"The head of State of Hungary shall be the President of the Republic, who shall embody the nation’s unity and shall safeguard the democratic operation of state organization." The Constitution thus defines the most important responsibilities of the President of the Republic.
What are the responsibilities of the President of the Republic?
The President of the Republic is the Commander in Chief of the Hungarian Armed Forces. The President represents the Hungarian state, may participate and speak in Parliament and may initiate laws and national referenda. He or she determines the dates for general parliamentary, local council and mayoral elections, elections to the European Parliament and national referenda.
He or she may take decisions in respect of special legislation, convenes the inaugural session of the National Assembly, may dissolve Parliament, and may send any Acts adopted by the National Assembly to the Constitutional Court for examination with regard to their conformity to the Fundamental Law or return such Acts act to the National Assembly for reconsideration. The President shall propose the person of the Prime Minister, the President of the Curia, the Attorney General and the Commissioner for Fundamental Rights; furthermore the President appoints professional judges, the Chairman of the Budget Council and confirms the position of the President of the Hungarian Academy of Sciences.
The President of the Republic recognizes the binding nature of international agreements by authorization of the National Assembly, and appoints and receives the Ambassadors and Envoys. The Presidents appoints ministers, the Governor of the Hungarian National Bank and his deputies, the presidents of independent regulatory institutions and university professors. Furthermore he or she appoints the rectors of universities, and appoints and promotes generals. The President presents state awards, prizes and titles as defined by law, and also provides permission for the wearing of state decorations awarded by foreign countries. He or she may exercise the right to grant special pardons, takes decisions with regard to those issues of territorial administration that fall under his or her authority, and decides on matters relating to the acquisition and termination of citizenship.
Who may become the President of the Republic, and how is the President chosen?
Any Hungarian citizen with the right to vote, and who is at least thirty-five years of age, is eligible to be considered for the post of President of the Republic. According to the Constitution, the President of the Republic is elected for a term of five years, and may be re-elected once. In Hungary, the President is elected indirectly, by Parliament. The President of the Republic must be elected at least thirty days before the official end of the previous President’s term. If the previous President’s term in office ends prematurely, the election of a new President must take place within thirty days of the previous President leaving office.
The election of a new President is announced by the Speaker of Parliament. The election of the President of the Republic shall be preceded by nomination. For a valid candidacy requires written nomination by at least one-fifth of the Members of Parliament. Nominations shall be submitted to the Speaker of Parliament, in written form. Every Member of Parliament may propose one candidate. If a Member of Parliament nominates more than one candidate, all of his or her nominations are deemed invalid.
The President of the Republic elected in the first round of voting shall be the candidate who received a two-thirds majority of the votes of the Members of Parliament. If the first round of voting is inconclusive, a second round shall be held. In the second round of voting, votes may be cast for the two candidates receiving the highest number of votes in the first round. In the event of a tied vote for first place in the first round of voting, votes may be cast for the candidates who have received the highest number of votes. In the event of a tied vote for only second place in the first round of voting, votes may be cast for all candidates who have received the highest and second highest numbers of votes.
The President of the Republic, elected in the second round of voting, shall be the candidate who has received the majority of valid votes, irrespective of the number of voters. If the second round of voting is also inconclusive, a new election shall be held after repeated nomination. The election procedure shall be completed within two consecutive days at most.
The President-elect of the Republic shall take office on expiry of the mandate of the previous President of Republic or, in the event of the premature termination of such a mandate, eight days after the announcement of the result of the election. Before taking office, the President-elect shall swear an oath before Parliament.
What is the legal status of the President of the Republic?
The person of the President of the Republic is inviolable. The office of President shall be incompatible with every other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receiver a fee for any other activity, except for activities that fall under copyright protection. The legal status of the President and his or her remuneration is defined in detail by a cardinal Act.
When does the President’s mandate end?
The President of the Republic’s mandate shall be terminated by the expiry of his or her term in office, upon his or her death, or by his or her inability to perform his or her responsibilities for over ninety days. The Head of State's mandate shall also be terminated if the conditions required for his or her election no longer exist, through the declaration of his or her incompatibility, by resignation, or by being stripped of the office of President.
Parliament shall decide with a two-thirds majority of the votes of members present to establish any condition of the President of the Republic which has prevented the performance of his or her responsibilities for over ninety days or in the absence of the requirements for his or her election, or on the declaration of his or her incompatibility.