Create account

replied 1878d
representative body. The representative body may elect a deputy mayor to act as a substitute for the mayor. The person elected as deputy mayor does not have to be a member of the
1 / 103
replied 1878d
representative body, however, the deputy mayor designated as the mayor's substitute as the chairman of the local representative body, must be a member of the representative body.

(2)
replied 1878d
The representative body shall elect committees and may create offices.

(3) In exceptional cases the mayor may attend to state administrative duties and authorities in addition to his
replied 1878d
responsibilities of municipal government, in accordance with the law or a government decree authorized by law.

(4) State administrative duties and authority may be assigned to the
replied 1878d
notary and in exceptional cases to the officer of the representative body's office.

Article 44/C. Edit
A majority of two-thirds of the votes of the Members of Parliament present is
replied 1878d
required to pass the law on local governments. The fundamental rights of local governments may be restricted by a law which also requires a two-thirds majority.

Chapter X. The
replied 1878d
Judiciary Edit
Article 45. Edit
(1) In the Republic of Hungary justice is administered by the Supreme Court of the Republic of Hungary, the appeals courts, the Municipal Court of
replied 1878d
Budapest, the county courts and the local and labor courts.

(2) Special courts for specific groups of cases may be established by law.

Article 46. Edit
(1) The courts shall, unless
replied 1878d
otherwise prescribed by law, administer justice through councils.

(2) Non-professional judges shall also participate in the cases and in the manner prescribed by law.

(3) Only
replied 1878d
professional judges may function as single judges and presiding judges. In cases delegated under the jurisdiction of local courts, court secretaries shall be authorized to act as
replied 1878d
substitutes for single judges, in which capacity they shall proceed independently and shall answer only to the law.

Article 47. Edit
(1) The Supreme Court is the supreme court
replied 1878d
authority for justice of the Republic of Hungary.

(2) The Supreme Court shall assure the uniformity of the administration of justice by the courts and its resolutions concerning
replied 1878d
uniformity shall be binding for all courts.

Article 48. Edit
(1) Based on the recommendation made by the President of the Republic, the Parliament shall elect the President of the
replied 1878d
Supreme Court; based on the recommendation made by the President of the Supreme Court, the President of the Republic shall appoint the Deputy Presidents of the Supreme Court. A
replied 1878d
majority of two-thirds of the votes of the Members of Parliament is required to elect the President of the Supreme Court.

(2) The President of the Republic shall appoint professional
replied 1878d
judges in the manner specified by law.

(3) Judges may only be removed from office on the grounds and in accordance with the procedures specified by law.

Article 49. Edit
[Repealed]
replied 1878d
Article 50. Edit
(1) The courts of the Republic of Hungary shall protect and uphold constitutional order, as well as the rights and lawful interests of natural person, legal persons
replied 1878d
and unincorporated organizations, and shall determine the punishment for those who commit criminal offenses.

(2) The courts shall review the legality of the decisions of public
replied 1878d
administration.

(3) Judges are independent and answer only to the law. Judges may not be members of political parties and may not engage in political activities.

(4) Administration
replied 1878d
of the courts shall be exercised by the National Council of Justice; self-government bodies for the representation of judges shall also participate in such administration.

(5) A
replied 1878d
majority of two-thirds of the votes of the Members of Parliament present shall be required for the Parliament to pass the laws on the structure and supervision of courts and on the
replied 1878d
legal status and remuneration of judges.

Chapter XI. The Office of the Public Prosecutor Edit
Article 51. Edit
(1) The General Prosecutor and the Office of the Public Prosecutor of
replied 1878d
the Republic of Hungary ensure the protection of the rights of the natural person, legal persons and unincorporated organizations, maintain constitutional order and shall prosecute to
replied 1878d
the full extent of the law any act which violates or endangers the security and independence of the country.

(2) The Office of the Public Prosecutor shall exercise rights specified
replied 1878d
by law in connection with investigations, shall represent the prosecution in court proceedings, and shall be responsible for the supervision of the legality of penal measures.

(3)
replied 1878d
The Office of the Public Prosecutor shall help to ensure that everybody comply with the law. When the law is violated, the Office of the Public Prosecutor shall act to uphold the law
replied 1878d
in the cases and manner specified by law.

Article 52. Edit
(1) The Parliament shall elect the General Prosecutor of the Republic of Hungary on a recommendation by the President of
replied 1878d
the Republic; the President of the Republic shall appoint the deputies to the General Prosecutor on a recommendation by the General Prosecutor. A majority of two-thirds of the votes
replied 1878d
of the Members of Parliament shall be required for electing the General Prosecutor.

