Gavin Howe
Hungary's first permanent written constitution was adopted in 1949, at the creation of the Hungarian People's Republic. This document was heavily amended in 1989, and in 2011, a new constitution was adopted within a democratic framework and following free elections. This new constitution, the Fundamental Law of Hungary, entered into force on 1 January 2012 and is the country's current constitution. It includes various socially and fiscally conservative provisions, such as restricting the powers of the Constitutional Court on budget and tax matters, allowing the President to dissolve Parliament if a budget is not approved, and protecting the life of a fetus from the moment of conception.
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What You'll Learn
The Fundamental Law of Hungary
The 2011 constitution has been controversial, with critics claiming that it was adopted without sufficient input from the opposition and wider society, and that it reflects the ideology of the ruling Fidesz party. Amnesty International has also criticised the document, stating that it "violates international and European human rights standards" with regards to issues such as fetal protection, marriage, life imprisonment, and the lack of coverage of sexual orientation in the anti-discrimination clause.
The Fundamental Law is divided into sections and articles and has been described as socially and fiscally conservative. It includes a number of notable provisions, such as the protection of the life of a fetus from the moment of conception, the ability of the president to dissolve parliament if a budget is not approved, and the restriction of companies bidding for government contracts to those with transparent activities and ownership structures. The constitution also lowers the mandatory retirement age for judges from 70 to the general retirement age, which was 62 at the time of adoption and is set to increase to 65 by 2022.
The enactment of the Fundamental Law of Hungary came during the country's six-month Presidency of the Council of the European Union. According to Prime Minister Viktor Orbán, the constitution represents a transition to democracy and enables sound finances and clean government. The document also changes the country's name from the "Hungarian Republic" to "Hungary", although it remains a republic.
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The 1949 Constitution
The Fundamental Law of Hungary has been the subject of controversy, both domestically and abroad. Critics claim that it was adopted without sufficient input from the opposition and wider society, and that it reflects the ideology of the ruling Fidesz party. The law includes socially and fiscally conservative provisions, such as restricting the powers of the Constitutional Court on budget and tax matters until the public debt falls below 50% of gross domestic product, allowing the president to dissolve parliament if a budget is not approved, and limiting the powers of the head of the Hungarian National Bank. It also protects the life of a fetus from the moment of conception, which may pave the way for future restrictions on abortion.
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The 1989 Amendments
The Fundamental Law of Hungary, the country's constitution, was first adopted by parliament on 18 April 2011 and entered into force on 1 January 2012. This constitution succeeded the 1949 Constitution, which was heavily amended on 23 October 1989. The 1949 Constitution was Hungary's first permanent written constitution, created after the country became the Hungarian People's Republic.
Another key aspect of the 1989 amendments was the increased emphasis on economic and social policies. The amendments sought to address the country's economic situation and lay the groundwork for renewal and recovery. This included measures to control and reduce national debt, as well as acknowledging the importance of raising children and the responsibilities of parents.
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The 2011 Constitution
The Fundamental Law of Hungary (Hungarian: Magyarország alaptörvénye), or the 2011 Constitution, is Hungary's first constitution adopted within a democratic framework and following free elections. It was adopted by parliament on 18 April 2011, promulgated by the president a week later, and entered into force on 1 January 2012. The 2011 Constitution succeeded the 1949 Constitution, which was heavily amended in 1989.
The preamble of the 2011 Constitution contains references to the Holy Crown, God, Christianity, traditional family values, and the nation's history. It also includes a commitment to promoting and safeguarding Hungary's heritage, culture, and natural assets, as well as a belief in the importance of human dignity and individual freedom within a cooperative framework.
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The 2012 Criminal Code
The current Hungarian Criminal Code is Act C of 2012 on the Criminal Code, which came into force on 1 July 2013. This law was enacted during Hungary's six-month Presidency of the Council of the European Union.
The enactment of the 2012 Criminal Code, as part of the Fundamental Law, was controversial. Critics claimed that it was adopted without sufficient input from the opposition and reflected the ideology of the ruling Fidesz party. The Hungarian Socialist Party and Politics Can Be Different (LMP) boycotted the drafting process and the vote.
However, supporters of the 2012 Criminal Code, such as Prime Minister Viktor Orbán, argued that it completed Hungary's transition to democracy and enabled sound financial management and clean government. The law includes a variety of measures, such as restricting the powers of the Constitutional Court on budget and tax matters until the public debt falls below 50% of gross domestic product, allowing the president to dissolve parliament if a budget is not approved, and limiting the powers of the head of the Hungarian National Bank.
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Frequently asked questions
The Fundamental Law of Hungary, or the country's constitution, was adopted by parliament on April 18, 2011, and entered into force on January 1, 2012.
The Fundamental Law is described as socially and fiscally conservative, initiating a number of changes. It restricts the powers of the Constitutional Court on budget and tax matters, allows the President to dissolve Parliament if a budget is not approved, and protects the life of a fetus from the moment of conception.
Yes, Hungary has had a number of constitutional laws and amendments throughout its history. The 1949 Constitution, adopted at the creation of the Hungarian People's Republic, was Hungary's first permanent written constitution. It was heavily amended in 1989, and a new constitution was adopted in 2011 to reflect the country's transition to democracy.
