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Politics

The Government System of Hungary

Hungary is a landlocked country that is located in Central Europe and it is bordered with the countries of Slovakia, Ukraine, Romania, Serbia, Croatia, Slovenia, and Austria. Its capital city Budapest is located not far from the Slovakian border. The country is a part of the European Union. The land where Hungary is located now-a-days has seen many peoples living within it including Celts, Romans, Germanic tribes, Huns, West Slavs, and also Avars. The foundations of the Hungarian state were established from the later ninth century AD after the conquest of the Carpathian Basin and the Principality of Hungary was founded.  

Stephen I made the realm into a Christian Kingdom after ascending to the throne in 1000 AD and Hungary became a regional power by the 12th Century AD and reached its cultural and political height in the 15th Century. The Battle of Mohacs in 1526 led to Hungary becoming partially occupied by the Ottoman Empire from 1541 to 1699.  

From the 18th Century Hungary came under the rule of the powerful Habsburgs dynasty and after the failed Hungarian Revolution of 1848, the country came under absolute rule of the Austrian Empire. An agreement called the Austro-Hungarian Compromise later restored the territorial integrity of the Kingdom of Hungary in agreement with joining into union with Austria, creating the Austro-Hungarian Empire, both sides had their own governments and leaders, but an Emperor/King was Head of State over both.  

The 1st World War would break out following build-up of political and military tensions in Europe and the following assassination of Arch-Duke Ferdinand in Sarajevo in Bosnia & Herzegovina which was part of the Austro-Hungarian Empire during that time as it had been annexed. Austro-Hungary invaded Serbia at the beginning of the war but suffered many set-backs, especially when the Russian Empire entered the war against them, the German Empire on the other hand joined their side.  

The result of the 1st World War brought about massive social and political changes, including the collapse of the Austro-Hungarian Empire after they lost the war and the following Treaty of Trianon established Hungary’s modern-day borders causing them to lose much territory and ethnic population, it once again became the Kingdom of Hungary. During World War 2 Hungary joined the axis powers and once again found itself on the losing side afterwards, leading to the country setting up a short-lived Republic and then becoming a satellite state of the Soviet Union, putting an end to the country’s monarchy.  

A violent revolution in Hungary in 1956 against the Soviet-backed government failed to topple it but did lead to reforms that allowed Hungary to become relatively freer than other Eastern bloc states of the time. The opening up of Hungary’s border into the West in 1989 hastened the eventual collapse of the Eastern bloc and subsequently the Soviet Union itself and on that year, Hungary transformed into a parliamentary democratic republic. The country became a member of the European Union in 2004.   

The country’s official language is Hungarian, the largest religion is Roman Catholic although a significant number have not given an answer to their religious affiliation if any at all, the country’s currency is the Forint. The country’s declining (due to low birth rate and emigration) population is over 9,647,000.   

Government Type  

Hungary’s Coat of Arms.

Hungary is a parliamentary representative democratic republic with a President who is Head of State and a Prime Minister that is Head of Government, the Prime Minister wields much more influence than the President does, the President is mostly seen as a ceremonial figurehead, although still serve many important functions.  

There is a unicameral parliament called the National Assembly that makes up the legislative government. Multiple parties are allowed.  

It has been recorded that Hungary’s democracy has declined since the currently ruling Fidesz and Christian Democratic People’s Party won two-thirds majorities in the 2010, 2014 and 2018 elections. Such reasons including increasing corruption and undermining of law, tightening of control over the media and independent institutions by the ruling party as well as changes to electoral law and systems of campaign finance regarded as unfair to the opposition. The country also drafted and adopted a new constitution in 2011 that has also been subject to widespread controversy over human rights, heavy nationalistic intent, and subject too heavily to the ruling party.  

The Executive Government   

Sandor Palace, official residence and office of the President of Hungary. Photo by Kontár Csaba Attila from Wikimedia Commons. CC BY-SA 3.0. Source.

As said the President is the Head of State and is charged with representing the country abroad and at home and is charged with ensuring compliance with the country’s constitution.  

