What is the Basic Law?
The Constitution is the basic law of the state, the highest level of legal norm that contains the most important rules related to the structure and operation of the state. The Constitution is the highest level norm in Hungary, so it is not possible to enact legislation that is contrary to its content. The Basic Law is the basis of Hungary's legal system. The Basic Law and legislation are binding on everyone. The provisions of the Basic Law must be interpreted in accordance with their purpose, the National Creed contained therein and the achievements of our historical constitution.
When was the Basic Law adopted?
On April 18, 2011, the Parliament passed the new Basic Law of Hungary, which was solemnly signed by President Pál Schmitt on Easter April 25, 2011. The new standard text entered into force on 1 January 2012. The text of the norms, repealed by the new Basic Law, was adopted by the National Assembly on 18 August 1949 in its original form on the basis of the 1936 Soviet Constitution. This was the XX. Act No. Although the Constitution was amended several times between 1949 and 1989, and fundamental, radical amendments were made in 1989, until January 2012, the XX of 1949. Act No. 1 was the Constitution of Hungary.
Why was a new Basic Law needed?
With the adoption of the new constitution, Hungary also symbolically closed the past, as Hungary was the last country in the former communist region to replace its Soviet-style constitution. The new constitution opened a new chapter in the country’s history. The basic law, dated 1949, is now being replaced by a constitution written by Hungary itself, committed to national and European values.
On the other hand, the new text of the norms creates the constitutional guarantees necessary for economic renewal, reduction and restraint of public debt. The aim of the new Hungarian constitution is therefore not primarily to change the system of public law, but to bring about economic and intellectual renewal after twenty years of searching for the way behind us.
What does the Basic Law provide for?
The Constitution defines the most important segments of the Hungarian socio-political-economic system. The text of the norm consists of five parts, in the following order: Preamble (National Creed), Basic (state form, territorial structure, symbols, holidays, European integration, Hungarians living abroad and nationalities living in Hungary), Freedom and responsibility (constitutional fundamental rights), state (see constitutional system), Special legal order (emergencies).
The Basic Law begins with the National Creed, which fixes Hungary's place in Western civilization and recalls the spiritual values and historical facts that are outstanding in the history of our country. The constitution denies the statute of limitations against crimes against humanity committed against the Hungarian nation and its citizens under the rule of the National Socialist and Communist dictatorships. The preamble suggests that Hungary's freedom today can be traced back to our 1956 revolution. He emphasized the importance of the struggle for freedom and independence.
With the adoption of the new constitution, Hungary reaffirms its commitment to the values of the rule of law and democracy, preserves the traditions of Hungarian parliamentarism within the framework of the republican state form, and maintains the proven institutions of the current state organization. At the same time, compared to its previous regulations, the examination of the constitutionality of laws, the so-called preliminary norm control, expands. During the ex-post norm control, the Constitutional Court will also have the opportunity to review specific court judgments on fundamental rights. The constitution guarantees the independent and unaffected administration of justice in accordance with the rule of law. A single and efficient ombudsman office will be set up to protect the rights of nationalities. In the process of adopting the budget, the Budget Council will have a veto in order to keep public debt under control.
The Constitution expresses Hungary's commitment to the common constitutional values and traditions of the European Union, enshrines the individual and community rights of the country's citizens, regardless of nationality, and defines fundamental freedoms in the spirit of the EU Charter of Fundamental Rights. The new constitution sets out not only fundamental rights but also obligations. He expresses that the main common values are: family, order, home, work and health. The Constitution emphasizes the importance of protecting families and human life.
Both in its preamble and in the text of the norm, the new constitution states that the nationalities living in Hungary are part of the Hungarian political community and state-forming factors.
The new constitution states that Hungarians living outside the border are a full part of the nation.
Thanks to the public debt brake, future generations have been given constitutional protection, no generation can live up to its next future. Although the right to vote for children has not been enshrined in the constitution in accordance with the will of the people, there is a strong recognition of parenting, parental responsibilities and the principle of joint burden-sharing for families with children.
The constitution contains a new, prominent chapter on public finances.
