Create account

replied 1913d
implementation of the central budget, central tax revenues, duties and contributions, customs duties, and on the central government conditions for local taxes, if the grounds cited in
1 / 239
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the petition for the alleged breach of the Constitution is limited to any violation of inherent rights to life and human dignity, the right to the protection of personal data, the
replied 1913d
right to freedom of thought, freedom of conscience and freedom of religion, or the rights granted under Article 69 in connection with Hungarian citizenship, and it mentions no other
replied 1913d
reasons.

(3) The Constitutional Court shall annul any laws and other statutes that it declares unconstitutional. The Constitutional Court shall have powers to annul laws on the
replied 1913d
central budget, the implementation of the central budget, central tax revenues, duties and contributions, customs duties, and on the central government conditions for local taxes, if
replied 1913d
they contain any provision in violation of inherent rights to life and human dignity, the right to the protection of personal data, the right to freedom of thought, freedom of
replied 1913d
conscience and freedom of religion, or the rights granted under Article 69 in connection with Hungarian citizenship.

(4) All persons shall have the right to initiate proceedings of
replied 1913d
the Constitutional Court in the cases specified by law.

(5) The Constitutional Court shall consist of eleven members who shall be elected by Parliament. Members of the Constitutional
replied 1913d
Court shall be nominated by the Nominating Committee comprised of members of the political parties represented in Parliament, taking also into consideration the percentage their
replied 1913d
faction represents among all Members of Parliament. A majority of two-thirds of the votes of the Members of Parliament shall be required to elect a member of the Constitutional
replied 1913d
Court.

(6) Members of the Constitutional Court may not be members of a political party and may not engage in any political activities outside of the responsibilities arising from the
replied 1913d
Constitutional Court's sphere of competence.

(7) A majority of two-thirds of the votes of the Members of Parliament present shall be required to pass the law regulating the organizat
replied 1913d
ion and operation of the Constitutional Court.

Chapter V. The Parliamentary Ombudsman for Civil Rights and the Parliamentary Ombudsman for the Rights of National and Ethnic Minorities
replied 1913d
Edit
Article 32/B. Edit
(1) The Parliamentary Ombudsman for Civil Rights is responsible for investigating or initiating the investigation of cases involving the infringement of
replied 1913d
constitutional rights which come to his attention and initiating general or specific measures for their remedy.

(2) The Parliamentary Ombudsman for the Rights of National and Ethnic
replied 1913d
Minorities is responsible for investigating or initiating the investigation of cases involving the infringement of the rights of national or ethnic minorities which come to his
replied 1913d
attention and initiating general or specific measures for their remedy.

(3) Everyone has the right to initiate proceedings by the Parliamentary Ombudsmen in the cases specified by
replied 1913d
law.

(4) The Parliamentary Ombudsmen for Civil Rights and for the Rights of National and Ethnic Minorities shall be elected by a majority of two-thirds of the votes of the Members of
replied 1913d
Parliament, based on the recommendation made by the President of the Republic. The Parliament may also elect special Ombudsmen for the protection of individual constitutional
replied 1913d
rights.

(5) [Repealed]

(6) The Parliamentary Ombudsmen shall present the Parliament with an annual report on their activities.

(7) A majority of two-thirds of the votes of the
replied 1913d
Members of Parliament present is required to pass the law on Parliamentary Ombudsmen.

Chapter VI. The State Audit Office and the National Bank of Hungary Edit
Article 32/C. Edit
(1)
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The State Audit Office is the organ of Parliament responsible for financial and economic auditing. Within its sphere of authority the State Audit Office shall control the management
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of public finances, in the course of which it shall review the fundamental soundness of the proposed State Budget, review the necessity and expediency of expenditures, and countersign
replied 1913d
contracts pertaining to the assumption of credits for the Budget; it shall review the legality of proposed State Budget expenditures in advance; it shall audit the final accounts of
replied 1913d
the implementation of the State Budget; it shall monitor the management of State assets, audit state-owned enterprises and their activities directed at the maintenance or increase of
replied 1913d
the value of their assets; it shall attend to other duties assigned to its sphere of authority by law.

(2) The State Audit Office shall carry out its review and control activities
replied 1913d
bearing in mind the aspects of legality, expediency and efficiency. The State Audit Office shall present the Parliament with a report on the auditing activities it has carried out.
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Its report shall be made public. The President of the State Audit Office shall present the Parliament with the audit report on the final accounts together with the final accounts
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themselves.