(2) The General Prosecutor shall answer to the Parliament and shall provide a report on his
replied 1878d
activities.

Article 53. Edit
(1) Public prosecutors are appointed by the General Prosecutor of the Republic of Hungary.

(2) Public prosecutors may not be members of political
replied 1878d
parties and may not engage in political activities.

(3) The Office of the Public Prosecutor is directed by the General Prosecutor.

(4) A majority of two-thirds of the votes of the
replied 1878d
Members of Parliament present is required to pass the law on the Public Prosecution Service and on the Service Relation of Public Prosecutors.

Chapter XII. Fundamental Rights and
replied 1878d
Duties Edit
Article 54. Edit
(1) In the Republic of Hungary everyone has the inherent right to life and to human dignity. No one shall be arbitrarily denied of these rights.

(2) No
replied 1878d
one shall be subject to torture or to cruel, inhuman or humiliating treatment or punishment. Under no circumstances shall anyone be subjected to medical or scientific experiments
replied 1878d
without his prior consent.

Article 55. Edit
(1) In the Republic of Hungary everyone has the right to freedom and personal security; no one shall be deprived of his freedom except on
replied 1878d
the grounds and in accordance with the procedures specified by law.

(2) Any individual suspected of having committed a criminal offense and held in detention shall either be released
replied 1878d
or shall be brought before a judge within the shortest possible period of time. The judge is required to grant the detained individual a hearing and shall immediately prepare a
replied 1878d
written ruling with a justification for either releasing the detainee or having the individual placed under arrest.

(3) Any individual subject to illegal arrest or detainment is
replied 1878d
entitled to compensation.

Article 56. Edit
In the Republic of Hungary everyone is legally capable.

Article 57. Edit
(1) In the Republic of Hungary everyone is equal before the law
replied 1878d
and has the right to have the accusations brought against him, as well as his rights and duties in legal proceedings, judged in a just, public trial by an independent and impartial
replied 1878d
court established by law.

(2) In the Republic of Hungary no one shall be considered guilty until a court has rendered a final legal judgment determining criminal culpability.

(3)
replied 1878d
Individuals subject to criminal proceedings are entitled to legal defense at all stages of the proceedings. Defense lawyers may not be held accountable for opinions expressed in the
replied 1878d
course of the defense.

(4) No one shall be declared guilty and subjected to punishment for an offense that was not considered - at the time it was committed - a criminal offense
replied 1878d
under Hungarian law, or the laws of any country participating in the progressive establishment of an area of freedom, security and justice, and to the extent prescribed in the
replied 1878d
relevant Community legislation with a view to the mutual recognition of decisions, without any restrictions in terms of major fundamental rights.

(5) In the Republic of Hungary
replied 1878d
everyone may seek legal remedy, in accordance with the provisions of the law, to judicial, administrative or other official decisions, which infringe on his rights or justified
replied 1878d
interests. A law passed by a majority of two-thirds of the votes of the Members of Parliament present may impose restrictions on the right to legal remedy in the interest of, and in
replied 1878d
proportion with, adjudication of legal disputes within a reasonable period of time.

Article 58. Edit
(1) Everyone legally staying or residing in the territory of the Republic of
replied 1878d
Hungary - with the exception of the cases established by law - has the right to move freely and to choose his place of residence, including the right to leave his domicile or the
replied 1878d
country.

(2) Foreigners legally residing in the territory of the Republic of Hungary may only be deported on the basis of a resolution reached in accordance with the law.

(3) A
replied 1878d
majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the freedom of movement and residence.

Article 59. Edit
(1) In the Republic of
replied 1878d
Hungary everyone has the right to the good standing of his reputation, the privacy of his home and the protection of secrecy in private affairs and personal data.

(2) A majority of
replied 1878d
two-thirds of the votes of the Members of Parliament present is required to pass the law on the secrecy of personal data.

Article 60. Edit
(1) In the Republic of Hungary everyone has
replied 1878d
the right to freedom of thought, freedom of conscience and freedom of religion.

(2) This right shall include the free choice or acceptance of a religion or belief, and the freedom to
replied 1878d
publicly or privately express or decline to express, exercise and teach such religions and beliefs by way of religious actions, rites or in any other way, either individually or in a
replied 1878d
group.

(3) The church and the State shall operate in separation in the Republic of Hungary.

(4) A majority of two-thirds of the votes of the Members of Parliament present is
replied 1878d
required to pass the law on the freedom of belief and religion.