Presidential Duties 

The President convenes a constitutive sitting of the National Assembly to dismiss/dissolve it 30-days before the next election. The President can also dissolve the National Assembly for fresh elections if the National Assembly fails to elect the person proposed as Prime Minister by the President within 40-days of the presentation of the first proposal, or if the National Assembly fails to adopt the state budget by the 31st March.  

Before the President can take the action of dissolving the National Assembly for early elections, they must seek the opinion of the Prime Minister, the Speaker of the National Assembly, and the leaders of the parliamentary groups.  

The President is the Commander in Chief of the country’s defense forces. The President appoints and promotes generals. The President is also the President of the National Defense Council when it is convened during a State of National Crisis, other members of this council are the Speaker of the National Assembly, leaders of parliamentary groups, the Prime Minister, the Ministers, and in a consultative capacity the Chief of the National Defense Staff.  

The President can attend and address sittings of the National Assembly. The President initiates Acts (legislation) and referendums. The President sets the date for the next elections.  

The President makes decisions concerning a special legal order.  

The President appoints professional judges and the President of the Budget Council. Confirms the President of the Hungarian Academy of Sciences and the President of the Hungarian Academy of Arts.  

The President shall express consent to be bound to international treaties/agreements after authorization from the National Assembly. The President accredits and receives ambassadors and envoys.  

The President appoints Ministers, the Governor and Deputy Governors of the National Bank of Hungary, heads of autonomous regulatory organs and university professors.  

The President has the right of individiual pardon. The President decides on matters related to acquisition and termination of citizenship.  

Certain presidential powers, such as expressing consent to treaties, appointing/promoting generals, ministers, governors of the Bank of Hungry, autonomous regulatory organs, university professors, pardons, citizenship etc require counter signature by a member of the Government concerned to have effect, unless and Act decides otherwise.  

Presidential Removal  

The President can be removed from office by a two-thirds majority vote in the National Assembly either due to conflict of interests or if the President has been unable to perform their duties for over 90-days.  

The President can also be impeached and removed from office for willfully violating the Fundamental Law, or any Act, or if they committed a willful criminal offence. At least one-fifth of members can propose their removal under the mentioned grounds. Impeachment is then adopted by a two-thirds majority of the National Assembly, if adopted the President will be unable to perform their powers until after the impeachment process is concluded.  

After impeachment is adopted the matter goes to the judgement of the Constitutional Court which will make a decision to convict the President and then may remove them from office.  

While the President is prevented from acting of has had their mandate terminated the Speaker of the National Assembly will act as President until the actual president receives their powers back or until a new President takes office. Such a fact that the President is prevented from performing actions is determined by the National Assembly at the initiative of either the President of the Republic, the Government, or any member of the National Assembly. A Deputy Speaker will act as Speaker of the National Assembly until the Speaker returns.  

The Government and Prime Minister  

The Government is the general and principal organ of executive power and public administration, exercising functions and powers that are not conferred by the Fundamental Law or legal regulation to another organ. The Government is headed by the Prime Minister. The Government and Prime Minister are accountable to the National Assembly and must maintain its confidence to remain in power. The Prime Minister defines the general policy of the Government.  

The Government can establish organs of State administration as provided for by an Act. Acting within its functions the Government shall adopt decrees in matters that are not regulated by an Act, or on the basis of authorization by an Act. No government decrees can come into conflict with an Act (legislation that is enforced).  

Other members of Government include the Ministers which play roles in the efficient functioning of the Government within their respective areas of competence. The Prime Minister can designate one or more Ministers as Deputy Prime Minister/s via a decree. Ministers are appointed or dismissed by the President of the Republic at the direction of the Prime Minister.  

Within the framework of the Government’s general policy, the Ministers autonomously control the sectors of state administration within their functions and the subordinate organs, and performs tasks determined by the Prime Minister or Government. Decrees adopted by Ministers in their areas of competence cannot conflict with an Act, government decree or decree from the Governor of the Bank of Hungary.  

Members of Government can attend and answer questions in the National Assembly. They may also be obliged to appear at a parliamentary committee.  

When the Prime Minister’s mandate terminates so does that of all Government members. The Prime Minister is able to initiate a confidence vote themselves in the National Assembly on him/her and their government. If there is a declaration of conflict/s of interest then the Prime Minister’s mandate will terminate if a two-thirds majority of the National Assembly votes against the Prime Minister.  

