Bálint ABlonczy l conversAtions on the FundAmentAl Law oF hungAry Bálint Ablonczy c o n v e r s A tions on the Fundamental law o F h u n g A r y interviews with József szájer, hungarian member of european Parliament, and gergely gulyás, member of Parliament in hungary elektromédia 2012 Bálint Ablonczy: conversations on the Fundamental law of hungary ©2011, elektromédia Kft. revision of Ablonczy Bálint: Az Alkotmány nyomában – Beszélgetések szájer Józseffel és gulyás gergellyel (2011) Published by: elektromédia Kft. Publisher in charge: director of the publishing house Book manager: zita demeter consultant: dániel rémai edited by: Krisztina gyarmati Photos: szabolcs Barakonyi Photo of st stephen statue (page 160): ágnes Bakos and Bence tihanyi translated by: zsolt Kozma Proofreader: nick robertson, gusztáv Kosztolányi design and layout: imagine creative consulting, Karina leitner and zoltán tézli Printing house: Pannónia-Print isBn 978-963-88240-5-9 contents Foreword by the speaker of the hungarian Parliament 6 Preface: About the Birth of a constitution 10 1. the birth of the Fundamental law 15 2. the national Avowal 35 3. the Foundation 65 4. the enduring legacy of the historical constitution 89 5. Freedom and responsibility 93 6. the impact of economic Factors 115 7. on the rights of hungarians living beyond the country’s Borders and the right to vote 121 8. nationalities living with us 129 9. A Fundamental law for the 21 st century 133 10. on the state 137 11. on the state of emergency and the situation of local Authorities 159 in Place of an Afterword 164 Appendix: the Fundamental law of hungary and Preambles 1949–2011 167 foreword Foreword By the Speaker oF the hungAriAn PArliAment In 2011, for the first time in Hungar- ensure the constitutional functioning ian history, a democratically elected of the country was as essential a part Parliament adopted the country’s con- of that compromise as was the pro- stitution. The Fundamental Law was visional nature of the amended con- adopted by the Parliament elected in stitution, since all opposition forces 2010, but prior to that, irrespective of considered democracy inconceivable whether parties of the centre-right without a constitution adopted by a or the Socialists were in power, every parliament enjoying democratic legit- mainstream political party since the imacy. After the transition, each suc- collapse of Communism has agreed cessive government (including every that it was necessary to draw up a new Conservative and Socialist Prime constitution. Minister) set itself the objective of The constitution amended at the drawing up a new constitution. This time of the transition also stipulated remains true even if now that same the adoption of a new constitution, as objective is being called into question was clear from the 1989 amendment to by those who formerly considered it the text of the constitution adopted in a significant element of their pro- 1949 by the Parliament of the one-par- gramme but failed to attain it whilst ty Communist dictatorship, following in government. For the coalition of a Stalinist template. The amendments Fidesz and the Christian Democratic to the latter were adopted by the People’s Party, the adoption of the last Communist Parliament having new Constitution also means that we reached agreement on their substance have remained consistent in pursuing with the opposition organisations of the objectives that we set for ourselves the time. In order to be able to pro- prior to the restoration of democracy, ceed to democratic elections, putting fighting against the Communist dic- in place the minimum needed to tatorship. Hungary is the only country 6 in the post-Communist part of Eu- certain values in common, or on Hun- rope where the constitution in force gary’s truly belonging to Europe. The until 2011 was not one adopted by a Fundamental Law explicitly refers to democratically elected parliament. the fact that Hungary shares European For every country possesing a writ- values by stipulating that “In order to ten constitution, there is far more to enhance the liberty, prosperity and se- this supreme law than its preeminent curity of European nations, Hungary status in the hierarchy of laws. The shall contribute to the creation of Eu- message conveyed by the content of a ropean unity.” In times of crisis, it is constitution also possesses a symbolic especially important to be aware that dimension. In the 1949 constitution, Europe cannot prosper without proud the fundamental constitutional rights nations that cultivate their traditions, were set out in Chapter II, after the preserve their identity, and respect one regulations on state organisation. The another. Hungary is also proud of its very fact that the fundamental rights – thousand years of statehood, its role in inspired by and in line with the Char- the defence of Europe, and its culture, ter of Fundamental Rights – are placed as well as the fact that after the blind at the beginning of the Fundamental alley of Communist dictatorship, we Law conveys the same message as did