| Parliament name (generic / translated) |
Országgyülés / National Assembly |
| Structure of parliament |
Unicameral |
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POLITICAL SYSTEM
|
| Type of political regime |
parliamentary |
| Notes |
The President of the Republic is the Head of State. He/She represents the unity of the nation and monitors the democratic operation of the state (Article 29 of the Constitution). The President is the commander-in-chief of the armed forces. |
| Head of the executive |
Prime Minister |
| Notes |
The government consists of a Prime Minister and other ministers (Article 33 of the Constitution). The Prime Minister, as Head of the executive, designates a minister to act as deputy Prime Minister. |
| Method for appointing the executive |
The Prime Minister is elected by a majority vote of all parliamentarians, based on the recommendation made by the President (Article 33 of the Constitution). The parliament votes on the election of the Prime Minister and the government's programme at the same time. Ministers are appointed and dismissed by the President, based on the recommendation of the Prime Minister. The election of the President by Parliament is preceded by the nomination of a candidate. The written recommendation of no less than 50 parliamentarians is required for such a nomination to be valid. The nomination must be submitted to the Speaker prior to the announcement of the election. |
| Term of office of the executive and coincidence with the term of the legislature |
The parliament elects the President for a term of five years (Article 29A of the Constitution). His or her term does not coincide with the term of the legislature, which is four years. |
| Incompatibility of the functions of member of the executive and member of Parliament |
No |
Members of the parliament can become members of the government and parliamentary state secretaries, but may not be the President or a member of the Constitutional Court, the Ombudsman for civil rights, president, deputy president or auditor of the state audit office, a Judge or prosecutor, an employee of a public administration body, or a professional member of the armed forces, the police or other security organs. |
| Dissolution of Parliament |
Yes |
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The parliament has the right to declare its dissolution prior to the completion of its term (Article 28 of the Constitution). Also, the President has the right to dissolve the parliament, simultaneously with the announcement of new elections. The President has the right to dissolve the parliament if (i) the parliament passes a motion of no confidence in the government on not less than four occasions in a period of twelve months during the course of one term; or (ii) in the event that the mandate of the government ends and a candidate for Prime Minister proposed by the President is not elected by the parliament within a period of 40 days from the day on which the first candidate is nominated. |
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Prior to dissolving the parliament, the President is required to request the opinions of the Prime Minister, the Speaker of the parliament and the floor leaders of the parties represented in the parliament. A new parliament must be elected within a period of three months following the dissolution of the parliament. |
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ACCOUNTABILITY
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| Accountability of Government to Parliament |
Yes |
The government is collectively responsible to the parliament for its operation and is required to furnish regular reports on its work (Article 39 of the Constitution). Members of the government are responsible both to the government and the parliament and provide both with reports on their activities. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
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Any parliamentarian may put a question to the government or to any minister (Article 27 of the Constitution). The answer and debate on the question must be held no earlier than three days and no later than eight days from the date the question was tabled. |
- Government reports to Parliament
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The government's accountability to the parliament is brought into play by regular reports on its activities. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
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The government, via the Prime Minister, may propose that a vote on a motion it has made be considered simultaneously as a vote of confidence. Should the parliament fail to give the government a vote of confidence, the government must resign. |
| Motions of censure and votes of no confidence (sub-report) |
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A motion of no confidence in the Prime Minister may be initiated by a written petition, which includes the nomination for a candidate for the office of Prime Minister (Article 39A of the Constitution). Such a motion is considered a motion of no confidence in the government as well. |
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A motion of no confidence in the Prime Minister is initiated by no less than one fifth of the members of the parliament. Should, on the basis of this motion, the majority of parliamentarians withdraw their confidence, the candidate nominated for Prime Minister is considered elected. The debate and vote on the motion of no confidence must be held no earlier than three days and no later than eight days from the date the motion was tabled. |
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Should the parliament fail to give the government a vote of confidence, the government resigns, and the candidate nominated for Prime Minister is considered elected. Over the past 10 years, The parliament has not tabled any motion of censure. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
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The President may be removed from office upon declaration of a conflict of interest, on the basis of an intentional violation of the Constitution or any other law committed while in office, as well as on the basis of an indictable offence committed in connection with official activities while in office (Article 30A of the Constitution). |
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Should grounds for a conflict of interest involving the President arise during his term of office, any parliamentarian may petition the parliament to decide on a declaration of a conflict of interest. A majority of two thirds of the votes of all parliamentarians is necessary to carry such a resolution. Should the President violate the Constitution or any other law while in office, a motion supported by one fifth of all parliamentarians may propose that impeachment proceedings be initiated against him or her. A majority of two thirds of the votes of parliamentarians is required to initiate impeachment proceedings. From passage of this resolution until the conclusion of the impeachment proceedings, the President may not perform any official duties. The Constitutional Court has jurisdiction in such cases.
