, citing the ruling party's unwillingness to compromise on issues and their inability to change the outcome, boycotted both the drafting process and the vote. On April 25, President Pál Schmitt
Pál Schmitt
Pál Schmitt is the current President of Hungary. He was elected President of Hungary in a 263 to 59 vote in the Parliament of Hungary and was sworn in on 2010....
signed the document into law, and it is scheduled to enter into force on the first day of 2012. The enactment came halfway through Hungary's six-month Presidency of the Council of the European Union
Presidency of the Council of the European Union
The Presidency of the Council of the European Union is the responsibility for the functioning of the Council of the European Union that rotates between the member states of the European Union every six months. The presidency is not a single president but rather the task is undertaken by a national...
.
The constitution, described as socially and fiscally conservative, initiates a number of changes. In an effort to push the public debt below 50% of gross domestic product (from above 80% at the time of adoption), the powers of the Constitutional Court on budget and tax matters are restricted until debt falls below 50%. The President is allowed to dissolve Parliament if a budget is not approved, and only companies with transparent activities and ownership structures are allowed to bid for government contracts. The powers of the head of the National Bank are also limited, and the modification of tax and pension laws requires a two-thirds majority. The life of a fetus is protected from the moment of conception, and although the move is seen as opening the possibility for a future ban or restrictions on abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, existing laws were unaffected. Same-sex couples may legally register their partnerships
Recognition of same-sex unions in Hungary
Hungary provides registered partnerships to same-sex couples since 1 July 2009. This institution offers nearly all the benefits of marriage. The unregistered cohabitation of same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in...
but marriage is defined as being between a man and a woman. A ban on discrimination does not mention age or sexual orientation, and the constitution allows life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
for violent crimes without the possibility of parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
. Judges' mandatory retirement age is lowered from 70 to the general retirement age–62 at the time of adoption, set to rise to 65 by 2022. The provision also covers prosecutors, while the Chief Prosecutor
Chief Prosecutor of Hungary
The Chief Prosecutor is an official who is charged with prosecuting cases at a national level in Hungary. The chief prosecutor is elected by qualified majority of the parliament to 6 year terms, has a fixed office budget, and has no government oversight...
and the head of the Curia are exempt. The country's name is changed from "Hungarian Republic" to "Hungary", and although the country remains a republic, the preamble contains references to the Holy Crown, as well as to God, Christianity, the fatherland and traditional family values. Certain issue areas, such as family policy, the pension system and taxation, formerly under the purview of the government in office, can be altered only through "Cardinal Acts" passed by a two-thirds majority and not subject to constitutional review. The Venice Commission
Venice Commission
The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...
and the Hungarian Helsinki Committee
Hungarian Helsinki Committee
The Hungarian Helsinki Committee is a non-governmental human rights organization founded in 1989 and based in Budapest, Hungary. The HHC is a member of the International Helsinki Federation for Human Rights and the European Council on Refugees and Exiles.The HHC defines itself as monitoring the...
expressed concern over the provision; opposition parties asserted these could bind future governments to Fidesz' actions, but did promise to participate in the debate on the acts.
Reactions
According to Fidesz parliamentary group chairman János LázárJános Lázár
János Lázár is a Hungarian MP. He is also the mayor of his home town of Hódmezővásárhely, being re-elected in 2006...
, the constitution marks a break with Hungary’s communist past, while Prime Minister Viktor Orbán
Viktor Orbán
Viktor Orbán is a Hungarian populist and conservative politician and current Prime Minister of Hungary...
said it completes a transition to democracy and allows for sound finances and clean government after years of mismanagement and scandals. However, the opposition accused Fidesz of using its two-thirds majority in Parliament to push through its own constitution without cross-party consensus. Prior to and during the vote to adopt the constitution, thousands of protesters demonstrated in Budapest against its adoption; among their complaints are that it is an attempt by the government to cement its power beyond its term, force its Christian ideology on the country and limit civil liberties. Lack of opposition participation was also mentioned, but Deputy Prime Minister Tibor Navracsics
Tibor Navracsics
Tibor Navracsics lawyer and political scientist, head of parliamentary group of the Fidesz - Hungarian Civic Union political party.He is married, he has a daughter, who was born in 1991.- Education :...
responded that other parties were invited to participate but refused. Members of the Hungarian business community mentioned possible future difficulties in adopting the euro
Euro
The euro is the official currency of the eurozone: 17 of the 27 member states of the European Union. It is also the currency used by the Institutions of the European Union. The eurozone consists of Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg,...
, noting a provision that enshrines the forint
Hungarian forint
The forint is the currency of Hungary. It is divided into 100 fillér, although fillér coins are no longer in circulation. The introduction of the forint on 1 August 1946 was a crucial step of the post-WWII stabilization of the Hungarian economy, and the currency remained relatively stable until...
as legal tender. However, a government official said that, if the two-thirds majority to change this provision could not be attained, it could be circumvented by other means, such as a referendum. One section of the preamble criticized by some historians as well as by the head of Hungary's Jewish community
History of the Jews in Hungary
Hungarian Jews have existed since at least the 11th century. After struggling against discrimination throughout the Middle Ages, by the early 20th century the community grew to be 5% of Hungary's population , and were prominent in science, the arts and business...
