Act no. XX. of 1949

the constitution of the hungarian republic

(Partial publication)

 

Art. 28/B. (1) The subject of a nation-wide referendum and popular initiative may be an issue falling under the authority of Parliament.

(2) The passing of the act on nation-wide referenda and popular initiative requires a two-thirds vote of the deputies present.

Art. 28/C. (1) Nation-wide referenda may be held for the purpose of making a decision or for the presentation of opinions, the ordering of a referendum shall be obligatory or on the basis of deliberation.

(2) A nation-wide referendum shall be obligatorily held at the initiative of at least 200 000 voters.

(3) If the nation-wide referendum is ordered, the decision brought at a valid referendum shall be obligatory for Parliament.

(4) A nation-wide referendum may be ordered on the basis of arbitration at the initiation of the President of the Republic, the Government, a third of the members of parliament, or 100 000 voters by Parliament.

(5) A nation-wide referendum may not be ordered:

a) on the contents of the acts on the budget, on the execution of the budget, on central tax types and stamp duties, on customs, and on central conditions of local taxes,

b) on obligations arising out of international agreements in force, nor on the contents of the acts containing these obligations,

c) on the statutes of the Constitution regarding referendum and popular initiative,

d) on personnel and organisational modification (transformation, dissolution) issues falling under the authority of Parliament,

e) on the dissolution of Parliament,

f) on the Government programme

g) on the declaration of a state of war, on the declaration of a state of emergency,

h) on the utilisation of armed forces abroad or in the country,

i) on the dissolution of the delegates’ assembly of the local government,

j) on the execution of amnesty.

(6) A nation-wide referendum shall be valid if more than half of the voters casting valid votes, but at least more than a quarter of all voters give an identical answer to the question proposed.

Art. 30/A. (1) The President of the Republic

d) shall call for parliamentary and local governmental general elections, as well as the day of the nation-wide referendum;

g) may initiate a referendum,

Art. 70. (1) Every citizen of legal age living within the Hungarian Republic shall have the right to be eligible for election at parliamentary and local governmental, as well as minority self governmental elections - and providing s/he is present in the country on the day of election or the day of the referendum - to be a voter, and to participate in nation-wide or local referendums and popular initiatives.

(2) In the case of local governmental representatives and mayors the right to vote, and in the case of local referendums and local popular initiatives the right to participate - according to separate law - shall be extended to non-Hungarian citizens residing as immigrants in the Hungarian Republic, if s/he is present in the country on the day of the election or the referendum.

(3) Persons shall not have the right to vote if they are under guardianship limiting capacity or incapacitating guardianship, or in the purview of a judgement at law excluding the practice of public affairs, furthermore those who are imprisoned by legal verdict, or those serving compulsory therapy ordered finally by trial.

 

Chapter XIII

Basic Principles of Elections

 

Art. 71. (1) Members of parliament, as well as the representatives of the local government assembly, furthermore the mayor and the Lord Mayor of the capital shall be elected by the voters on the basis of general and equal suffrage, by direct and secret ballot.

(2) The Chairman of the County Assembly shall be elected by secret ballot by the members of the County Assembly.

(3) The election of members of parliament and that of the members of local assemblies and mayors shall be governed by separate law, the passing which shall require the two-thirds vote of the members of parliament present.