Constitution of the Republic of Hungary (1949, as amended 1997) (excerpts related to Freedom of Association) (English)

CONSTITUTION OF THE REPUBLIC OF HUNGARY, Act XX of 1949, as amended (unofficial translation, excerpts)

Chapter I. General Provisions

(…)

Article 2

(1) The Republic of Hungary is an independent, democratic constitutional state.

(2) In the Republic of Hungary supreme power is vested in the people, who exercise their sovereign rights directly and through elected representatives.

(3) No activity of any social organization, government body, or individual citizen may be directed at the forcible acquisition or exercise of public power, or at the exclusive possession of such power. Everyone has the right and obligation to resist such activities in such ways as permitted by law.

Article 3

(1) In the Republic of Hungary political parties may be established and may function freely, provided they respect the Constitution and laws established in accordance with the Constitution.

(2) Political parties shall participate in the development and expression of the popular will.

(3) Political parties may not exercise public power directly. Accordingly, no single party may exercise exclusive control of a government body. In the interest of ensuring the separation of political parties and public power, the law shall determine those functions and public offices which may not be held by party members or officers.

Article 4

Labor unions and other representative bodies shall protect and represent the interests of employees, members of co-operatives and entrepreneurs. (…)

Article 7

(1) The legal system of the Republic of Hungary accepts the generally recognized principles of international law, and shall harmonize the country's domestic law with the obligations assumed under international law.

(2) Legislative procedures shall be regulated by law, for the passage of which a majority of two-thirds of the votes of the Members of Parliament present is required.

Article 8

(1) The Republic of Hungary recognizes inviolable and inalienable fundamental human rights. The respect and protection of these rights is a primary obligation of the State.

(2) In the Republic of Hungary regulations pertaining to fundamental rights and duties are determined by law; such law, however, may not restrict the basic meaning and contents of fundamental rights. (…)

(4) During a state of national crisis, state of emergency or state of danger, the exercise of fundamental rights may be suspended or restricted, with the exception of the fundamental rights specified in Articles 54. - 56., Paragraphs (2) - (4) of Article 57., Article 60., Articles 66. - 69. and Article 70/E.

(…)

Article 12

(1) The State shall support co-operatives based on voluntary association and shall recognize the autonomy of such co-operatives.

(2) The State shall respect the property of local governments.

(…)

Chapter VII. The Government

Article 36

In the course of fulfilling its responsibilities, the Government shall co-operate with the relevant social organizations. (…)

Chapter XI.  The Office of the Public Prosecutor

Article 51

(1) The General Prosecutor and the Office of the Public Prosecutor of the Republic of Hungary ensure the protection of the rights of the citizens, maintain constitutional order and shall prosecute to the full extent of the law any act which violates or endangers the security and independence of the country.

(2) The Office of the Public Prosecutor shall exercise rights specified by law in connection with investigations, shall represent the prosecution in court proceedings, and shall be responsible for the supervision of the legality of penal measures.

(3) The Office of the Public Prosecutor shall help to ensure that all social organizations, government bodies and citizens comply with the law. When the law is violated, the Office of the Public Prosecutor shall act to uphold the law in the cases and manner specified by law.

(…)

Chapter XII. Fundamental Rights and Duties

Article 60

(1) In the Republic of Hungary everyone has the right to freedom of thought, freedom of conscience and freedom of religion.

(2) This right shall include the free choice or acceptance of a religion or belief, and the freedom to publicly or privately express or decline to express, exercise and teach such religions and beliefs by way of religious actions, rites or in any other way, either individually or in a group.

(3) The church and the State shall operate in separation in the Republic of Hungary.

(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the freedom of belief and religion.

Article 61

(1) In the Republic of Hungary everyone has the right to freely express his opinion, and furthermore to access and distribute information of public interest.

(2) The Republic of Hungary recognizes and respects the freedom of the press.

(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the public access to information of public interest and the law on the freedom of the press.

(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the supervision of public radio, television and the public news agency, as well as the appointment of the directors thereof, on the licensing of commercial radio and television, and on the prevention of monopolies in the media sector.

Article 62

(1) The Republic of Hungary recognizes the right to peaceful assembly and shall ensure the free exercise thereof.

(2) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right of assembly.

Article 63

(1) On the basis of the right of assembly, everyone in the Republic of Hungary has the right to establish organizations whose goals are not prohibited by law and to join such organizations.

(2) The establishment of armed organizations with political objectives shall not be permitted on the basis of the right of assembly.

(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right of assembly and the financial management and operation of political parties.

Article 64

In the Republic of Hungary everyone has the right to present, individually or together with others, written petitions or complaints to the relevant public authority.

(…)

Article 68

(1) The national and ethnic minorities living in the Republic of Hungary participate in the sovereign power of the people: they represent a constituent part of the State.

(2) The Republic of Hungary shall provide for the protection of national and ethnic minorities and ensure their collective participation in public affairs, the fostering of their cultures, the use of their native languages, education in their native languages and the use of names in their native languages.

(…)

Article 70

(…)

(4) All Hungarian citizens have the right to participate in public affairs, and furthermore to hold public office in accordance with their suitability, education and professional ability.

(…)

Article 70C

(1) Everyone has the right to establish or join organizations together with others with the objective of protecting his economic or social interests.

(2) The right to strike may be exercised within the framework of the law regulating such right.

(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right to strike.

(…)

Article 70K

Claims arising from infringement on fundamental rights, and objections to the decisions of public authorities regarding the fulfillment of duties may be brought before a court of law.

(…)

Chapter XV. Final Provisions

Article 77

(1) This Constitution is the supreme law of the Republic of Hungary.

(2) This Constitution and laws and statutes established in accordance with this Constitution are equally binding for all social organizations, government bodies and citizens of the country.

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