(3) A majority of two-thirds of the votes of the Members of Parliament is required to elect the President and Vice-Presidents of the State Audit Office.

(4) A majority
replied 1913d
of two-thirds of the votes of the Members of Parliament present is required to pass the law on the organization and basic principles of operation of the State Audit Office.

Article
replied 1913d
32/D. Edit
(1) The National Bank of Hungary is the central bank of the Republic of Hungary. The National Bank of Hungary shall define the country's monetary policy in accordance with
replied 1913d
the provisions of specific other legislation.

(2) The President of the National Bank of Hungary is appointed by the President of the Republic for a term of six years.

(3) The
replied 1913d
President of the National Bank of Hungary shall present the Parliament with a report on the activities of the National Bank once every year.

(4) The Governor of the Magyar Nemzeti
replied 1913d
Bank shall, within the framework of his responsibilities and duties conferred in specific other legislation, have authority to issue decrees, which may not be contradictory to any act
replied 1913d
of Parliament. The Governor of the Magyar Nemzeti Bank shall have authority to delegate powers for adopting decrees on his behalf upon a deputy governor he has designated by decree.
replied 1913d
Chapter VII. The Government Edit
Article 33. Edit
(1) The Government shall consist of -

a) the Prime Minister and

b) the Ministers.

(2) The Prime Minister shall appoint - by way of
replied 1913d
a decree - a Deputy Prime Minister from among the ministers.

(3) The Prime Minister shall be elected by a majority of the votes of the Members of Parliament, based on the recommendat
replied 1913d
ion made by the President of the Republic. The Parliament shall hold the vote on the election of the Prime Minister and on the passage of the Government's program at the same time.

(4
replied 1913d
) The Ministers shall be appointed and dismissed by the President of the Republic, based on the recommendation made by the President of the Republic.

(5) The Government is formed upon
replied 1913d
appointment of the Ministers. Subsequent to its formation, the Members of the Government shall take an oath before Parliament.

Article 33/A. Edit
The Government's mandate shall end
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-

a) upon formation of the newly elected Parliament;

b) upon resignation of the Prime Minister or the Government;

c) upon the death of the Prime Minister;

d) upon disfranchisement
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of the Prime Minister;

e) upon establishment of a conflict of interest on the part of the Prime Minister, or

f) if the Parliament passes a motion of no-confidence in the Prime
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Minister and elects a new Prime Minister in accordance with the provisions of Par. (1), Article 39/A.

Article 33/B. Edit
The Minister's term shall cease -

a) upon completion of the
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Government's term,

b) upon the Minister's resignation,

c) upon the Minister's dismissal,

d) upon the death of the Minister,

e) upon disfranchisement of the Minister,

f) upon
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declaration of a conflict of interest.

Article 34. Edit
(1) The list of Ministries of the Republic of Hungary shall be contained in a separate law.

(1) Any amendment of an Act of
replied 1913d
Parliament pertaining to the designation of a Ministry, Minister or administrative agency shall be made in an act adopted by over half of the votes of the Members of Parliament
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present.

Article 35. Edit
(1) The Government shall -

a) defend constitutional order, and defend and ensure the rights of the natural person, legal persons and unincorporated
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organizations;

b) ensure the implementation of laws;

c) direct and co-ordinate the work of the Ministries and other organs placed under its direct supervision;

d) ensure that the
replied 1913d
legal operation of local government is monitored;

e) ensure the formulation of social and economic policies and the implementation thereof;

f) define State responsibilities in the
replied 1913d
development of science and culture, and ensure the necessary conditions for the implementation thereof;

g) define the State system of social welfare and health care services, and
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ensure sufficient funds for such services;

h) supervise the operation of the Hungarian Armed Forces and of the law enforcement agencies;

i) take the measures necessary to limit and
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alleviate the consequences of natural disasters that endanger lives and property (hereinafter referred to as a state of danger) and to maintain public order and safety;

j) participat
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e in the development of foreign policy; conclude international treaties in the name of the Government of the Republic of Hungary;

k) represent the Republic of Hungary in the instituti
replied 1913d
ons of the European Union that require government participation;

l) attend to those responsibilities assigned to its sphere of authority by law.

m) have powers, in the event of a
replied 1913d
state of preventive defense emergency, to introduce measures by way of derogation from the acts governing the administrative system and the operation of the Hungarian Armed Forces and
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the law enforcement agencies; such measures shall remain in force until the Parliament's decision, not to exceed 60 days, and the Government shall continuously inform the President of
replied 1913d
the Republic and the competent parliamentary committees concerning these measures.

