‘God bless the Hungarians!’ – Hungary’s new Constitution, which was adopted today by the Hungarian Parliament, begins with the first line of the National Anthem. More than twenty years after the political transition of 1989/90, our country has discarded its current fundamental law, which was based on the Soviet model and had been adopted as a temporary legislative framework. This past is being symbolically left behind with adoption of the new Constitution.

The new Fundamental Law, which comes into force on 1 January 2012, can – beyond regulation of the system of public law – serve the country’s economic renewal with the aid of its new, highlighted section on public funds. Parliament held its final vote today on the new Fundamental Law. Among the members of Parliament present, 262 voted ‘yes’, 44 ‘no’, and one person abstained (78 members did not vote).

The adoption of the new Constitution can be described as a significant moment in history, because Hungary is paying off a long-standing debt. Last among the former communist countries in the region, our country is replacing a fundamental law based on the Soviet model. The 1949 Constitution, adopted as a temporary legislative framework, has at last been replaced by a constitution which Hungary has written itself, expressing the country’s commitment to national and European values.

Our country has symbolically left the past behind it and opened a new chapter in the country’s history. The new Fundamental Law creates the necessary constitutional guarantees for economic renewal, the reduction of state debt and its future restraint. The aim of the new Constitution is not primarily to amend the system of public law, but to initiate economic and intellectual renewal after a twenty-year period in which the country has attempted to gain its bearings.

The new Fundamental Law expresses Hungary’s commitment to the common constitutional values and traditions of the European Union, it specifies the individual and collective rights of the country’s citizens (whatever nationality they may belong to) and determines fundamental rights in the spirit of the Charter of Fundamental Rights of the European Union. By adopting the new Constitution, Hungary is reinforcing its commitment to being a state under the rule of law and to democratic values, it is preserving the traditions of Hungarian parliamentarianism within the framework of a republican form of statehood, it is maintaining the present tried and tested institutions of state, and it is giving proper emphasis to fundamental rights and freedoms.

The new Hungarian Constitution is drawing the necessary conclusions from the mistakes of the last twenty years in the operation of a state under the rule of law and the deficiencies in regulations for the protection of public funds. As known, the process of creating a new constitution was accompanied by a national consultation, in which the citizens of Hungary had the opportunity to express their opinions on certain questions being debated, and Parliament accepted the opinion of the majority regarding the final text. During the National Consultation approximately 920,000 questionnaires were returned. In line with the will of the majority of citizens, the new Constitution not only lays down fundamental rights but also fundamental obligations. It expresses major common values: family, order, home, work and health.

Thanks to the control of state debt, future generations have constitutional protection, and no generation will be allowed to squander the future of following generations. Based on the will of the people, the Constitution does not give additional voting rights to families with children, but it highlights the commitment to bring up children, and it contains parents’ obligations and the principle that the degree to which families with children contribute to community burdens should reflect the costs involved in bringing up children.

In line with the opinion of the majority of people, the new Constitution states that Hungarians living beyond its borders should be fully seen as a part of the Hungarian nation. The new Constitution also differs from the existing one in respect of its structure. It is composed of five parts, in the following order: Preamble (National Confession), Foundation (the form of government, territorial structure, symbols and holidays, European integration, Hungarians beyond the borders, nationalities living in Hungary), Freedom and Responsibility (constitutional fundamental rights), The State (cf. the constitutional system), Special Legal Order (extraordinary situations).

The control of state debt and the protection of public funds

The new Constitution contains a major new chapter on public funds, which states that Parliament may only adopt a central budget which does not result in an increase in the level of state debt; moreover, it is expected to reduce it.

The clear regulation of public funds aims at preventing the country from becoming indebted again, as happened in the second half of the 1980s, and in the past eight years of socialist government. This is necessary, as in the past eight years the country has been plunged into extreme debt, with state debt rising from 53 per cent in 2002 to over 80 per cent in 2010 (over HUF 20 thousand billion). This is an enormous burden for the Hungarian economy, reduces the country’s competitiveness, and has a major impact on the state budget. The country is devoting almost all of its energy into paying back its debt and concomitant interest.

