Constitution of the Republic of Hungary (1949, amended 1997) (excerpts)

Act XX of 1949

The Constitution of the Republic of Hungary

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Chapter II

The Parliament

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Article 26 - Promulgation

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(6) The President of the Republic shall ratify the law subject to national referendum if such law is confirmed by the national referendum.

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Article 28B - Referenda

(1) The subject of national referenda or popular initiatives may fall under the jurisdiction of the Parliament.

(2) A majority of two-thirds of the votes of the Members of Parliament present shall be required for the Parliament to pass the law on national referenda and popular initiatives.

Article 28C - National referendum

(1) A national referendum may be held for reaching a decision or for an expression of opinion. Carrying out a national referendum may be mandatory or may be the result of the consideration of a matter.

(2) A national referendum shall be held if so initiated by at least 200,000 voting citizens.

(3) If a national referendum is mandatory, the result of the successfully held national referendum shall be binding for the Parliament.

(4) Based on its consideration, the Parliament may order a national referendum upon the initiative by the President of the Republic, the Government, by one-third of Members of the Parliament or by 100,000 voting citizens.

(5) National referendum may not be held on the following subjects:

a) on laws on the central budget, the execution of the central budget, taxes to the central government and duties, customs tariffs, and on the central government conditions for local taxes,

b) obligations set forth in valid international treaties and on the contents of laws prescribing such obligations,

c) the provisions of the Constitution on national referenda and popular initiatives,

d) personnel and restructuring (reorganization, termination) matters falling under Parliamentary jurisdiction,

e) dissolution of the Parliament,

f) the Government's program,

g) declaration of a state of war, a state of emergency or a state of national crisis,

h) use of the Armed Forces abroad or within the country,

i) dissolution of the representative body of local governments,

j) amnesty.

(6) A national ratification referendum shall be considered successful if more than half of the votes of the citizens voting are valid, but at least more than one-quarter of all eligible voters have given the same answer in the referendum.

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Article 28E - Signatures

In order to call a national referendum, signatures may be collected for a period of four months in the case of a civic initiative, and for a period of two months in the case of a national popular initiative.

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Chapter III

The President of the Republic

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Article 30A - Powers

(1) The President of the Republic shall -

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d) announce general parliamentary and local government elections, mayoral elections as well as the dates of the European parliamentary elections and national referenda;

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g) have the right to initiate national referenda;

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Chapter IX

Local Governments

Article 44 - Exercise of the right to local government

(1) Eligible voters exercise the right to local government through the representative body that they elect and by way of local referendum.

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Chapter XII

Fundamental Rights and Duties

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Article 70

(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 Parliamentary elections, local government elections or minority self-government elections, provided that they are present in the country on the day of the election or referendum, and furthermore to participate in national or local referenda or popular initiatives.

(2) Persons residing in the territory of the Republic of Hungary as immigrants who do not have Hungarian citizenship also have the right to vote in local government elections of representatives and the Mayor, as well as the right to participate in local referenda and popular initiatives, in accordance with the regulations of a separate law, provided that they are present in the country on the day of the election or referendum.

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