| Act XX of 1949 | Fundamental Law of Hungary |
| The Constitution of the Republic of Hungary | (25 April 2011) |
| Article 2. | Article B. |
| (2) In the Republic of Hungary supreme | (3) The source of public power shall be the |
| power is vested in the people, who exercise | people. |
| their sovereign rights directly and through | (4) The power shall be exercised by the |
| elected representatives. | people through elected representatives or, |
| in exceptional cases, directly. | |
| Article 26. | |
| (6) The President of the Republic shall ratify | |
| the law subject to national referendum | |
| if such law is confirmed by the national | |
| referendum. | |
| Article 28/B. | [See Article 8(2).] |
| (1) The subject of national referenda or | |
| popular initiatives may fall under the | |
| jurisdiction of the Parliament. | |
| (2) A majority of two-thirds of the votes of | |
| the Members of Parliament present shall | |
| be required for the Parliament to pass the | |
| law on national referenda and popular | |
| initiatives. | |
| Article 28/C. | Article 8 |
| (1) A national referendum may be held for | (1) Parliament shall order a national |
| reaching a decision or for an expression | referendum at the initiative of at least |
| of opinion. Carrying out a national | two hundred thousand voters. Parliament |
| referendum may be mandatory or may be | may order a national referendum at the |
| the result of the consideration of a matter. | initiative of the President of the Republic, |
| (2) A national referendum shall be held if | the Government or one hundred thousand |
| so initiated by at least 200,000 voting | voters. The decision made by a valid and |
| citizens. | conclusive referendum shall be binding on |
| (3) If a national referendum is mandatory, | Parliament. |
| the result of the successfully held national | (2) National referendums may be held |
| referendum shall be binding for the | about any matter within the tasks and |
| Parliament. | competences of Parliament. |
| (4) Based on its consideration, the Parliament | |
| may order a national referendum upon the | |
| initiative by the President of the Republic, | |
| the Government, by one-third of Members | |
| of the Parliament or by 100,000 voting | |
| citizens. | |
| (5) National referendum may not be held on | (3) No national referendum may be held on: |
| the following subjects: | a) any matter aimed at the amendment of |
| a) on laws on the central budget, the | the Fundamental Law; |
| execution of the central budget, taxes | b) the contents of the Acts on the State |
| to the central government and duties, | Budget, the implementation of the |
| customs tariffs, and on the central | State Budget, central taxes, duties, |
| government conditions for local taxes, | contributions, customs duties and the |
| b) obligations set forth in valid international | central conditions for local taxes; |
| treaties and on the contents of laws | c) the contents of the Acts on the elections |
| prescribing such obligations, | of Members of Parliament, local |
| c) the provisions of the Constitution | government representatives and |
| on national referenda and popular | mayors, and Members of the European |
| initiatives, | Parliament; |
| d) personnel and restructuring | d) any obligation arising from international |
| (reorganization, termination) | treaties; |
| matters falling under Parliamentary | e) personal matters and matters concerning |
| jurisdiction, | the establishment of organisations |
| e) dissolution of the Parliament, | within the competence of Parliament; |
| f) the Government's program, | f) the dissolution of Parliament; |
| g) declaration of a state of war, a state of | g) the dissolution of a representative body; |
| emergency or a state of national crisis, | h) the declaration of a state of war, state of |
| h) use of the Armed Forces abroad or | national crisis and state of emergency, |
| within the country, | and on the declaration or extension of a |
| i) dissolution of the representative body of | state of preventive defence; |
| local governments, | i) any matter related to participation in |
| j) amnesty. | military operations; |
| j) the granting of general amnesty. | |
| (6) A national ratification referendum shall | (4) A national referendum shall be valid if |
| be considered successful if more than | more than half of all voters have cast valid |
| half of the votes of the citizens voting are | votes, and it shall be conclusive if more |
| valid, but at least more than one-quarter | than half of those voting validly have |
| of all eligible voters have given the same | given the same answer to the question. |
| answer in the referendum. | |
| Article 28/D. | |
| At least 50,000 voting citizens are required | |
| for a national popular initiative. A national | |
| popular initiative may be for the purpose | |
| of forcing the Parliament to place a subject | |
| under its jurisdiction on the agenda. The | |
| Parliament shall debate the subject defined | |
| by the national popular initiative. | |
| Article 28/E. | |
| In order to call a national referendum, | |
| signatures may be collected for a period of | |
| four months in the case of a civic initiative, | |
| and for a period of two months in the case of | |
| a national popular initiative. | |
| Article 30/A. | Article 9. |
| (1) The President of the Republic shall - | (3) The President of the Republic: [...] |
| d) announce general parliamentary and | d) may initiate national referendums; |
| local government elections, mayoral | e) shall set a date for the general |
| elections as well as the dates of the | elections of Members of Parliament, |
| European parliamentary elections and | local government representatives |
| national referenda; | and mayors, and of Members of the |
| g) have the right to initiate national | European Parliament, and for national |
| referenda; [...] | referendums; [...] |
| Article 44. | Article 31. |
| (1) Eligible voters exercise the right to local | (2) A local referendum may be held on any |
| government through the representative | matter within the responsibilities and |
| body that they elect and by way of local | competences of local governments as |
| referendum. | defined by law. |
| Article 70. | Article XXIII. |
| (1) All adult Hungarian citizens residing in | (7) Everyone having the right to vote in |
| the territory of the Republic of Hungary | elections of Members of Parliament shall |
| have the right to be elected and the right to | have the right to participate in national |
| vote in Parliamentary elections; they have | referendums. Everyone having the right |
| the right, furthermore, to participate in | to vote in elections of local government |
| national referenda and popular initiatives. | representatives and mayors shall have the |
| (2) All adult Hungarian citizens residing in | right to participate in local referendums. |
| the territory of the Republic of Hungary | |
| and all adult citizens of other Member | |
| States of the European Union who reside | |
| in the territory of the Republic of Hungary | |
| shall have the right to be elected in local | |
| ballots for the election of representatives | |
| and mayors; they shall have the right | |
| to vote, provided that they are in the | |
| territory of the Republic of Hungary on | |
| the day of the election or referendum, | |
| and, furthermore, to participate in local | |
| referenda and popular initiatives. [...] | |
| (3) All adult persons holding refugee, | |
| immigrant or permanent resident status | |
| in the Republic of Hungary shall have | |
| the right to vote in local ballots for the | |
| election of representatives and mayors, | |
| provided that they are in the territory of | |
| the Republic of Hungary on the day of the | |
| election or referendum, and furthermore | |
| to participate in local referenda or popular | |
| initiatives. |
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JEGYZETEK
[1] Last effective version of Act XX of 1949, the Constitution of the Republic of Hungary and the first effective version of the Basic Law of Hungary (25 April 2011) as entered into force on 1 January 2012. Both current official translations are available on the website of the Hungarian Parliament: www.parlament.hu/angol/act_xx_of_1949.pdf and www.parlament.hu/angol/the_fundamental_law_of_hungary_consolidated_interim.pdf (accessed 18 October 2013); the Basic Law of Hungary is denominated as "The Fundamental Law of Hungary".
Visszaugrás
