National referendum and popular
initiative
Direct and indirect democracy
Article 2 (2) of the Constitution
„In the Republic of Hungary supreme power is vested in
the people, who exercise their sovereign rights
directly and through elected representatives.”
DECISION 2/1993. (I. 22.) AB
„In the constitutional public order of the Republic of Hungary the
prime form of the sovereign rights is the representation. National
referendum can decide about the issue incumbent in the
competence of Parliament only within the frames of the
Constitution and the constitutionally issued acts
What can be the subject of
referendum?
Article 28/B. (1) of the Constitution
„The subject of national referenda (…) may fall
under the jurisdiction of the Parliament.”
DECISION 53/2001. (XI. 29.) AB
the legislatorial competence of the Parliament
guaranteed in the Constitution is complete
and open in the direction of the Government
and the Members of the Government
What can’t be the subject of
referendum?
Act III of 1998
on National Referendum and Popular
Initiative Article 13 (1)
The concrete question to be put to the referendum shall
be composed in a way which shall facilitate the
unambiguous answer of every citizen.
What can’t be the subject of
referendum?
DECISION 52/2001. (XI. 29.) AB
• The question have to be unambiguous and have
to bear an interpretation in one way only
• May not be held on two, closely not connected
subquestions
• On the basis of the result the Parliament can
decide, what kind of legislatorial obligation it
burdens
What can’t be the subject of
referendum?
Article 28/C. (5) of the Constitution
National referendum may not be held on the
following subjects:
a) on the state budget, national taxes and
duties, customs tariffs, and on the central
conditions for local taxes,
DECISION 51/2001. (XI. 29.) AB
What can’t be the subject of
referendum?
Constitution Article 28/C. (5)
„National referendum may not be held on the following
subjects:
b) obligations set forth in valid international treaties
and on the contents of laws prescribing such
obligations,”
DECISION 58/2004. (XII. 14.) AB
The Constitution establishes plebiscitary prohibition on
the international treaties already ratified,promulgated
and valid.
What can’t be the subject of
referendum?
Constitution Article 28/C. (5)
„National referendum may not be held on the following
subjects:
c) the provisions of the Constitution on national
referenda and popular initiatives,”
DECISION 25/1999. (VII. 7.) AB
There is no referendum initiated by the citizens in the
matter about the amendment of the Constitution.
What can’t be the subject of
referendum?
Constitution Article 28/C. (5)
„d) personnel and restructuring (reorganization, termination)
matters falling under Parliamentary jurisdiction,
e) dissolution of the Parliament,
f) the Government's program,
g) declaration of a state of war, a state of emergency or a state of
national crisis,
h) use of the Armed Forces abroad or within the country,
i) dissolution of the representative body of local governments,
j) amnesty.”
The types of the referendum
Article 28/C. (1) of the Constitution
„A national referendum may be held for reaching a
decision or for the expression of an opinion. Carrying
out a national referendum may be mandatory or may
be the result of the consideration of a matter.”
Article 26. (6) of the Constitution
Confirmative: „The President of the Republic shall ratify
the law subject to national referendum if such law is
confirmed by the national referendum.”
The types of the referendum
Act III of 1998
on National Referendum and Popular
Initiative Article 8. (3)
The mandatory referendum may be only matterdeciding
At the facultative referendum the Parliament decides
about the binding force
The confirmative referendum is matter-deciding.
The initiative of the referendum
Article 28/C. (2) and (4) of the Constitution
„A national referendum shall be held if so initiated by at least
200,000 voting citizens.”
„Based on its consideration, the Parliament may order a national
referendum upon the initiative by the President of the Republic,
the Government, by one-third of Members of the Parliament or
by 100,000 voting citizens.”
The relation of the initiatives
DECISION 52/1997. X. 19.) AB
The rule of priority
The referendum initiated by the citizens
has priority over the others
This priority is valid from the beginning of
the procedure
The relation of the initiatives
• The question have to be forwareded to the National
Electoral Board for authentication - from this moment
the priority of valid
• Until the procedure ends, referendum can’t be
initiated in an identical matter
• The constitutional complaint against the
authenticating decision of the National Electoral
Board may be handed in to the Constitutional Court
• As well as, against the decision of the Parliament, if
the referendum is mandatory against the rejection,
too
If the initiative successful
The Parliament orders the referendum
The President of the Republic sets the
date of the referendum
The result of the referendum
Article 28/C. (6) of the Constitution
„A national ratification referendum shall be
considered successful if more than half of the
votes of the citizens voting, but at least more
than one-quarter of all eligible voters have
given the same answer in the referendum.”
No threshold of validity
What can be the subject of the
popular initiative?
Article 28/D. of the Constitution
The matter incumbent in the competence
of Parliament
Who can initiate the popular
initiative?
Article 28/D. of the Constitution
At least 50,000 voting citizens
What is the consequence of a
successful popular initiative?
Article 28/D. of the Constitution
„Forcing the Parliament to place a subject
under its jurisdiction on the agenda”
Thank you for your attention!