is the statement that the country lost its independence when it was invaded and occupied by Nazi Germany
Operation Margarethe
During World War II, the Germans planned two discrete operations using the codename Margarethe.Operation Margarethe I was the occupation of Hungary by German forces on 19 March 1944. The Hungarian government was an ally of Nazi Germany, but had been discussing an armistice with the Allies...
in March 1944. They asserted that the provision implies the state was not responsible for the ensuing deportation of Jews to extermination camps as part of the Holocaust
The Holocaust
The Holocaust , also known as the Shoah , was the genocide of approximately six million European Jews and millions of others during World War II, a programme of systematic state-sponsored murder by Nazi...
and that it could affect future restitution claims. Historian Géza Jeszenszky
Géza Jeszenszky
Géza Jeszenszky is a Hungarian politician and associate professor, former Minister of Foreign Affairs and ambassador to the United States. He is currently appointed ambassador of Hungary to Norway.-Family:...
strongly rejected criticism of the passage, saying the loss of Hungarian sovereignty in March 1944 due to foreign invasion is simply a historical fact that should not be denied. In its support, he also mentioned Germany's direct intervention into Hungarian politics, such as the arrest of cabinet members and of anti-German politicians. Direct intervention into Hungarian politics, such as removal of the Government at the time, including arrests of cabinet members and anti-German political figures and banning of Hungarian political parties is also mentioned as justification for the constitution's passage. Socialist leader Attila Mesterházy
Attila Mesterházy
Attila Mesterházy is a Hungarian politician, chairman of the Hungarian Socialist Party since 10 July 2010. He was the party's candidate for the position of Prime Minister of Hungary in the Hungarian parliamentary election, 2010.-Biography:Mesterházy was born in 1974 in Pécs...
denounced what he called "Fidesz's party constitution" and promised to change the constitution "on the basis of a national consensus" following the next elections. László Sólyom
László Sólyom
László Sólyom is a Hungarian political figure, lawyer, and librarian who was President of Hungary from 2005 to 2010. Previously he was President of the Constitutional Court of Hungary from 1990 to 1998....
, former President of Hungary and of the Constitutional Court, is a critic of limits imposed on the court and of the "common parliamentary wrangling" through which the charter was adopted.
Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
believes the document "violates international and European human rights standards", citing the clauses on fetal protection, marriage and life imprisonment, and sexual orientation not being covered in the anti-discrimination clause. Left-wing and liberal members of the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
asserted that it fails to protect citizens' rights and reduces legislative checks and balances. Among these was Guy Verhofstadt
Guy Verhofstadt
Guy Verhofstadt is a Belgian politician who was the 47th Prime Minister of Belgium from 1999 to 2008. He is currently a Member of the European Parliament and leader of the Group of the Alliance of Liberals and Democrats for Europe.- Early career :...
, head of the Alliance of Liberals and Democrats for Europe
Group of the Alliance of Liberals and Democrats for Europe
The Group of the Alliance of Liberals and Democrats for Europe is the current liberal/centrist political group of the European Parliament...
, who said the constitution could limit "fundamental human rights" and was adopted without transparency, flexibility, a spirit of compromise and sufficient time for debate. Werner Hoyer
Werner Hoyer
Werner Hoyer is a German politician of the liberal Free Democratic Party of Germany , currently serving as the Minister of State at the Foreign Office in the Second Cabinet Merkel under Foreign Minister Guido Westerwelle...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
's deputy foreign minister, expressed his country's concern as well, prompting the Hungarian Foreign Affairs Ministry
Minister of Foreign Affairs (Hungary)
The Minister of Foreign Affairs of Hungary is a member of the Hungarian cabinet and the head of the Ministry of Foreign Affairs. The current foreign minister is János Martonyi....
to dismiss the remarks as "inexplicable and unacceptable". Additionally, United Nations Secretary-General Ban Ki-moon
Ban Ki-moon
Ban Ki-moon is the eighth and current Secretary-General of the United Nations, after succeeding Kofi Annan in 2007. Before going on to be Secretary-General, Ban was a career diplomat in South Korea's Ministry of Foreign Affairs and in the United Nations. He entered diplomatic service the year he...
suggested the government should address concerns about the constitution. In neighboring Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
, which has a significant Hungarian minority
Hungarians in Slovakia
Hungarians in Slovakia are the largest ethnic minority of the country, numbering 520,528 people or 9.7% of population . They are concentrated mostly in the southern part of the country, near the border with Hungary...
, at least three parties, including the governing Slovak Democratic and Christian Union, expressed concern about clauses that afford certain rights to ethnic Hungarians abroad, including the right to dual citizenship and the right to vote, and critics there fear that the move has expansive and nationalist objectives. Slovakia's Foreign Affairs Ministry stated that it would oppose any other country’s infringement of the Slovak Constitution, its sovereignty or the rights of its citizens. In response, Foreign Minister János Martonyi
János Martonyi
János Martonyi is a Hungarian politician and Foreign Minister of Hungary. He is a member of the Fidesz party, and was also Foreign Minister between 1998 and 2002...
assured his Slovak counterpart that the constitution has no extraterritorial effect.
External links
Constitutional background, with full list of amendments from 1989 to 2003 1949 Constitution, with amendments through 2011 Act XXXI of 1989 Text of the 2011 Constitution Draft of the 2011 Constitution, without the preamble Draft of the 2011 preamble Opinion of the Venice CommissionVenice Commission
The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...
on the 2011 constitution Resolution of the European Parliament on the 2011 constitution