The Fundamental Law of Hungary (2011, as amended 2013) (excerpts related to State of emergency) (English)
THE FUNDAMENTAL LAW OF HUNGARY
(excerpts)
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National referendums
Article 8
(3) No national referendum may be held on:
h) the declaration of a state of war, state of national crisis and state of emergency, and on the
declaration or extension of a state of preventive defence;
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Special legal orders
Common rules for the state of national crisis and the state of emergency
Article 48
(1) Parliament shall:
(a) declare a state of national crisis and establish the National Defence Council in the event of
a state of war or an imminent danger of armed attack by a foreign power (danger of war);
(b) declare a state of emergency in the event of armed acts aimed at the overturning of the
constitutional order or at the exclusive acquisition of power, and of serious mass acts of
violence threatening life and property, committed with arms or in an armed manner.
(2) The declaration of a state of war, the conclusion of peace and the declaration of a state of
special legal order referred to in Paragraph (1) shall require the votes of two-thirds of the
Members of Parliament.
(3) The President of the Republic shall be entitled to declare a state of war and a state of
national crisis, establish the National Defence Council and to declare a state of emergency if
Parliament is prevented from making such decisions.
(4) Parliament shall be considered prevented from making such decisions during
parliamentary recess and if the limited time available or the events which have resulted in the
state of war, state of national crisis or state of emergency create an insurmountable obstacle to
its convening.
(5) The incapacity of Parliament and the justifiability of the declaration of state of war, state
of national crisis or state of emergency shall be unanimously determined by the Speaker of
Parliament, the President of the Constitutional Court and the Prime Minister.
(6) Parliament shall review the justifiability of the declaration of a state of war, state of
national crisis or state of emergency at its first sitting once it is able again to convene, and
shall decide on the legitimacy of the measures adopted. Such decision shall require the votes
of two-thirds of the Members of Parliament.
(7) During a state of national crisis or a state of emergency, Parliament may not undergo
voluntary or mandatory dissolution. During a state of national crisis or a state of emergency,
no general elections may be called or held. In such cases, a new Parliament shall be elected
within ninety days of termination of the state of national crisis or state of emergency. If the
general elections of Members of Parliament have already been held, but the new Government
has not been formed yet, the President of the Republic shall convene the constitutive sitting
within thirty days of termination of the state of national crisis or state of emergency.
(8) Parliament under voluntary or mandatory dissolution may be convened by the National
Defence Council in a state of national crisis, and by the President of the Republic in a state of
emergency.
State of national crisis
Article 49
(1) The President of the National Defence Council shall be the President of the Republic, and
its members shall be the Speaker of Parliament, the leaders of parliamentary groups, the
Prime Minister, Ministers and the Chief of the National Defence Staff with a consultative
right.
(2) The National Defence Council shall exercise the rights:
a) delegated to it by Parliament,
b) of the President of the Republic,
c) of the Government.
(3) The National Defence Council shall decide on:
a) any foreign or domestic deployment of the Hungarian Defence Forces, their participation in
any peacekeeping activity, engagement in humanitarian activities in any foreign operational
area, and their stationing abroad,
b) the deployment of foreign armed forces in Hungary or departing from Hungary, and their
stationing in Hungary,
c) the introduction of any extraordinary measure defined by a cardinal Act.
(4) The National Defence Council may adopt decrees to suspend the application of particular
laws, to deviate from any statutory provision and to adopt any other extraordinary measure.
(5) Any decree of the National Defence Council shall be repealed by termination of the state
of national crisis, unless its effect is extended by Parliament.
State of emergency
Article 50
(1) The Hungarian Defence Forces may be involved in a state of emergency if the use of the
police and national security services is insufficient.
(2) In a state of emergency, the President of the Republic shall decide on the involvement of
the Hungarian Defence Forces under Paragraph (1) in the event of Parliament’s incapacity.