The Government and Prime Minister enter into a caretaker phase once their mandate terminates until the new Government comes in, during this time the caretake government cannot express consent to be bound by international treaties/agreements and cannot adopt decrees unless authorized to do so by an Act or due to urgency.  

Emergency Provisions  

During times of crisis or emergency such extraordinary measures may be declared that give extraordinary powers to certain bodies and increased powers to authorities as well as temporarily limiting rights and guarantees in an attempt to bring such crises and emergencies under control or until they have ended.  

The State of National Crisis and State of Emergency among others are Special Legal Orders that can be put in place by a two-thirds vote of the National Assembly. A State of National Crisis will set up a National Defence Council that has the ability to take direct and extraordinary control of the country and its armed forces during the time period, such a Crisis can only be declared after a state of war is declared or there is an imminent danger of armed attack by a foreign power.  

A State of Emergency can only be declared in the event of armed actions aiming to subvert lawful order or that aim to acquire power, or in the event of serious acts of violence that endanger life and property on a massive scale, committed with arms or objects suitable to be used as arms.  

State of Preventative Defense can be declared if there is threat of external armed attack or in order to meet obligation arising from an alliance. State of Danger can be declared for serious natural disaster or industrial accidents.  

If the National Assembly is unable to do so the President of the Republic has the right by decree to declare a State of National Crisis, State of Emergency and State of War or other Special Legal Acts. Speaker of the National Assembly, President of the Constitutional Court and Prime Minister shall determine this unanimously. Afterwards whenever the National Assembly can reconvene, they shall decide finally if such actions taken were justified and legality of adopted measures via votes of two-thirds.  

National Assembly cannot be dissolved during State of National Crisis or Emergency or other Special Legal Orders.  

The Legislative Government  

Budapest Parliament conference hall. Photo by Michael Krahe from Wikimedia Commons. CC BY-SA 3.0. Source.

The National Assembly is the unicameral chamber that makes up the legislative government, it currently has 199 members. Its main jobs include having legislation introduced which will be debated and voted on, which can be amended and/or passed or rejected where the legislation if passed will then head to the President of the Republic for promulgation. Another job of the National Assembly is to provide oversight and scrutiny over operations and actions of the Government. It is also the job of the National Assembly to scrutinize and adopt the annual state budget submitted by the Government.  

Oversight also includes public offices, and officials of the Government and of public offices can have questions addressed to them by the National Assembly. Parliamentary Committees can also be set up to hold inquiry into matters of public importance which include powers to summon people and obtain evidence.  

The National Assembly decides on ordering a National Referendum on a matter at the proposal of either 100,000 citizens, the President of the Republic, or the Government. If at least 200,000 citizens request a referendum on a matter, and that matter is allowed a referendum by the Fundamental Law, then the National Assembly must order a referendum without question.  

Legislation can be introduced by the President of the Republic, the Government, any Parliamentary Committee, or any member of the National Assembly. Legislation can be sent for review to the Constitutional Court by the National Assembly upon a vote.  

When legislation is passed it goes to the President of the Republic for promulgation, the president can choose to send the legislation for review of the Constitutional Court if the National Assembly has not already done this. If the President disagrees with the legislation either full or in part the President can withhold promulgation and send it back to the National Assembly with comments for reconsideration. The National Assembly can return the bill unamended and if it is then sent to the Constitutional Court and returned without problem the President must promulgate it.  

It is also the job of the National Assembly to elect a number of public and judicial offices including the President of the Republic. These other offices elected by the National Assembly include members and the President of the Constitutional Court; the President of the Curia (proposed by the President of the Republic), which is the highest judicial authority in the country; the President of the National Office of the Judiciary (proposed by the President of the Republic); the Prosecutor General (proposed by the President of the Republic); the Commissioner for Fundamental Human Rights (proposed by the President of the Republic) and their deputies; and the President of the State Audit Office.  

The National Assembly also elects the Prime Minister, who is proposed by the President of the Republic, after parliamentary elections have taken place.  