If impeachment proceedings are initiated against the President on the basis of an indictable offence committed in connection with official activities while in office, the Constitutional Court also applies the basic provisions for criminal prosecution in its proceedings. The prosecution is represented by a special prosecutor elected from among parliamentarians. In other cases, criminal proceedings against the President may only be initiated subsequent to the end of his term of office. |
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The mandate of the President ends upon the declaration of a conflict of interest. Should the Constitutional Court determine that the law has been violated, it has the authority to remove the President from office. Should the Constitutional Court find the President guilty of an intentional criminal offence, it may remove him or her from office and simultaneously apply any punishment and measures prescribed for such an offence in the penal code. |
- Have these procedures been applied?
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
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| Oversight over the actions of the Government administration |
Yes |
The Prime Minister presides over sessions of the government and ensures the implementation of government decrees and resolutions (Article 37 of the Constitution). The ministers head the branches of public administration falling within their respective portfolios and direct the public authorities they are responsible for in accordance with the law and government resolutions. Ministers without portfolio attend to the responsibilities determined by the government. |
| Means and modalities of oversight |
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Parliament establishes standing committees from among its members and may delegate a committee for the investigation of any issue whatsoever. Everyone is obliged to provide parliamentary committees with the information requested and is obliged to testify before such committees. |
- Committees of inquiry and missions to Government departments
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A committee of inquiry is set up if at least one fifth of parliamentarians support such a motion. Only parliamentarians may be members of a committee of inquiry. The committee makes a report on its activity, in which (i) the task of the committee; (ii) the rules of procedure and methods of inquiry determined by the committee; (iii) the statement of facts the committee has found and of the legal findings it has made; (iv) the presentation of evidence on which its findings are based; (v) the comments of the body or person concerned on the methods and findings of the inquiry; and (vi) a motion on the necessary measures to be taken, if such a proposal thereon has formed part of the committee's tasks, are included. |
- Oral and written questions of parliamentarians
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In order to ask for information, parliamentarians may submit a question to the government in all matters belonging to its competence. The subject matter of the question must be indicated in the form of a title, and reference must be made as to whether the person asking the question requests an oral answer at the sitting or a written one outside the sitting. The addressee of the question should give the answer to the questioner within 15 days.
The person to whom an interpellation or question may be addressed is required to answer the interpellation or question in person, or exceptionally through a deputy. At the time indicated in the orders of the day, at least 90 minutes are provided for interpellations and questions. If the question concerns the operation of the whole government, the Prime Minister answers it, if it concerns several ministers or the person of the minister concerned is in doubt, the Prime Minister appoints the minister to respond. The question must be presented in two minutes, which are also reserved for answering it. The question may not contain new facts that were not contained in the written text of the same. All questions are answered at the sittings of the parliament. Following the answer - also in the case of written answers - the person having put the question has no right of reply, and the parliament may not decide about the acceptance of the answer.