(2) Within its sphere of competence, the Government shall issue decrees and pass resolutions, which
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may not be contradictory to any act of Parliament.

(3) In a state of danger and in a state of preventive defense emergency the Government, if authorized to do so by Parliament, may
replied 1913d
issue decrees and pass resolutions by way of derogation from the provisions of the respective laws. A majority of two-thirds of the votes of the Members of Parliament present shall be
replied 1913d
required to pass the law establishing the regulations to be applied in a state of danger and in a state of preventive defense emergency.

(4) With the exception of legal statutes, the
replied 1913d
Government shall annul or amend all legally irreconcilable resolutions or measures taken by any subordinate public authorities.

Article 35/A. Edit
(1) In all matters in connection
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with European integration, the detailed rules governing the oversight powers of Parliament or its committees, the relationship between Parliament and the Government, and the Governmen
replied 1913d
t's obligation to disclose information shall be enacted by a two-thirds vote of those Members of Parliament present.

(2) The Government shall present to Parliament the motions that
replied 1913d
are on the agenda of the decision-making mechanism of those institutions of the European Union that require government participation.

Article 36. Edit
In the course of fulfilling its
replied 1913d
responsibilities, the Government shall co-operate with the relevant social organizations.

Article 37. Edit
(1) The Prime Minister shall preside over sessions of Government and shall
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ensure the implementation of Government decrees and resolutions.

(2) The Ministers shall head the branches of public administration falling within their respective portfolios and
replied 1913d
direct the public authorities they are responsible for in accordance with the law and Government resolutions. Ministers without Portfolio shall attend to the responsibilities
replied 1913d
determined by the Government.

(3) Members of the Government shall have authority to issue decrees under authorization by an act or government decree independently or in agreement
replied 1913d
with another minister. Such decrees, however, may not be contradictory to any act or government decree.

Article 38. Edit
[Repealed]

Article 39. Edit
(1) The Government is responsibl
replied 1913d
e to the Parliament for its operation and is required to furnish the Parliament with regular reports on its work.

(2) Members of the Government are responsible to the Government and
replied 1913d
to the Parliament and shall provide the Government and the Parliament with reports on their activities. The legal status, compensation and method of accountability of members of the
replied 1913d
Government, state secretaries and appointed government officials shall be regulated by law.

(3) Members of the Government may participate and speak at sittings of Parliament.

Articl
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e 39/A. Edit
(1) A motion of no-confidence in the Prime Minister may be initiated by a written petition, which includes the nomination for a candidate for the office of Prime Minister,
replied 1913d
by no less than one-fifth of the Members of Parliament. A motion of no-confidence in the Prime Minister is considered a motion of no-confidence in the Government as well. Should, on
replied 1913d
the basis of this motion, the majority of the Members of Parliament withdraw their confidence, then the candidate nominated for Prime Minister in the motion shall be considered to
replied 1913d
have been elected.

(2) The debate and vote on the motion of no-confidence shall be held no earlier than three days from the date of proposal and no later than eight days from the
replied 1913d
date of proposal.

(3) The Government, via the Prime Minister, may propose a vote of confidence in accordance with the period of time specified in Paragraph (2).

(4) The Government,
replied 1913d
via the Prime Minister, may propose that the vote on the motion it has made simultaneously be considered as a vote of confidence.

(5) Should the Parliament fail to give the Governmen
replied 1913d
t a vote of confidence in accordance with the provisions of Paragraphs (3)-(4), the Government shall resign.

Article 39/B. Edit
Should the mandate of the Government end, the Governmen
replied 1913d
t shall remain in office until the formation of the new Government and shall continue to exercise the rights accorded to it; the Government, however, may not conclude international
replied 1913d
treaties and may only issue decrees with the express authorization of a law, in cases when delay is not permissible.

Article 39/C. Edit
(1) If the term of the Prime Minister is
replied 1913d
terminated upon formation of the newly elected Parliament or upon the resignation of the Prime Minister or the Government, the Prime Minister shall remain in office as an interim
replied 1913d
Prime Minister until the new Prime Minister is elected, but may not motion for the nomination or dismissal of ministers and may only issue decrees upon the express authorization of
replied 1913d
law in urgent cases.

