The National Assembly has passed the Act on Referendums. The motion was submitted back in June 2011 by Minister of Public Administration and Justice Tibor Navracsics, however, discussion on the matter was put on hold for over two years following the general debate, as in order for the process to continue the Act on Electoral Procedure had to be adopted. The Referendum Act will enter into force on the day when the date for the 2014 parliamentary elections is set.

The main rules of referendums are contained in the Fundamental Law. The National Assembly will order a national referendum to be held if petitioned by at least two hundred thousand constituents, or it may be ordered if initiated by the President of the Republic, the government or at least one hundred thousand constituents. The constitution also regulates that the subject of national referendums — with earlier restrictions still in force — must be issues that fall under the jurisdiction and competence of the Parliament. The referendum shall be considered valid if more than half — approximately four million persons eligible to vote — of all constituents have submitted valid votes, and it shall be considered successful if more than half of all constituents submitting valid votes have given identical responses to the questions phrased.

Pursuant to the statute just passed, which also contains cardinal provisions, if the referendum generates legislative obligations, the Parliament shall create the law in line with the decision of the successful referendum within 180 days. The decisions made by way of referendums shall be binding on the National Assembly for a period of three years from the day of the referendum or the promulgation of the Act concerned.

Constituent initiatives aimed at holding national referendums may be organised by private individuals, parties and associations with eligible rights to vote. Prior to campaigning for signatures, the question proposed for referendum shall be submitted to the National Election Committee (NVB) for authentication.

In the future, it will be possible to eliminate unserious referendum initiatives as the Parliament has stipulated that the petition must also be supported by twenty constituents; the maximum number of signatures allowed to be submitted, however, has been set at thirty, which pre-empts the mass collection of signatures prior to authentication.

The questions proposed for referendum must be phrased in a manner that allows for a clear, unambiguous answer; and which also allows for the National Assembly to decide whether legislative obligations apply. The question shall not contain any indecent or otherwise shocking terms or phrases. The NVB shall decide on the authentication of the question or the rejection thereof within thirty days of submission.

Campaigning for signatures at places of work, on means of public transport, at state and local government offices, health care and educational institutions shall be prohibited, as shall promising any benefits for the provision of signatures.

Signatures shall be submitted to the election committee for verification within 120 days of authentication.

The Act also details rules of procedure and legal remedy, as well as the option of submitting votes by way of letters or at foreign representations. Local referendums may be ordered by the representative body in matters within its jurisdiction, except in matters related to the budget, closing accounts, local taxes and staff related and organisational matters. Referendums may be initiated, in addition to at least a quarter of representative body members, by the number of constituents set out in the local government decree (at least ten per cent, but no more than twenty five per cent).

The rules of initiating local referendums are set out by the Act using the example of national initiatives, therefore, the task of the prior authentication of the question shall be assigned to the local election committee instead of the notary, and the signatures collected shall be submitted to the local election committee instead of the mayor.

(Ministry of Public Administration and Justice)