Article 61. Edit
(1) In the Republic of Hungary everyone has the right to the freedom of speech and to freely express
replied 1878d
his opinion, and furthermore to access and disseminate information of public interest.

(2) The Republic of Hungary recognizes and protects the freedom of the press.

(3) In a
replied 1878d
democracy, with a view to forming an educated opinion in matters of public interest, everyone has the right to free access to information proper.

(4) In the Republic of Hungary,
replied 1878d
public service broadcasters shall participate in fostering and in the enhancement of national and European identity, in the advancement of the Hungarian language and cultural
replied 1878d
heritage, including the languages and the culture of minorities, in strengthening national allegiance, and in satisfying the needs of national, ethnic, familial and religious
replied 1878d
communities. Public media services shall be overseen by an autonomous administrative authority and independent ownership body, whose members are elected by Parliament, whereas
replied 1878d
oversight as to the implementation of its objectives shall be exercised by committees of citizens formed on the strength of law.

(5) A majority of two-thirds of the votes of the
replied 1878d
Members of Parliament present is required to pass the law on the public access to information of public interest, the law on the freedom of the press, the law on media contents, and
replied 1878d
the law on the supervision of media services.

Article 62. Edit
(1) The Republic of Hungary recognizes the right to peaceful assembly and shall ensure the free exercise thereof.

(2)
replied 1878d
A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right of assembly.

Article 63. Edit
(1) On the basis of the right of
replied 1878d
assembly, everyone in the Republic of Hungary has the right to establish organizations whose goals are not prohibited by law and to join such organizations.

(2) The establishment of
replied 1878d
armed organizations with political objectives shall not be permitted on the basis of the right of assembly.

(3) A majority of two-thirds of the votes of the Members of Parliament
replied 1878d
present is required to pass the law on the right of assembly and the financial management and operation of political parties.

Article 64. Edit
In the Republic of Hungary everyone has
replied 1878d
the right to present, individually or together with others, written petitions or complaints to the relevant public authority.

Article 65. Edit
(1) In accordance with the conditions
replied 1878d
established by law, the Republic of Hungary shall, if neither their country of origin nor another country provides protection, extend the right of asylum to foreign citizens who, in
replied 1878d
their native country or the country of their usual place of residence, are subject to persecution on the basis of race or nationality, their alliance with a specific social group,
replied 1878d
religious or political conviction, or whose fear of being subject to persecution is well founded.

(2) A majority of two-thirds of the votes of the Members of Parliament present is
replied 1878d
required to pass the law on the right to asylum.

Article 66. Edit
(1) The Republic of Hungary shall ensure the equality of men and women in all civil, political, economic, social and
replied 1878d
cultural rights.

(2) In the Republic of Hungary mothers shall receive support and protection before and after the birth of the child, in accordance with separate regulations.

(3)
replied 1878d
Separate regulations shall ensure the protection of women and youth in the workplace.

Article 67. Edit
(1) In the Republic of Hungary all children have the right to receive the
replied 1878d
protection and care of their family, and of the State and society, which is necessary for their satisfactory physical, mental and moral development.

(2) Parents have the right to
replied 1878d
choose the form of education given to their children.

(3) Separate regulations shall establish the responsibilities of the State with regard to the situation and protection of the
replied 1878d
family and youth.

Article 68. Edit
(1) The national and ethnic minorities living in the Republic of Hungary participate in the sovereign power of the people: they represent a
replied 1878d
constituent part of the State.

(2) The Republic of Hungary shall provide for the protection of national and ethnic minorities and ensure their collective participation in public
replied 1878d
affairs, the fostering of their cultures, the use of their native languages, education in their native languages and the use of names in their native languages.

(3) The laws of the
replied 1878d
Republic of Hungary shall ensure representation for the national and ethnic minorities living within the country.

(4) National and ethnic minorities shall have the right to form
replied 1878d
local and national bodies for self-government.

(5) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the rights of national
replied 1878d
and ethnic minorities.

Article 69. Edit
(1) In the Republic of Hungary no one shall be denied of his Hungarian citizenship against his will and no Hungarian citizen may be expelled
replied 1878d
from the territory of the Republic of Hungary.

(2) Hungarian citizens may always return to Hungary from abroad.

(3) All Hungarian citizens are entitled to enjoy the protection of
replied 1878d
the Republic of Hungary while legally residing or staying abroad.

(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on
replied 1878d
citizenship.

Article 70. Edit
(1) All adult Hungarian citizens residing in the territory of the Republic of Hungary have the right to be elected and the right to vote in Parliamentar
replied 1878d
y elections; they have the right, furthermore, to participate in national referenda and popular initiatives.