(2) If the term of the Prime Minister ends due to his death, disfranchisement or upon declaration of a conflict of interest, the Deputy Prime Minister - or the
replied 1913d
first Deputy Prime Minister if more than one Deputy Prime Minister has been appointed - shall hold, subject to the restrictions defined in Paragraph (1), the Prime Minister's office
replied 1913d
until the new Prime Minister is elected.

Article 40. Edit
(1) The Government has the right to form committees for specific functions.

(2) The Government has the right to place any
replied 1913d
branch of public administration under its direct supervision and create separate government bodies for this purpose.

(3) The legal status, remuneration and method of accountability
replied 1913d
of the members of ministries and bodies controlled and supervised by the Government shall be governed by specific other legislation.

Chapter VIII. Hungarian Armed Forces, law
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enforcement agencies Edit
Article 40/A. Edit
(1) The fundamental duty of the Hungarian Armed Forces is the military defense of the country and participation in the collective defense
replied 1913d
duties under international treaty.

(2) The fundamental duty of the Police is to protect public security, to maintain law and order, and to guard the borders of the country.

(3)
replied 1913d
[Repealed]

(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the Hungarian Armed Forces and its duties, on the Police and
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on the use of special investigative means and techniques, and on the detailed regulations pertaining to issues of national security.

Article 40/B. Edit
(1) [Repealed]

(2) In the
replied 1913d
event of armed actions aimed at overturning constitutional order or at the acquisition of exclusive control of public power, or in the case of grave acts of violence committed by
replied 1913d
force of arms or by armed groups which endanger lives and property on a mass scale, during a state of emergency declared in accordance with the provisions of the Constitution, the
replied 1913d
Hungarian Armed Forces may be used, if the use of the police proves insufficient.

(3) Within the framework of the Constitution, only Parliament, the President of the Republic, the
replied 1913d
National Defense Council, the Government and the responsible Minister shall have the right to command the Hungarian Armed Forces, unless otherwise provided by international treaties.
replied 1913d
(4) Professional members of the Hungarian Armed Forces, the Police and the national security services may not be members of political parties and may not engage in political activitie
replied 1913d
s, furthermore, they may not be nominated while in active service and for a period of three years following the termination of their service relationship in Parliamentary elections, in
replied 1913d
elections for the European Parliament, in the election of council members and mayors, and in the election of representatives of minority self-governments.

(5) Restrictions on the
replied 1913d
political activities of non-professional members of the Hungarian Armed Forces may be established by a law passed by a majority of two-thirds of the votes of the Members of Parliament
replied 1913d
present.

Article 40/C. Edit
(1) The Government shall have powers to authorize the use of the Hungarian Armed Forces and foreign armed units by decision of the European Union, or
replied 1913d
deployment of troops by decision of the North Atlantic Treaty Organization in accordance with Subparagraph j) of Paragraph (3) of Article 19.

(2) The Government shall forthwith
replied 1913d
notify the Parliament and the President of the Republic concurrently of its decisions made under Paragraph (1) and as regards the participation of the Hungarian Armed Forces in
replied 1913d
peacekeeping missions and humanitarian operations in foreign theaters.

Chapter VIII/A. Pénzügyi Szervezetek Állami Felügyelete (Hungarian Financial Supervisory Authority) Edit
Ar
replied 1913d
ticle 40/D. Edit
(1) The Pénzügyi Szervezetek Állami Felügyelete is the body responsible for oversight, monitoring and regulation of the financial intermediation system of the
replied 1913d
Republic of Hungary. The Pénzügyi Szervezetek Állami Felügyelete shall be responsible to ensure the smooth functioning of the financial intermediation system.

(2) The President
replied 1913d
of the Pénzügyi Szervezetek Állami Felügyelete shall be appointed by the President of the Republic for a term of six years, and the vice presidents are appointed by the Prime
replied 1913d
Minister also for a term of six years.

(3) The President of the Pénzügyi Szervezetek Állami Felügyelete shall report to Parliament on the work of the Authority on an annual
replied 1913d
basis.

(4) The President of the Pénzügyi Szervezetek Állami Felügyelete shall - within the framework of his responsibilities and duties - issue decrees under authorization by an
replied 1913d
act, which may not be contradictory to any act or government decree, or decree adopted by the Governor of the Magyar Nemzeti Bank. The President of the Pénzügyi Szervezetek Állami
replied 1913d
Felügyelete shall have authority to delegate powers for adopting decrees on his behalf upon a vice president designated by decree.