In addition, at the sitting of the parliament, there must be at least 60 minutes guaranteed per week for asking and answering questions directly (question time). On the appointed day for question time, the leader of any party may request - with the indication of the subject matter - that a member designated by him be given an opportunity to ask a question. During question time, the opposition parties may first ask their questions in the order of their numerical strength, whereas in the following rounds, all parties may ask their questions in the same order. There are two minutes each for asking or answering a question. The member and the person to whom the question has been addressed have the right to reply in one minute. |
- Role of Parliament in the appointment of senior Government officials
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Not applicable |
- Activity reports of the Government administration and of public services or establishments
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The state audit office presents a report to the parliament on the auditing activities it has carried out. Also, the president of the national bank presents a report on the bank's activities to the parliament once a year. |
- Representation of Parliament in governing bodies of the Government administration
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The parliament is represented in the governing bodies of public establishments and national enterprises. |
| Existence of an ombudsman |
Yes |
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- Method for appointing the executive
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The parliamentary Ombudsman for civil rights and for the rights of national and ethnic minorities is elected by a majority of two thirds of the votes of the members of the parliament, based on the recommendation of the President. The parliament may also elect special Ombudsmen for the protection of individual constitutional rights. |
- Relationship to Parliament
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The Ombudsman for civil rights is responsible for investigating or initiating the investigation of cases involving the infringement of constitutional rights and initiating general or specific measures for their remedy. The Ombudsman for the rights of national and ethnic minorities is responsible for investigating or initiating the investigation of cases involving the infringement of the rights of national or ethnic minorities and initiating general or specific measures for their remedy. The Ombudsmen present the parliament with an annual report on their activities. |
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BUDGETARY OVERSIGHT
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| Consultation of Parliament in the preparation of the national budget
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No |
Not applicable |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
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The parliament assesses the balance of public finances and approves the state budget (Article 19, paragraph 1d of the Constitution). Amendments can be tabled to the bill on the state budget until 30 November. |
- Reports on the budget / finance act by Committees
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Each committee gives its opinion on the state budget bill. These opinions are summarised and submitted to the parliament by the budget committee. This committee makes a recommendation at the request of the Speaker of the parliament or of the designated committee, and may, at its own initiative, make a recommendation on each bill, proposed resolution, and proposed amendments related thereto which have a significant impact on the budget. The budget committee assesses whether the proposal (i) conforms to the rules relating to the budget; and (ii) can be implemented from the point of view of the budget, and in what manner. |
| Fields overseen |
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The parliament exercises oversight over all public funds. |
- Budget of special departments
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Not applicable |
- Role of Parliament in national development plans
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The parliament defines the country's social and economic policy and decides the government's programme. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
The deadline for the adoption of the finance act by the parliament is 1 January. |
| Consequences of failure by Parliament to adopt the budget / finance act |
In the event of a budgetary deadlock or if the parliament fails to adopt the finance act, the parliament can adopt a temporary finance act, in which it gives an authorisation to the government. |
| Budgetary autonomy of Parliament |
Yes |
The parliament determines its own budget under a separate heading as part of the national budget. The budget plan for the parliament is drawn up, under the guidance of the Speaker, by the financial director general. With the consent of the relevant committee and after hearing the advice of the budget committee, the Speaker puts it at the disposal of the government for the drawing up of the overall state budget bill. |
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OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
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| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
The parliament approves the state budget implementation (Article 19, paragraph 1d of the Constitution). |
| Parliamentary oversight of public companies |
No |
The state audit office audits state-owned enterprises and their activities directed at maintaining or increasing the value of their assets. |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
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The state audit office is the parliamentary body responsible for financial and economic auditing (Article 32 paragraph C of the Constitution). Within its area of authority, the state audit office (i) controls the management of public finances, in the course of which it reviews the fundamental soundness of the proposed state budget, reviews the necessity and expediency of expenditures, and countersigns contracts pertaining to the assumption of credits for the budget; (ii) reviews the legality of proposed state budget expenditures in advance; (iii) audits the final accounts of the implementation of the state budget; (iv) monitors the management of state assets; and (v) attends to other duties assigned to its area of authority by law. |
- Reports of the public auditor's office
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The state audit office carries out its review and oversight activities bearing in mind the aspects of legality, expediency and efficiency. It presents the parliament with a report on the auditing activities it has carried out. Its report is published. The president of the state audit office presents the parliament with the audit report on the final accounts together with the final accounts themselves. |
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The government reports to the parliament every six months on public spending. |
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OVERSIGHT OVER FOREIGN POLICY
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| Foreign Relations Committee (sub-report) |
- Functions of the Committee
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The parliament exercises oversight over foreign policy through the foreign relations committee. |
