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THE FUNDAMENTAL LAW OF HUNGARY
(25 April 2011)

(excerpts)

FOUNDATION

Article B

(4) The power shall be exercised by the people through elected representatives or, in
exceptional cases, directly

 

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FREEDOM AND RESPONSIBILITY

Article IX

(3) For the appropriate dissemination of information necessary for the formation of
democratic public opinion and to ensure the equality of opportunity, political advertisements
may only be published in media services free of charge. In the campaign period prior to the
election of Members of Parliament and of Members of the European Parliament, political
advertisements published by and in the interest of nominating organisations setting up
country-wide candidacy lists for the general election of Members of Parliament or candidacy
lists for the election of Members of the European Parliament may only be published by way
of public media services and under equal conditions, as provided for by a cardinal Act.
[...]

Article XXIII
(1) Every adult Hungarian citizen shall have the right to vote and to be voted for in elections
of Members of Parliament, local government representatives and mayors, and of Members of
the European Parliament.
(2) Every adult citizen of another Member State of the European Union with residence in
Hungary shall have the right to vote and to be voted for in elections of local government
representatives and mayors, and of Members of the European Parliament.
(3) Every adult person recognised as a refugee, immigrant or resident in Hungary shall have
the right to vote in elections of local government representatives and mayors.
(4) A cardinal Act may provide that the right to vote and to be voted for, or its completeness
shall be subject to residence in Hungary, and the eligibility to be voted for shall be subject to
additional criteria.
(5) In elections of local government representatives and mayors voters may vote at their place
of residence or registered place of stay. Voters may exercise their right to vote at their place
of residence or registered place of stay.
(6) Those disenfranchised by a court for a criminal offence or limited mental capacity shall
not have the right to vote and to be voted for. Citizens of another Member State of the
European Union with residence in Hungary shall not have the right to be voted for if they
have been excluded from the exercise of this right in their State pursuant a legal regulation, a
court decision or an authority decision of their State.
(7) Everyone having the right to vote in elections of Members of Parliament shall have the
right to participate in national referendums. Everyone having the right to vote in elections of
local government representatives and mayors shall have the right to participate in local
referendums.
(8) Every Hungarian citizen shall have the right to hold public office according to his or her
aptitude, qualifications and professional competence. Public offices that shall not be held by
members or officials of political parties shall be specified by an Act.

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Article 2
(1) Members of Parliament shall be elected by universal and equal suffrage in a direct and
secret ballot, in elections which ensure free expression of voters’ will, in a manner laid down
in a cardinal Act.
(2) The participation in the work of Parliament of nationalities living in Hungary shall be
regulated by a cardinal Act.
(3) The general elections of the Members of Parliament shall be held in the month of April or
May of the four year following the election of the previous Parliament, except for elections
held due to Parliament dissolving itself or to it being dissolved.

Article 3
(1) The mandate of Parliament shall commence with its constitutive sitting, and shall last until
the constitutive sitting of the next Parliament. The constitutive sitting shall be convened by
the President of the Republic within thirty days of the elections.
(2) Parliament may declare its own dissolution.
(3) The President of the Republic may dissolve Parliament, and simultaneously announce new
elections if:
a) Parliament, when the mandate of the Government terminates, fails to elect the person
proposed by the President of the Republic for Prime Minister within forty days of presentation
of the first nomination, or
b) Parliament fails to adopt the State Budget for the year in question by 31 March.
(4) Before dissolving Parliament, the President of the Republic shall be obliged to obtain the
opinion of the Prime Minister, the Speaker of Parliament, and the leaders of the parliamentary
groups.
(5) The President of the Republic may exercise his or her right set out in Paragraph (3)a) until
Parliament elects the Prime Minister. The President of the Republic may exercise his or her
right set out in Paragraph (3)b) until Parliament adopts the State Budget.
(6) The new Parliament shall be elected within ninety days of Parliament dissolving itself or
of it being dissolved.

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Article 10
(1) The President of the Republic shall be elected for five years by Parliament.
(2) Any Hungarian citizen who has reached the age of thirty-five years may be elected
President of the Republic.
(3) The President of the Republic may be re-elected only once.


Article 11
(1) The President of the Republic shall be elected no sooner than sixty but no later than thirty
days before expiry of the mandate of the previous President of the Republic, or, as the case
may be, within thirty days of the premature termination of his or her mandate. The date for the
election of the President of the Republic shall be set by the Speaker of Parliament. Parliament
shall elect the President of the Republic by secret ballot.
(2) The election of the President of the Republic shall be preceded by nomination. Any
nomination shall be valid subject to a written proposal by at least one-fifth of the Members of
Parliament. Nominations shall be submitted to the Speaker of Parliament before the vote is
ordered. Every Member of Parliament may propose one candidate. No proposal for multiple
candidates shall be valid.
(3) President of the Republic elected in the first round of voting shall be the candidate who
receives the votes of two-thirds of the Members of Parliament.
(4) If the first round of voting is inconclusive, a second round shall be held. In the second
round of voting, votes may be cast for the two candidates receiving the highest and second
highest numbers of votes respectively in the first round. In the event of a tied vote for first
place in the first round of voting, votes may be cast for the candidates who have received the
highest number of votes. In the event of a tied vote only for second place in the first round of
voting, votes may be cast for all candidates who have received the highest and second highest
numbers of votes. President of the Republic elected in the second round of voting shall be the
candidate who – regardless of the number of those participating in the vote – receives the
highest number of valid votes. If the second round of voting is also inconclusive, a new
election shall be held after repeated nomination.
(5) The elections procedure shall be completed within two consecutive days at most.
(6) The President-elect of the Republic shall swear an oath before Parliament and take office
on expiry of the mandate of the previous President of the Republic or, in the event of the early
termination of such mandate, eight days after the announcement of the result of the election.

[...]

Article 35
(1) Voters shall exercise universal and equal suffrage to elect local government
representatives and mayors by direct and secret ballot, in elections allowing the free
expression of the will of voters, in the manner defined by a cardinal Act.
(2)60 General elections of local government representatives and mayors shall be held in
October of the fifth year following the previous general election of local government
representatives and mayors.
(3) The mandate of local representative bodies shall end on the day of the national elections of
local government representatives and mayors. In the case of elections cancelled due to the
absence of candidates, the mandate of local representative bodies shall be extended until the
day of the interim elections. The mandate of mayors shall end on the day of the election of the
new mayor.
(4) Local representative bodies may declare their own dissolution, as provided for by a
cardinal Act.
(5) At the motion of the Government – submitted after obtaining the opinion of the
Constitutional Court –, Parliament shall dissolve the representative body which operates in a
way contrary to the Fundamental Law.
(6) Voluntary and mandatory dissolution shall also terminate the mandate of mayors.

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