Chapter VIII/B. Nemzeti Média- és Hírközlési
replied 1913d
Hatóság (National Media and Infocommunications Authority) Edit
Article 40/E. Edit
(1) The Nemzeti Média- és Hírközlési Hatóság is the regulatory and supervisory body of the
replied 1913d
electronic communications market of the Republic of Hungary. The Nemzeti Média- és Hírközlési Hatóság is responsible to facilitate the smooth operation of the electronic
replied 1913d
communications market.

(2) The President of the Nemzeti Média- és Hírközlési Hatóság is appointed by the Prime Minister for a term of nine years.

(3) The Nemzeti Média- és
replied 1913d
Hírközlési Hatóság shall give account of its activities to Parliament on a yearly basis.

(4) The President of the Nemzeti Média- és Hírközlési Hatóság shall - within the
replied 1913d
framework of his responsibilities and duties - issue decrees under authorization by an act, which may not be contradictory to any other legislation.

Chapter IX. Local Governments Edi
replied 1913d
t
Article 41. Edit
(1) The territory of the Republic of Hungary is divided into the following administrative units: the capital, the counties, the cities and communities.

(2) The
replied 1913d
capital is divided into districts. Districts may be formed in cities as well.

Article 42. Edit
Eligible voters of the communities, cities, the capital and its districts, and the
replied 1913d
counties have the right to local government. Local government refers to independent, democratic management of local affairs and the exercise of local public authority in the interests
replied 1913d
of the local population.

Article 43. Edit
(1) The fundamental rights of all local governments (see Article 44/A.) are equal. The duties of local governments may differ.

(2) The
replied 1913d
rights and duties of local governments shall be determined by law. The lawful exercise of the powers of local government is afforded the legal protection of the courts and any local
replied 1913d
government may appeal to the Constitutional Court for the protection of its rights.

Article 44. Edit
(1) Eligible voters exercise the right to local government through the representa
replied 1913d
tive body that they elect and by way of local referendum.

(2) With the exception of mid-term elections, the mayor and the members of local representative bodies shall be elected in
replied 1913d
the month of October in the fourth year following the previous general elections.

(3) The mandate of the representative body shall expire on the day of the general local government
replied 1913d
elections. If no elections are held due to the lack of nominees, the mandate of the representative body shall extend to the day of the mid-term elections. The mandate of the mayor
replied 1913d
shall expire upon the election of the new mayor.

(4) A representative body may declare its dissolution prior to the expiration of its mandate and in accordance with the conditions
replied 1913d
stipulated in the law on local governments. Upon dissolution of the body [Article 19, Paragraph (3), Point I)] the mandate of the Mayor also ends.

Article 44/A. Edit
(1) The local
replied 1913d
representative body -

a) shall independently manage and administrate the affairs of local government and its decisions may only be reviewed with respect to their legality;

b) shall
replied 1913d
exercise the rights of ownership in the assets of local government, independently manage local government revenues, and may undertake business activities at its own liability;

c)
replied 1913d
shall be entitled to its own revenues for attending to the duties of local government as prescribed by law, and shall furthermore be entitled to state support commensurate to the
replied 1913d
scope of such duties;

d) shall determine the types and rates of local taxes in accordance with the framework established by law;

e) shall independently establish its own organizatio
replied 1913d
n and rules of procedure in accordance with the framework established by law;

f) may develop symbols and emblems of government, and establish local honors and titles;

g) may present
replied 1913d
proposals to the authorities responsible for decisions that affect the local population;

h) may freely merge with other local representative bodies and create associations of local
replied 1913d
government for the representation of their interests, may co-operate with the local governments of other countries and may be a member of international associations of local governmen
replied 1913d
t.

(2) Local representative bodies may issue decrees, which may not be contradictory to other legal acts.

Article 44/B. Edit
(1) The mayor functions as the chairman of the local
replied 1913d
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
replied 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
communities. Public media services shall be overseen by an autonomous administrative authority and independent ownership body, whose members are elected by Parliament, whereas
replied 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
(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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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 1913d
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
Unknown
replied 1913d
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 1913d
ons of the European Union that require government participation;

l) attend to those responsibilities assigned to its sphere of authority by law.

m) have powers, in the event of a


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