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Not available |
- Composition of the Committee
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Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
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The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad. |
- Plenary debates on foreign policy issues
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The parliament exercises oversight over foreign policy by organising - rather rarely - plenary debates on foreign policy issues. |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
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Parliamentarians may participate in intergovernmental meetings at the request of the government. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
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The President concludes international treaties, if the subject of the treaty falls within his legislative competence, however prior ratification by the parliament is necessary for such conclusions. More generally, the government participates in the development of foreign policy by concluding international treaties. The parliament can request of the government that a treaty or international instrument be submitted to it for ratification. The ratification of a treaty or international instrument can be necessary or mandatory, depending on its importance. The parliament concludes international treaties of outstanding importance to foreign relations. |
- Other mechanisms for participation in foreign policy by Parliament
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There are no other parliamentary oversight mechanisms in addition to the above. |
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OVERSIGHT OVER NATIONAL DEFENCE POLICY
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| National Defence Committee (sub-report) |
- Functions of the Committee
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Not available |
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Not available |
- Composition of the Committee
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Not available |
| Parliamentary oversight of public arms manufacturing companies |
Not available |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
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The parliament (i) decides on the declaration of a state of war and on the conclusion of peace; (ii) declares a "state of national crisis" and establishes the national defence council, in the case of war, or imminent danger of armed attack by a foreign power (danger of war); and (iii) declares a state of emergency, in the case of armed actions aimed at overturning constitutional order or at the acquisition of exclusive control of public power, in the case of acts of violence committed by force of arms or by armed groups which gravely endanger lives and property on a mass scale, and in the event of natural or industrial disaster (Article 19 of the Constitution). A majority of two thirds of the votes of the members of the parliament is required for such decisions. |
- Role of Parliament in sending troops abroad
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The parliament rules on the use of the armed forces both abroad and within the country, the deployment of foreign armed forces in the country, the participation of the armed forces in peacekeeping missions, humanitarian operations in foreign States, and the stationing of armed forces abroad or of foreign armed forces on national territory. A majority of two thirds of the votes of the members of the parliament in attendance is required for such decisions. |
- Other mechanisms for participation in national defence policy by Parliament
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There are no other parliamentary oversight mechanisms in addition to the above. |
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STATE OF EMERGENCY
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| Circumstances |
The government takes the measures necessary to limit and alleviate the consequences of natural disasters that endanger lives and property (state of danger) and to maintain public order and safety. The parliament (i) decides on the declaration of a state of war and on the conclusion of peace; (ii) declares a "state of national crisis" and establishes the national defence council, in the case of war, or imminent danger of armed attack by a foreign power (danger of war); and (iii) declares a state of emergency, in the case of armed actions aimed at overturning constitutional order or at the acquisition of exclusive control of public power, in the case of acts of violence committed by force of arms or by armed groups which gravely endanger lives and property on a mass scale, and in the event of natural or industrial disaster (Article 19 of the Constitution). A majority of two thirds of the votes of the members of the parliament is required for such decisions. |
| Can parliament take the initiative to declare a state of emergency |
Yes |
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| Consequences of a state of emergency for Parliament |
In a "state of danger", the government, if authorised to do so by the parliament, may issue decrees and pass resolutions that deviate from the provisions of certain laws. A majority of two thirds of the votes of the parliamentarians present is required to pass the law establishing the regulations to be applied in a state of danger. During a "state of national crisis" or a state of emergency, the parliament may neither declare its dissolution nor be dissolved. Should the term of the parliament expire during a "state of national crisis" or a state of emergency, its mandate is extended until the cessation of the "state of national crisis" or state of emergency. |
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VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
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| Modalities of oversight |
- Body ruling on the constitutionality of laws
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A specialised body / constitutional Court |
The Constitutional Court reviews the constitutionality of laws and attends to the duties assigned to its jurisdiction by law (Article 32, paragraph A of the Constitution). The court consists of eleven Judges who are appointed by the parliament. The Judges are nominated by a committee that consists of one member from each political party represented in the parliament. A majority of two thirds of the votes of parliamentarians is required to elect a Judge to the Constitutional Court. |
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The Constitutional Court annuls any laws and other statutes that it finds to be unconstitutional. Procedures for initiating proceedings before the Constitutional Court are specified by law. |
| Evaluation of laws |
Yes |
The Committee on Constitutional and Judicial Affairs makes a recommendation at the request of the Speaker of the parliament or of the designated committee that prepares a bill, and may, on its own initiative, make a recommendation on each bill (i) regarding questions of conformity of the bill with the Constitution or other acts; (ii) regarding whether the bill contains contradictory provisions; and (iii) regarding whether the bill observes the requirements of legal drafting rules and of grammatical correctness. |
| Measures |
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Compare data for parliamentary chambers in the Oversight module