As is well known, one of the main goals of the Hungarian government is the country’s economic renewal, and for this, continuous reduction of public debt is needed. In addition to the reorganisation of state operation (structural reforms), the new Constitution also includes significant guarantees to realise this goal. Following the new Constitution therefore, central budgets to be adopted later must guarantee that the debt ratio does not exceed 50 per cent of the gross domestic product of the previous year. The Budgetary Council will be able to veto any central budget threatening these targets. Furthermore, only such organisations may receive funding or contracted payments from the central budget in which there is transparency of ownership structure, organisation, and of the activities for which funding is to be used. This is again an expectation of society, as expressed in the National Consultation.

The constitutional system

The democratic institutions of Hungary will not change in essence, or will change only to a limited extent. The structure of parliamentary democracy will remain the same. Compared to the existing Constitution’s regulations, the possibility of preliminary constitutional review will be widened. Henceforth, not only the Head of State, but Parliament can also initiate a constitutional review before an Act comes into force. In the course of the subsequent constitutional review, the Constitutional Court will have the opportunity to review individual court judgements from a fundamental rights point of view. According to the standards of a state under the rule of law, the new Constitution will guarantee the independent and uninfluenced operation of the justice system. There will be a single and efficient Ombudsman’s Office, which will also be in charge of protecting the rights of nationalities. In the process of adopting the Budget, in order to rein in public debt, the Budgetary Council will have the right of veto.

National confession

The Constitution starts with the National Confession, which confirms Hungary’s place in Western Civilisation and evokes the spiritual values and historical events which are outstanding in Hungary’s history. The chapter commemorates the role of Christianity in Hungarian history, and the Holy Crown, which embodies the continuity of Hungarian statehood. It states that nationalities are part of the Hungarian political community and constituents of the State, and it undertakes the protection of their languages and cultures.

It declares that no statutory limitation applies to the crimes against humanity committed against the Hungarian nation and its citizens under the National Socialist and Communist dictatorships. It also declares that the basis of human life is human dignity and codifies the obligation to help the vulnerable and the poor. The Preamble refers to the 1956 Revolution as the starting point for the present liberty of Hungary. It highlights the importance of the struggle for freedom and independence.

Fundamental rights

The Constitution defines citizens’ rights according to the Charter of Fundamental Rights of the European Union; it therefore declares the inviolability of human dignity, the right to freedom, security of the person and the protection of private property. Through separate measures, the Constitution protects children, mothers, young people, the elderly and those living with disabilities. The draft also states that marriage is possible only between a man and a woman. However, people of the same sex are entitled to registered partnerships, which are provided for in the existing Hungarian legal system. The draft Fundamental Law makes it clear that it is not enough for the State to act in the interest of equal opportunity, but its task is to create equal opportunity.

Protecting families and life

The Constitution highlights the significance of the protection of families and human life. The governing parties agreed earlier to guarantee that they will only adopt a constitution which does not result in the amendment of the 1992 Act on the Protection of foetal life. By declaring protection of the life of the foetus, the new Constitution is confirming the accepted practice of the Constitutional Court over the course of the last two decades, and contrary to all the news the new Constitution will not amend the present regulation of abortion.

Rights of nationalities

The new Constitution declares both in its Preamble and Articles that nationalities living in Hungary are seen as part of the Hungarian political community and constituents of the State. The State is committed to promoting and protecting the languages and cultures of nationalities. It makes it clear that every Hungarian citizen belonging to any nationality has the right to declare and preserve their identity. The new Constitution protects the Hungarian language; at the same time, nationalities have the right to use their mother tongue, to use their own names in their mother tongue individually or collectively, to maintain their culture and to receive education in their mother tongue. It also guarantees nationalities’ right to establish local and national self-governments. In addition, it generally guarantees the fundamental individual and collective rights of people.

Hungarians living beyond the borders

The new Constitution, similar to the existing one, states that Hungary takes responsibility for the fate of Hungarians living beyond its borders; it promotes the preservation and development of their communities, the assertion of individual and collective rights, the establishment of their communal governments and their welfare in the land of their birth. The Constitution will not decide on the question of voting rights for Hungarian citizens not living in Hungary: this will be decided on by an amendment of the Act on Electoral Procedure. At the same time, governing party politicians have made it clear that they wish to follow the most widespread European practice on this question, according to which voting rights of some form should be given to those with citizenship.

Cardinal Acts

Associated with the Fundamental Law will be a number of cardinal Acts, which will regulate the respective areas in detail. For instance, the laws on local governments, parliamentary elections, protection of families, state assets, economically efficient state operation and the Fiscal Responsibility Act. The cardinal Acts are to be debated in Parliament this year.

(kormany.hu)