Hungary 2011 Constitution (reviewed 2016)

CLOSING AND MISCELLANEOUS PROVISIONS

1. 1. The Fundamental Law of Hungary shall enter into force on 1 January 2012.
   2. This Fundamental Law shall be adopted by the National Assembly pursuant to Sections 19(3)a) and 24(3) of Act XX of 1949.
   3. The transitional provisions related to the entry into force of the Fundamental Law are contained in Points 8 to 26.
   4. The Government shall be obliged to submit to the National Assembly the legislative proposals required for the implementation of the Fundamental Law.
   5. The decisions of the Constitutional Court taken prior to the entry into force of the Fundamental Law are repealed. This provision shall be without prejudice to the legal effects produced by those decisions.
   6. The 25th day of April shall be Fundamental Law Day to commemorate the promulgation of the Fundamental Law.
   7. The first general election of local government representatives and mayors after the entry into force of the Fundamental Law shall take place in October 2014.
   8. The entry into force of the Fundamental Law shall not affect the legal force of legal regulations adopted, normative decisions and normative orders, and other legal instruments of state control issued, specific decisions taken and international legal commitments undertaken before its entry into force.
   9. The legal successor of the organ exercising the relevant functions and powers under Act XX of 1949 on the Constitution of the Republic of Hungary shall be the organ exercising the relevant functions and powers under the Fundamental Law.
   10. After the entry into force of the Fundamental Law, the name referring to the Republic of Hungary may remain in use as a reference to Hungary in accordance with the legal regulations in force on 31 December 2011, until the transition to the use of the name under the Fundamental Law can be achieved in accordance with the principles of responsible management.
   11. With the exceptions laid down in Points 12 to 18, the entry into force of the Fundamental Law shall not affect the mandate of the National Assembly, the Government and the local representative bodies, as well as of persons appointed or elected before the entry into force of the Fundamental Law.
   12. The following provisions of the Fundamental Law shall also apply to the mandate of the following:
       1. Articles 3 and 4 to the mandate of the National Assembly and Members of the National Assembly in office;
       2. Articles 12 and 13 to the mandate of the President of the Republic in office;
       3. Articles 20 and 21 to the mandate of the Government in office and the Members of the Government in office;
       4. Article 27(3) to the mandate of court secretaries in office;
       5. Article 33(2) to the mandate of the Presidents of the county assemblies; and
       6. Article 35(3) to (6) to the mandate of the local representative bodies and mayors in office.
   13. The calculation of the period referred to in Article 4(3)f) of the Fundamental Law shall start upon the entry into force of the Fundamental Law.

14

1. 1. 1. The legal successor of the Supreme Court, the National Council of Justice and its President shall be the Curia in terms of administering justice, and, with the exception laid down in a cardinal Act, the President of the National Office for the Judiciary in terms of the administration of courts.
      2. The mandate of the President of the Supreme Court and of the President and members of the National Council of Justice shall terminate upon the entry into force of the Fundamental Law.

15

1. 1. 1. With the exception laid down in Paragraph (2), the lowest age requirement laid down in Article 26(2) of the Fundamental Law shall apply to judges appointed on the basis of a call for applications announced after the entry into force of the Fundamental Law.
      2. In the case of appointments for which, as laid down in an Act, no call for applications is required, the lowest age requirement shall apply to judges appointed after the entry into force of the Fundamental Law.
   2. As of the entry into force of the Fundamental Law, the designation for the office of the Parliamentary Commissioner for Citizens’ Rights shall be Commissioner for Fundamental Rights. The legal successor of the Parliamentary Commissioner for Citizens’ Rights, the Parliamentary Commissioner for National and Ethnic Minority Rights and the Parliamentary Commissioner for Future Generations shall be the Commissioner for Fundamental Rights. As of the entry into force of the Fundamental Law, the Parliamentary Commissioner for National and Ethnic Minority Rights in office shall become Deputy of the Commissioner for Fundamental Rights responsible for the protection of the rights of nationalities living in Hungary; as of the entry into force of the Fundamental Law, the Parliamentary Commissioner for Future Generations in office shall become Deputy of the Commissioner for Fundamental Rights responsible for the protection of the interests of future generations; their mandates shall terminate upon the termination of the mandate of the Commissioner for Fundamental Rights.
   3. The mandate of the Commissioner for Data Protection shall terminate upon the entry into force of the Fundamental Law.
   4. For the purposes and as of the entry into force of the Fundamental Law, the designation for the office of the President of the county assembly shall be President of the county representative body. The county representative body pursuant to the Fundamental Law shall be the legal successor of the county assembly.

