Malcolm Rivera
Hungary's current constitution, The Fundamental Law of Hungary, was signed by President Pál Schmitt on 25 April 2011 and came into force on 1 January 2012. This was the country's first constitution adopted within a democratic framework and following free elections. It succeeded the 1949 Constitution, which was originally adopted on 20 August 1949 and established the Hungarian People's Republic.
| Characteristics | Values |
|---|---|
| Date | 25 April 2011 |
| Signed by | President Pál Schmitt |
| Came into force | 1 January 2012 |
| Adopted by | Parliament |
| Adopted on | 18 April 2011 |
| Succeeded | 1949 Constitution |
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What You'll Learn
The Fundamental Law of Hungary
The constitution has been the subject of controversy, with critics arguing that it was adopted without sufficient input from the opposition and society at large, and that it reflects the ideology of the ruling Fidesz party. There have also been concerns raised about potential limitations on "fundamental human rights" and the independence of the court. In addition, the constitution's emphasis on Christian and nationalistic values has led to concerns from human rights organizations about the risk of discrimination.
In April 2025, the Hungarian government passed a controversial constitutional amendment that was criticized by campaigners and rights groups as a crackdown on human rights and dissent. The amendment included a ban on LGBTQ+ gatherings, the recognition of only two sexes, and the ability for the government to temporarily suspend Hungarian citizenship for dual nationals deemed to pose a threat to public order or security. These changes were backed by Prime Minister Viktor Orbán and his right-wing populist party, Fidesz.
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The 1949 Constitution
The Hungarian Constitution of 1949, also known as Act XX of 1949 or the Constitution of the People's Republic of Hungary, was signed into law on 20 August 1949. This document served as Hungary's first permanent written constitution and was heavily influenced by the 1936 Soviet Constitution. It established the Hungarian People's Republic and enshrined the leading role of the Hungarian Working People's Party, which had assumed control of the country.
The economic policies outlined in the 1949 Constitution reflected a socialist model, with the state owning the bulk of the means of production and commercial transactions being directed by the government. The constitution also included provisions for the recognition and protection of property acquired by work. Additionally, it outlined the responsibilities of the Ministries of the Hungarian People's Republic, including implementing laws and decrees, carrying out plans for the people's economy, and solving questions that fell within its legal authority.
While the 1949 Constitution underwent significant amendments in 1989 to transition Hungary from a people's republic to a republic and an independent democratic state, it remained a source of controversy. Critics argued that it restricted the powers of the Constitutional Court and failed to sufficiently protect fundamental human rights. The constitution was eventually replaced in 2011 when Hungary adopted a new constitution to break with its communist past and embrace a democratic framework.
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The 2011 Constitution
The 2011 Hungarian Constitution, also known as the Fundamental Law of Hungary, was adopted by parliament on 18 April 2011, promulgated by the president a week later, and entered into force on 1 January 2012. It replaced the 1949 Constitution, which was heavily amended in 1989, and was Hungary's first permanent written constitution. The 2011 Constitution has been the subject of controversy, with critics claiming that it was adopted without sufficient input from the opposition and society at large, and that it reflects the ideology of the ruling Fidesz party.
The Constitution commits to promoting and safeguarding Hungary's heritage, language, and culture, as well as the languages and cultures of nationalities living in Hungary. It also emphasises the importance of the family and the nation as the principal framework of coexistence, with fundamental values of fidelity, faith, and love. The Constitution outlines the coat of arms, national flag, and national anthem of Hungary, and includes a commitment to protecting the living conditions of future generations through prudent use of resources.
One of the most notable aspects of the 2011 Constitution is its impact on the powers of the Constitutional Court. The Constitution limits the Court's jurisdiction by narrowing its power to review laws pertaining to the budget. It also annuls rulings made by the Court before the 2011 Constitution went into force, while allowing their legal effects to remain. The Constitutional Court is given the power to review the constitution itself on procedural grounds, but it cannot annul a law passed by a two-thirds parliamentary majority.
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President Pál Schmitt's signature
The Fundamental Law of Hungary, or the country's constitution, was signed into law by President Pál Schmitt on 25 April 2011. Schmitt's signature came a week after the parliament's approval of the constitution on 18 April 2011. The constitution then entered into force on 1 January 2012, halfway through Hungary's six-month presidency of the Council of the European Union.
The signing of the constitution was a significant event in Hungary's history, marking the country's first constitution adopted within a democratic framework and following free elections. It replaced the 1949 Constitution, which was heavily amended in 1989 but still retained elements of Hungary's communist past. The 2011 constitution was described as socially and fiscally conservative, initiating changes such as restricting the powers of the Constitutional Court on budget and tax matters, allowing the president to dissolve parliament if a budget is not approved, and protecting the life of a fetus from the moment of conception.
President Pál Schmitt played a crucial role in the adoption of the new constitution. As a member of the ruling Fidesz party, he signalled a positive relationship with the government and sought an active role in the political process, including the drafting of the constitution. Schmitt's support for the constitution was evident, as he stated his intention to get along with the prime minister and other government leaders. However, the constitution was not without controversy. Critics claimed that it was adopted without sufficient input from the opposition and society at large, reflecting the ideology of the ruling Fidesz party.
Schmitt's signature on the constitution was a pivotal moment in his political career. He had previously served as an ambassador during the 1990s and held various political positions, including Vice-President of the European Parliament and Speaker of the National Assembly of Hungary, before being elected President of Hungary in 2010. Unfortunately, Schmitt's presidency was cut short due to an academic misconduct controversy surrounding his 1992 doctoral dissertation, leading to his resignation in 2012, the same year the new constitution took effect.
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The constitution's controversial aspects
The current Hungarian constitution, adopted in 2011, has been the subject of controversy both domestically and internationally. The document, which succeeded the 1949 Constitution, has been criticised for its lack of transparency and flexibility, and its potential impact on human rights and democracy in the country.
One of the most significant points of contention is the constitution's potential restriction of fundamental human rights. Critics argue that it was adopted without sufficient input from opposition parties or wider society, and that it primarily reflects the ideology of the ruling Fidesz party. The constitution has been described as socially and fiscally conservative, with its emphasis on Christian and nationalistic values. This has raised concerns from human rights organisations about the potential for discrimination and the curtailment of freedoms. For example, the constitution's recognition of only two sexes has been interpreted as a denial of gender identities.
The constitution also grants the President the power to dissolve Parliament if a budget is not approved, and it restricts the powers of the Constitutional Court on budget and tax matters until the public debt falls below 50% of gross domestic product. In addition, it lowers the mandatory retirement age for judges, which has been criticised as age discrimination by the EU Court of Justice.
Internationally, concerns have been raised by neighbouring Slovakia, which has a significant Hungarian minority. Slovak political parties have expressed worry about clauses that grant certain rights to ethnic Hungarians abroad, such as dual citizenship and the right to vote. There are fears that these moves could have nationalist objectives and infringe on Slovak sovereignty.
The constitution has also faced criticism from the European Union, the Council of Europe, and the United States. These bodies have highlighted issues such as the interference with the independence of the judiciary, limitations on freedom of expression and the media, and the potential negative impact on human rights. Rights groups have also spoken out, describing the constitution as a means of "legislating fear" and a step towards consolidating the government's grip on power.
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Frequently asked questions
The current Hungarian constitution was signed in Budapest, Hungary.
The current Hungarian constitution was signed on 25 April 2011.
The current Hungarian constitution was signed by President Pál Schmitt.
The current Hungarian constitution is called the Fundamental Law of Hungary.