(3) In a state of emergency, the President of the Republic shall pass decrees to adopt any
extraordinary measure as defined by a cardinal Act. The decrees of the President of the
Republic may suspend the application of particular laws, deviate from any statutory provision,
and adopt any further extraordinary measure.
(4) The President of the Republic shall immediately notify the Speaker of Parliament of the
adoption of any extraordinary measure. In a state of emergency, Parliament or, in the event of
its incapacity, Parliament’s National Defence Committee shall hold sittings on a continuous
basis. Parliament or, in the event of its incapacity, Parliament’s National Defence Committee
may suspend the application of any extraordinary measure adopted by the President of the
Republic.
(5) Extraordinary measures introduced by a decree shall remain effective for thirty days,
unless their effect is extended by Parliament or, in the event of its incapacity, Parliament’s
National Defence Committee.
(6) Decrees of the President of the Republic shall be repealed by termination of the state of
emergency.
State of preventive defence
Article 51
(1) In the event of a danger of an external armed attack or in order to perform an obligation
arising from a military alliance, Parliament shall declare a state of preventive defence for a
particular period, and shall simultaneously authorise the Government to adopt extraordinary
measures defined by a cardinal Act. The period of a state of preventive defence may be
extended.
(2) The declaration and extension of a special legal order set out in Paragraph (1) shall require
the votes of two-thirds of the Members of Parliament present.
(3) After proposing the declaration of a state of preventive defence, the Government may pass
decrees to adopt any measure in deviation from the laws regulating the operation of public
administration, the Hungarian Defence Forces and law enforcement agencies, and shall
continuously inform the President of the Republic and the relevant and competent standing
committees of Parliament accordingly. Such measures shall remain in effect until Parliament
decides on the declaration of a state of preventive defence but for no longer than sixty days.
(4) During a state of preventive defence, the Government may adopt decrees to suspend the
application of particular laws, to deviate from any statutory provision and to adopt any further
extraordinary measure as defined by a cardinal Act.
(5) Any government decree shall be repealed by termination of the state of preventive
defence.
Unexpected attacks
Article 52
(1) In the event of any unexpected invasion of the territory of Hungary by external armed
groups, the Government shall be obliged to immediately take action with forces duly prepared
and proportionate to the attack to repel the same, to safeguard the territory of Hungary with
domestic and allied emergency air defence and aviation forces, and to protect law and order,
life and property, public order and public safety, according to an armed defence plan
approved by the President of the Republic as necessary, until it makes a decision on the
declaration of a state of emergency or a state of national crisis.
(2) The Government shall immediately notify Parliament and the President of the Republic of
its action taken according to Paragraph (1).
(3) In the event of any unexpected attack, the Government may adopt decrees to suspend the
application of particular laws and to deviate from any statutory provision, and may adopt any
further extraordinary measure as defined by a cardinal Act.
(4) Any such government decree shall be repealed by termination of the unexpected attack.
State of extreme danger
Article 53
(1) The Government shall declare a state of extreme danger and may adopt any extraordinary
measure defined by a cardinal Act in the event of any natural disaster or industrial accident
endangering life or property, or to mitigate the consequences.
(2) The Government may adopt decrees in a state of extreme danger to suspend the
application of particular laws, to deviate from any statutory provision and to adopt any further
extraordinary measure as defined by a cardinal Act.
(3) The government decree set out in Paragraph (2) shall remain effective for fifteen days,
unless the Government extends the effect of such decree by authority of Parliament.
(4) The government decree shall be repealed by termination of the state of extreme danger.
Common rules for special legal orders
Article 54
(1) In a special legal order, the exercise of fundamental rights may be suspended or restricted
beyond Article I(3), except for the fundamental rights set out in Articles II and III, and Article
XXVIII(2)-(5).
(2) In a special legal order, the application of the Fundamental Law may not be suspended,
and the operation of the Constitutional Court may not be restricted.
(3) Any special legal order shall be terminated by the organ entitled to introduce the special
legal order if the conditions for its declaration no longer exist.
(4) The detailed rules for any special legal order shall be defined by a cardinal Act.
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