The Basic Law will be joined by a number of pivotal laws that will regulate each area in detail. Such as. laws on local government, election of members of parliament, protection of families, state property, prudent state management and budgetary responsibility. The pivotal laws will be passed by Parliament in 2012.
Who can amend the Basic Law and how?
A proposal for the adoption of a Basic Law or an amendment to the Basic Law may be submitted by the President of the Republic, the Government, a parliamentary committee or a Member of Parliament. The adoption of the Basic Law or the amendment of the Basic Law requires the vote of two-thirds of the members of Parliament. The Basic Law or an amendment to the Basic Law shall be signed by the Speaker of the National Assembly and sent to the President of the Republic. The President of the Republic shall sign the Basic Law or an amendment to the Basic Law within five days of its receipt and order its publication in the Official Gazette.
We quote from the Basic Law
WE, THE MEMBERS OF THE HUNGARIAN NATION, at the beginning of the new millennium, with responsibility for all Hungarians, declare the following:
We are proud that our King St. Stephen put the Hungarian state on a solid footing a thousand years ago and made our country a part of Christian Europe.
We are proud of our ancestors who are fighting for the survival, freedom and independence of our country.
We are proud of the great intellectual creations of the Hungarian people.
We are proud that our people have defended Europe in struggles for centuries and enriched their common values with their talent and diligence.
We recognize the nation-preserving role of Christianity. We appreciate the different religious traditions of our country.
We promise to preserve the spiritual and spiritual unity of our nation, torn apart by the storms of the last century. We declare that the nationalities living with us are part of the Hungarian political community and state-forming factors.
We undertake to nurture and preserve our heritage, our unique language, the Hungarian culture, the language and culture of the Hungarian nationalities, the natural and man-made values of the Carpathian Basin. We have a responsibility to our descendants, so we protect the living conditions of future generations through the careful use of our material, intellectual and natural resources.
We believe that our national culture is a rich contribution to the diversity of European unity.
We respect the freedom and culture of other peoples, we strive for cooperation with all nations of the world.
We believe that the basis of human existence is human dignity.
We believe that individual freedom can only unfold in cooperation with others.
We believe that the most important framework of our coexistence is the family and the nation, the basic values of our togetherness are loyalty, faith and love.
We believe that the strength of community and the honor of all people is based on work, the performance of the human spirit.
We have a duty to help the fallen and the poor.
We believe that the common goal of the citizen and the state is the completion of the good life, security, order, justice and freedom.
We believe that popular rule is only where the state serves its citizens, conducting their affairs fairly, without abuse and bias.
We respect the achievements of our historical constitution and the Holy Crown, which embodies the constitutional continuity of Hungary and the unity of the nation.
We believe that protecting our self-identity, rooted in our historic constitution, is a fundamental duty of the state.
We do not recognize the suspension of our historic constitution due to foreign occupation. We deny the statute of limitations for the inhuman crimes committed against the Hungarian nation and its citizens under the rule of the National Socialist and Communist dictatorships.
We do not recognize the communist constitution of 1949 because it was the basis of a tyrannical rule, so we declare it invalid.
We agree with the representatives of the first free Parliament, who stated in their first resolution that our freedom today emerged from our 1956 revolution.
The restoration of the lost state self-determination of Hungary on March 19, 1944 is expected from the second of May 1990, the formation of the first freely elected people's representation. We consider this day to be the beginning of the new democracy and constitutional order of our country.
We believe that after decades of moral turmoil in the twentieth century, we are in dire need of spiritual and spiritual renewal.
We look forward to a jointly shaped future, to the commitment of the younger generations. We believe that our children and grandchildren will make Hungary great again with their talent, perseverance and spirit.
Our basic law is the basis of our legal system, an alliance between the Hungarians of the past, present and future. A living framework that expresses the will of the nation, the form in which we want to live.
We, the citizens of Hungary, are ready to base the order of our country on the cooperation of the nation.
Let's be proud to be Hungarians! We have the most wonderful Hungary in the world!
👉And now with 3 summary articles we show what we have achieved in the last 10 years!
Developments: this is how Hungary has been built since 2010! That's not all, but it's a lot.
We have something to be proud of! The government’s greatest achievements in the last 10 years. Wage increases, tax cuts, family support, etc.
10 years of civil governance (2010-2020)