19

1. 1. 1. With the exceptions laid down in Paragraphs (2) to (5), the provisions of the Fundamental Law shall also apply to cases in progress.
      2. Article 6 of the Fundamental Law shall apply as of the first sitting of the National Assembly to be held following the entry into force of the Fundamental Law.
      3. Proceedings instituted upon applications submitted to the Constitutional Court before the entry into force of the Fundamental Law by applicants who no longer have the right to submit applications under the Fundamental Law shall be terminated and if, as of the entry into force of the Fundamental Law, the proceeding falls within the powers of another organ, the application shall be transferred. In accordance with the conditions laid down in a cardinal Act, the applicant may repeatedly submit the application.
      4. Articles 38(4) and 39(1) of the Fundamental Law shall apply to contracts and subsidy entitlements existing on 1 January 2012, and to proceedings in progress aimed at concluding contracts or granting subsidies if provided for by an Act, and as provided for by that Act.
      5. The third sentence of Section 70/E(3) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 shall, until 31 December 2012, apply to benefits which qualify as pension benefits under the rules in force on 31 December 2011 with respect to any change in their conditions, nature or amount, to their conversion to other benefits or to their termination.
   2. Sections 26(6), 28/D, 28/E, and 31(2) and (3) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 shall apply to cases in progress at the entry into force of the Fundamental Law also after the entry into force of the Fundamental Law.
   3. The participation of the nationalities living in Hungary in the work of the National Assembly as referred to in Article 2(2) of the Fundamental Law shall be ensured for the first time in the work of the National Assembly formed after the first general election of Members of the National Assembly after the entry into force of the Fundamental Law.
   4. The entry into force of the Fundamental Law shall not affect any decision of the National Assembly or the Government taken before that entry into force and under Act XX of 1949 on the Constitution of the Republic of Hungary on the deployment of the Hungarian Defence Forces within Hungary or abroad, on the deployment of foreign armed forces in Hungary or departing from the territory of Hungary as well as on the stationing of the Hungarian Defence Forces abroad and/or of foreign armed forces in Hungary.
   5. In a declared
      1. state of national crisis, the provisions of the Fundamental Law on the state of national crisis,
      2. state of emergency, if it was declared due to armed actions aimed at overthrowing the constitutional order or at exclusively acquiring power, or in the event of serious acts of violence endangering life and property on a massive scale, committed with arms or with objects suitable to be used as arms, the provisions of the Fundamental Law on the state of emergency,
      3. state of emergency, if it was declared due to a natural disaster or industrial accident massively endangering life or property, the provisions of the Fundamental Law on the state of danger,
      4. state of preventive defence, the provisions of the Fundamental Law on the state of preventive defence,
      5. state defined in Section 19/E of Act XX of 1949 on the Constitution of the Republic of Hungary, the provisions of the Fundamental Law on unexpected attack, and
      6. state of danger, the provisions of the Fundamental Law on the state of danger shall apply.

24

1. 1. 1. Anyone prohibited from participating in public affairs under a final sentence at the entry into force of the Fundamental Law shall not have the right to vote and to be voted for while the prohibition is in force.
      2. Anyone under guardianship restricting or excluding his or her capacity to act under a final judgement at the entry into force of the Fundamental Law shall not have the right to vote and to be voted for until such guardianship is terminated or until a court establishes the existence of his or the right to vote and to be voted for.

25

1. 1. Section 12(2) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 shall, until 31 December 2013, apply to the delivery of any local government property to the State or another local government.
   2. Section 44/B(4) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 shall apply until 31 December 2012. After 31 December 2011, an Act, or a government decree based on authorisation by an Act may specify functions and powers of state administration for local government notaries.
   3. Section 22(1) and (3) to (5) of Act XX of 1949 on the Constitution of the Republic of Hungary in force on 31 December 2011 shall apply until the entry into force of the cardinal Act referred to in Article 5(8) of the Fundamental Law. The National Assembly shall adopt the cardinal Act referred to in Articles 5(8) and 7(3) of the Fundamental Law by 30 June 2012.
   4. Until 31 December 2012, a cardinal Act may provide that for the adoption of certain decisions of the National Assembly, qualified majority shall be required.
2. The following shall be repealed:
   1. Act XX of 1949 on the Constitution of the Republic of Hungary,
   2. Act I of 1972 on the amendment to Act XX of 1949 and the consolidated text of the Constitution of the People’s Republic of Hungary,
   3. Act XXXI of 1989 on the amendment to the Constitution,
   4. Act XVI of 1990 on the amendment to the Constitution of the Republic of Hungary,
   5. Act XXIX of 1990 on the amendment to the Constitution of the Republic of Hungary,
   6. Act XL of 1990 on the amendment to the Constitution of the Republic of Hungary,
   7. the Amendment to the Constitution dated 25 May 2010,
   8. the Amendment to the Constitution dated 5 July 2010,
   9. the Amendments to the Constitution dated 6 July 2010,
   10. the Amendments to the Constitution dated 11 August 2010,
   11. Act CXIII of 2010 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary,
   12. Act CXIX of 2010 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary,
   13. Act CLXIII of 2010 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary,
   14. Act LXI of 2011 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary required for the adoption of certain temporary provisions related to the Fundamental Law,
   15. Act CXLVI of 2011 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary, and
   16. Act CLIX of 2011 on the amendment to Act XX of 1949 on the Constitution of the Republic of Hungary.