(2) All adult Hungarian citizens residing in the territory of the Republic
replied 1878d
of Hungary and all adult citizens of other Member States of the European Union who reside in the territory of the Republic of Hungary shall have the right to be elected in local
replied 1878d
ballots for the election of representatives and mayors; they shall have the right to vote, provided that they are in the territory of the Republic of Hungary on the day of the
replied 1878d
election or referendum, and, furthermore, to participate in local referenda and popular initiatives. Only Hungarian citizens may be elected to the post of mayor in any local governmen
replied 1878d
t and the City of Budapest.

(3) All adult persons holding refugee, immigrant or permanent resident status in the Republic of Hungary shall have the right to vote in local ballots for
replied 1878d
the election of representatives and mayors, provided that they are in the territory of the Republic of Hungary on the day of the election or referendum, and furthermore to participate
replied 1878d
in local referenda or popular initiatives.

(4) All adult Hungarian citizens residing in the territory of the Republic of Hungary and all adult citizens of other Member States of the
replied 1878d
European Union who reside in the territory of the Republic of Hungary shall have the right to be elected and the right to vote in elections for the European Parliament.

(5) The right
replied 1878d
to vote shall not be granted to persons who are under guardianship or conservatorship, persons who are subject to a final legal judgment forbidding them to participate in public
replied 1878d
affairs, or persons who are incarcerated on the basis of a final legal judgment or who have been committed to treatment in a mental institution on the basis of a final legal judgment
replied 1878d
rendered in criminal proceedings. Furthermore, adult citizens of other Member States of the European Union who reside in the territory of the Republic of Hungary shall not have the
replied 1878d
right to be elected if they have been deprived of such right in their country of citizenship by the laws of that country or by a judicial or other official decision.

(6) All
replied 1878d
Hungarian citizens have the right to hold public office in accordance with their suitability, education and professional ability.

Article 70/A. Edit
(1) The Republic of Hungary shall
replied 1878d
respect the human rights and civil rights of all persons in the country without discrimination on the basis of race, color, gender, language, religion, political or other opinion,
replied 1878d
national or social origins, financial situation, birth or on any other grounds whatsoever.

(2) The law shall provide for strict punishment of discrimination on the basis of Paragraph
replied 1878d
(1).

(3) The Republic of Hungary shall endeavor to implement equal rights for everyone through measures that create fair opportunities for all.

Article 70/B. Edit
(1) In the
replied 1878d
Republic of Hungary everyone has the right to work and to freely choose his job and profession.

(2) Everyone has the right to equal compensation for equal work, without any discrimin
replied 1878d
ation whatsoever.

(3) All persons who work have the right to an income that corresponds to the amount and quality of work they carry out.

(4) Everyone has the right to leisure time,
replied 1878d
to free time and to regular paid vacation.

Article 70/C. Edit
(1) Everyone has the right to establish or join organizations together with others with the objective of protecting his
replied 1878d
economic or social interests.

(2) The right to strike may be exercised within the framework of the law regulating such right.

(3) A majority of two-thirds of the votes of the
replied 1878d
Members of Parliament present is required to pass the law on the right to strike.

Article 70/D. Edit
(1) Everyone living in the territory of the Republic of Hungary has the right to
replied 1878d
the highest possible level of physical and mental health.

(2) The Republic of Hungary shall implement this right through institutions of labor safety and health care, through the
replied 1878d
organization of medical care and the opportunities for regular physical activity, as well as through the protection of the urban and natural environment.

Article 70/E. Edit
(1)
replied 1878d
Citizens of the Republic of Hungary have the right to social security; they are entitled to the support required to live in old age, and in the case of sickness, disability, being
replied 1878d
widowed or oiphaned and in the case of unemployment through no fault of their own.

(2) The Republic of Hungary shall implement the right to social support through the social security
replied 1878d
system and the system of social institutions.

Article 70/F. Edit
(1) The Republic of Hungary guarantees the right of education to its citizens.

(2) The Republic of Hungary shall
replied 1878d
implement this right through the dissemination and general access to culture, free compulsory primary schooling, through secondary and higher education available to all persons on the
replied 1878d
basis of their ability, and furthermore through financial support for students.

Article 70/G. Edit
(1) The Republic of Hungary shall respect and support the freedom of scientific and
replied 1878d
artistic expression, the freedom to learn and to teach.