There is a Speaker of the National Assembly who is elected by its own members at the beginning of the parliamentary term, they ensure orderly debate, agenda, and represent the National Assembly in an impartial manner. Deputy Speakers and parliamentary notaries are also elected by the National Assembly.  

The National Assembly has the power to dissolve representative bodies of which operate in conflict of the Fundamental Law (country’s constitution).  

The National Assembly also has the power to amend or adopt a new constitution. Cardinal Acts are legislation that are of much more importance and delicacy of which implications are of grander impact if changed/amended, also known as organic legislation, of which such requires a two-thirds majority to pass rather than a simple majority like normal legislation. The National Assembly has the power to force the Prime Minister and Government to resign if they declare a loss of confidence via the correct special majority required on an introduced resolution. The National Assembly decides on State of War and making of Peace. The National Assembly takes decisions concerning special legal order and military operation participation.  

A no-confidence motion is brought against the Prime Minister/Government by at least one-fifth of members and also includes the proposed replacement of the Prime Minister, for the motion to succeed against the Prime Minister there must be an absolute majority, then the proposed Prime Minister will be automatically elected.  

The National Assembly can grant general pardons from the law.  

The National Assembly can also scrutinize and give approval to most international treaties and agreements before they can be officially ratified.  

The National Assembly has the power to dissolve itself which can lead to fresh elections.  

The National Assembly can vote to remove a legislator that has broken rules, via a two-thirds majority.  

People have the Right of Petition to submit either individually or jointly with others, written applications, complaints or proposals to any organ that exercises public power.  

The National Assembly has the power to set-up via a cardinal Act (requiring a special majority) autonomous regulatory organs to perform and exercise certain powers and functions that belong to the executive branch. The head of such an organ is appointed by the Prime Minister, or on the proposal of the Prime Minister, by the President of the Republic for the term specified in the cardinal Act. The head will annually report activities of the organ to the National Assembly. Via authorization of an Act or via means laid out by the cardinal Act, the head issues decrees. Such decrees cannot come into conflict with an Act, government decree, prime ministerial decree, or decree of the Governor of the Bank of Hungary.  

The Electoral Government  

Image by Szajd from Wikimedia Commons. CC BY-SA 3.0. Source.

The President of the Republic is elected every 5-years by the National Assembly, this includes a nomination period with each member able to nominate one person, which requires support of one-fifth of members for each new nomination to be accepted for the election. To win in the first round one of the nominees requires at least two-thirds of the vote of the National Assembly, if this does happen there will be a 2nd round between the two nominees who got the highest votes, the 2nd round is won by simple majority. If the 2nd round is inconclusive then a new election is held after repeated nomination.  

Candidates for President must be Hungarian citizen who is at least 35-years or older.  

Parliamentary elections to elect the members of the National Assembly take place every 4-years. The electoral system is a mixed one, with 106 members elected via a first-past-the-post system from single-seat constituencies and 93 members are elected nationwide from a single-list using a proportional representation system utilizing the D’Hondt method, there is a 5% electoral threshold in this that is required to guarantee seats.  

After parliamentary elections the President of the Republic will propose a Prime Minister based on who he/she believes commands the most confidence of the National Assembly and members of the National Assembly will vote to confirm the proposal needing an absolute majority, officially electing the Prime Minister and confirmed via appointment by the President. If the proposed Prime Minister fails to get elected within 15-days the President will choose another nominee. 

To vote one must be a citizen of Hungary who is at least 18-years-old. Voting is not mandatory.  

Sources 

The source from this post comes from Hungary’s 2011 constitution with amendments through to 2013 (constituteproject.org) and so should be as up to date as possible, but of course there is a chance I misinterpreted some things and missed other things and this constitution can be amended and therefore make this post outdated and so when using this in a serious capacity cross-research is encouraged.  

Some information in Government Type section on state of Hungary’s democracy is sourced from Freedom House index.  

Proposals for changing of the constitution are made by either the President of the Republic, the Government, any parliamentary committee or by any member of the National Assembly. Adoption requires a two-thirds majority in the National Assembly and then promulgation by the President of the Republic, who may choose to submit to evaluation of the Constitutional Court over any issues.  


Next up shall be the government system of Iceland!

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