have become members of the Euro- the declaration of the inviolability of pean community of our own volition. human dignity in the first section of All the implacable hostility, divided- the 1949 German Fundamental Law. ness, and irreconcilable differences The fact that the fundamental rights that have characterised the Hungarian are dealt with before the state or- mindset and the political elite for the ganisation articulates unrelenting op- past two decades, and which, unfortu- position to any dictatorship, and the nately, have also typified the political espousal of freedom. The Hungarian reception given to the drafting of the Fundamental Law already states in Hungarian Constitution in Europe, do its preamble that “human existence not exist in Hungarian society, in the is based on human dignity.” The new everyday world of voters today. Hun- Hungarian Constitution is both Hun- garian people do not want to fight for garian and European at the same time. ideologies, but to live their everyday We believe that those who perceive a lives in peace and justice. There is no discrepancy between the two are ei- such thing as right-wing or left-wing ther casting doubt on the notion of unemployment; there is no Socialist the various nations of Europe having or Conservative debt, and there is no 7 Liberal or Christian Democrat child to account for why Hungary’s Funda- poverty. There are only people doing mental Law became the subject of po- their best to cope with the same hard- litical debates in Europe, with very few ships and problems, who nurture simi- people having the information at their lar desires, goals, and hopes, and expect disposal to arrive at an informed opin- the political parties and communities ion. What we have witnessed today is with which they feel the closest affinity that conclusions reached on the basis to make their lives better. The essence of erroneous statements take on a life of democracy is that various answers of their own, and verdicts are passed can be given to these questions, and a without full knowledge of the relevant constitution only sets out the broadest facts– not only about the constitution framework within which our basic ob- or other laws, but also about Hungary jectives can be interpreted. itself. By reacting in this way, it is pos- When in August 2011 Germa- sible to create a virtual reality that is ny’s Chancellor Angela Merkel and fundamentally false and damaging to France’s President Nicolas Sarkozy the basic values of democracy, which put forward a joint proposal that the can be used in political skirmishes and Member States of the European Un- is conducive to scaremongering, but for ion include a debt ceiling in their re- those who are familiar with actual re- spective constitutions, beyond express- ality, it discredits the institutions that ing our approval, we could say with have availed themselves of it for such pride that this had been included in purposes. The conversations between the Hungarian Constitution adopted Bálint Ablonczy, a renowned Hun- four months previously. We also rec- garian journalist, József Szájer, Mem- ognised, and a few years earlier had ber of the European Parliament from experienced firsthand, that if no con- Fidesz , and Gergely Gulyás, the Vice- stitutional constraints were placed on President of the Hungarian Parlia- economic policy in a democracy, then ment’s Committee on Human Rights, governments would fall prey to the Minority, Civil and Religious Affairs, temptation of plunging their countries will provide useful reading matter into debt, not considering it too high a for everyone who, regardless of their price to pay in exchange for winning an party preferences, still believe com- election. In today’s Europe, we can see mon sense to be the core organising very clearly the almost unmanageable principle in politics. I hope that this consequences of this detrimental proc- book will contribute to the realisation ess. Perhaps this issue alone suffices that morally, spiritually and legally, the 8 new Fundamental Law represents the firmly convinced that the new Funda- broadest possible framework, reflecting mental Law will prove to be a bastion the widest attainable consensus for a of the constitutional state, democracy, national community that has been part and sustainable development, and as of Europe for a thousand years. There- such, it will contribute to the richness fore, despite the political disputes that of the constitutional tradition the na- have arisen since its adoption, I am tions of Europe have in common. László Kövér, Speaker of the Hungarian Parliament Preface ABout the Birth oF A constitution How does Hungary’s new Funda- mental Law – adopted on April 18, 2011 and in force as of January 1, 2012 – change the powers vested in the Con- stitutional Court? What values does the document embody and why? Have the rules on abortion really been tightened? Probably we are not entirely wrong in saying that in normal circumstances, We have seen and heard a great number these questions would hardly have at- of such opinions recently.