(2) Only scientists are entitled to decide in questions of scientific truth and to determine the scientific value of research.
replied 1878d
Article 70/H. Edit
(1) All citizens of the Republic of Hungary have the obligation to defend their country.

(2) During a state of emergency, or if Parliament has so decided in a
replied 1878d
state of preventive defense emergency by a majority of two-thirds of the votes of the Members of Parliament present, all men of legal age and of Hungarian citizenship who reside in
replied 1878d
the territory of the Republic of Hungary may be conscripted according to the provisions of law. Any person who seeks exemption from military service on religious grounds shall be
replied 1878d
enlisted to perform civil service.

(3) Hungarian citizens of legal age who reside in the territory of the Republic of Hungary may be compelled by law to participate in civil
replied 1878d
protection and, in a state of emergency, military work obligation.

(4) Natural and legal persons and unincorporated organizations may be compelled to perform economic and material
replied 1878d
services.

(5) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the obligation to complete military service.

Article
replied 1878d
70/I. Edit
(1) All natural persons, legal persons and unincorporated organizations have the obligation to contribute to public revenues on the basis of their income and wealth.

(2)
replied 1878d
In respect of any remuneration received from public funds, or from bodies entrusted to manage state assets and state property, including bodies under majority state ownership or
replied 1878d
control, tax liabilities may be introduced on the strength of law, beginning from the fifth tax year preceding the given tax year, for a sum less than the amount of the remuneration
replied 1878d
in question.

Article 70/J. Edit
In the Republic of Hungary parents and guardians have the obligation to ensure the education of their young children.

Article 70/K. Edit
Claims
replied 1878d
arising from infringement on fundamental rights, and objections to the decisions of public authorities regarding the fulfillment of duties may be brought before a court of law.

Chapt
replied 1878d
er XIII. The Basic Principles of Elections Edit
Article 71. Edit
(1) Members of Parliament, Members of the European Parliament, local government representatives, mayors and the mayor
replied 1878d
of the capital are elected by direct, secret ballot by voting citizens, based on their universal and equal right to vote.

(2) The members of the local government representative
replied 1878d
bodies of counties shall elect the president of the representative body by direct, secret ballot. The president must be a Hungarian citizen.

(3) Separate laws shall establish
replied 1878d
provisions for the election of Members of Parliament, Members of the European Parliament and members of representative bodies of local governments and mayors. A two-thirds majority
replied 1878d
vote of the Members of Parliament present is required to pass such laws.

(4) A separate law shall establish provisions for the election of representatives of minority self-government
replied 1878d
s. A two-thirds majority vote of the Members of Parliament present is required to pass such laws.

Articles 72-73. Edit
[Repealed]

Chapter XIV. The Capital and National Symbols of the
replied 1878d
Republic of Hungary Edit
Article 74. Edit
The Capital of the Republic of Hungary is Budapest.

Article 75. Edit
The national anthem of the Republic of Hungary is the poem „Himnusz"
replied 1878d
by Ferenc Kölcsey, set to the music of Ferenc Erkel.

Article 76. Edit
(1) The National Flag of the Republic of Hungary is a tricolor consisting of horizontal red, white and green
replied 1878d
bands of even width.



Flag of Hungary.svg

(2) The Coat of Arms of the Republic of Hungary is a vertically divided shield with a rounded base coming to a point. The left field
replied 1878d
contains eight horizontal bars of red and silver. The right field has a background of red and depicts a base of three green hills with a golden crown resting on the center hill and a
replied 1878d
silver patriarchal cross issuing from the middle of the crown. The Holy Crown of St. Stephen rests on the top of the shield.



Coat of arms of Hungary.svg

(3) A majority of
replied 1878d
two-thirds of the votes of the Members of Parliament is required to pass the law on the Coat of Arms and National Flag of the Republic of Hungary and the use thereof.

Chapter XV.
replied 1878d
Final Provisions Edit
Article 77. Edit
(1) This Constitution is the supreme law of the Republic of Hungary.

(2) This Constitution and laws and statutes established in accordance with
replied 1878d
this Constitution are equally binding for everybody of the country.

(3) [Repealed]

Article 78. Edit
(1) The Constitution of the Republic of Hungary shall enter into effect on the
replied 1878d
day of its promulgation; the Government shall ensure its implementation.

(2) The Government shall propose the Bills necessary to implement this Constitution to the Paliament.

Articl
replied 1878d
e 79. Edit
[Repealed]

—------------
Copied from here: https://en.m.wikisource.org/wiki/Constitution_of_the_Republic_of_Hungary_(1989)


About Privacy Terms Stats