A l a p í t v á n y SZÁZADVÉG FOUNDATION FOCUSING on HUNGARY 2014/2 February You are reading the monthly bulletin of Századvég Foundation, Focusing on Hungary. Political background Through this monthly bulletin Századvég aims to contribute to a deeper understanding of Hungarian political and economic processes. Economy We are dedicated to providing reliable and accurate information on various issues relating to Hungarian politics and economics: this information may be used in everyday or strategic decisions of current and future investors, foreign political or economic decision makers, analysts, academics, diplomats or media correspondents. Focus on the Family the government’s efforts to strengthen Hungarian families The second Orbán government’s policies on families – Bringing the system of support for families into line with diagnosis of the problem – Family-work-life balance – Home ownership protection, household expenses Sectoral policy The new Hungarian electoral system, Part II: The Act on electoral procedure Public opinion poll Hungarians welcome newly introduced family tax benefits and an increased eligibility period for Child Care Home Allowance More on Századvég editor: Gábor G. Fodor, political director for comments and suggestions please contact: Dr. Orsolya Pacsay Tomassich, director of foreign policy at bulletin@szazadveg.hu Századvég School of Politics Foundation 1037 Budapest, Hidegkuti Nándor utca 8–10. Hungary 1 SZÁZADVÉG FOUNDATION Focusing on Hungary Political background Focus on the Family At the heart of the second Orbán government’s efforts have been the strengthening of Hungarian families and improvement of their situation. The Fundamental Law identifies the family as the basis for continuity of the nation and declares state support for families and the commitment to raise children. At legislative level, Act CCXI of 2011 details the framework regulations for the support of families, and the state’s role in encouraging the commitment to start and build families. It declares, for example, that the support of families will always be a factor in planning the central budget, and that the state shall enact measures to reconcile the needs of work and family. The foundation of the second Orbán government’s policy on the family is recognition of the costs of having and raising children. In addition to the clear symbolic stance, the Government hopes for reinforcement of the middle class and prolonged, stable and secure maintenance of economic growth through the simulation of domestic consumption. (1) This accounts for the strengthening of legislative protection for the family. (2) This also accounts for the development of the pillars for a new system of redistribution which deals with the strengthening of families as a high priority. Among the changes that have taken place in the family support system, the following measures should be highlighted: Family Tax Allowance Long-term unfavourable demographic trends and a declining number of children have made ββit necessary for increased state involvement in population policy, an emblematic element of which in the second Orbán government has become expansion of the family tax allowances system. This reflects the universal approach of the state in recognizing the additional costs to all parents of raising children, while linking benefit to income that is legal and taxable. Family Allowance The aim of the Government in further restructuring the family allowance system and attaching conditions to payment has been in part to assert the obligation on parents of ensuring their children’s school attendance. The restructuring can also be seen as a measure seeking to establish more lifestyle stability. 2 SZÁZADVÉG FOUNDATION Focusing on Hungary Child Home Care Allowance The previous government reduced the period for which Child Home Care Allowance was payable from three years to two. The present government has once again increased this period to three years, and at the same time has introduced a limit of 30 hours work per week for the eligible parent, thus explicitly encouraging part-time employment. Child Care Fee Extra Child Care Fee Extra is a complex of measures to combat the abovementioned unfavourable demographic trends (especially delaying having children), and the tendency of the family support system to discourage employment. The Child Care Fee Extra benefit package was introduced on 1 January 2014, and it has three components: 1. a fter a child’s first birthday it is now possible for a parent to work full time while claiming Child Home Care Allowance and Child Care Fee 2. child care benefits remain in place after the birth of another child 3. s o-called graduate Child Care Fee, to which parents in full-time tertiary education are entitled for one year Measures encouraging young mothers to enter employment and furthering a healthy balance between family and work While the EU average employment rate among 20 to 64-year-old women is 62%, in Hungary it is only 56%. The difference is primarily in the area of employment ββ of mothers with young children, and in our country the number of working women raising children is less than half that of working women not raising children. The Government seeks to remedy this situation with a package of measures (parttime incentives, expansion of nursery capacity, compulsory preschool attendance from the age of 3, and the various benefits of the Workplace Protection Action Plan). The results are being felt: employment among women is growing again for the first time in 10 years. 3 SZÁZADVÉG FOUNDATION Focusing on Hungary Economy The second Orbán government’s policies on families Background to the low birth rate: in addition to tendencies common to developed countries, specific factors in Hungary are reduced motivation to start families for economic reasons, low fertility rates among unmarried women, and low employment rates among women. Data interpreted with Eurostat statistical methodology reveals that the Hungarian government will spend almost 3.1% of GDP on financial support for families, compared with an average of 2.2% across the 28 Member States of the EU. The reason for this high rate of spending is that Hungary’s demographic trends are uniquely unfavourable, with population in virtually constant decline for more than thirty years. In 2011 the total fertility rate was 1.23, which is the lowest in the EU. In addition to the many factors prevalent in the developed world (e.g. postponing having children, reductions in the number of those marrying and increased divorce rates, or increased intervals between the birth of children), there are also reasons for Hungary’s low birth rate which are peculiar to the country: of those planning to have children, only 40% succeed in doing so (in the Netherlands this figure is 75%). Although from country to country there are variations in the link between the fertility rate and the number of children born outside marriage, in Hungary it is clear that the fertility rate of married women is twice that of unmarried women. For this reason government policy in Hungary is focusing on popularisation of more stable forms of relationship. Moreover, research in Hungary shows that women in the middleincome bracket are least inclined to have children, and that those who are already parents show an above-average reluctance to have more children on financial grounds. International experience shows that fertility indicators are higher in those European countries in which more women are in employment, and in which the state offers targeted support in improving the balance been work and family life. 4 SZÁZADVÉG FOUNDATION Focusing on Hungary Bringing the system of support for families into line with diagnosis of the problem In recognition of the above, the following conclusions need to be reflected in government policy on families: the employment levels of Hungarian women – which are extremely low by international standards – need to be raised, and women need assistance in balancing work and family responsibilities. In addition, special assistance should be provided for middle-class families, because statistically they are the least likely to plan on having children; in this respect financial assistance may be effective, particularly in encouraging families to have additional children. In the last three years the following such measures have been implemented: Legislative changes: …… Provision was included in the Fundamental Law for state support for families and the raising of children, and it also declared marriage and parent-child relationships as the foundation for the family. This is a symbolic action, which does not discriminate against those choosing other forms of partnership. The Constitution nevertheless identifies support for the commitment to raise children as a responsibility of the state. …… The framework rules for support for families and the state’s role in promoting the commitment to have children are formalised in the cardinal Act on the Protection of Families (2011), which can only be amended by a two-thirds majority in Parliament; this symbolises the nature of policy objectives on families which extend across government terms in office. …… In the summer of 2013, violence between cohabitants became a separate offence under the Penal Code, which had been long-awaited by civil society organisations and international organisations. Financial support: …… From January 2014 the family tax allowance system – which had been restructured and extended with effect from 1 January 2011 – was expanded further. Family Tax Allowance is now applicable to statutory contributions as well as to personal 5 SZÁZADVÉG FOUNDATION Focusing on Hungary income tax; this favours lower-income earners, who could not previously take full advantage of the allowance. Thanks to the allowances it is expected that in 2014 around HUF 230–240 billion will remain with families. …… The period for which Child Home Care Allowance may be claimed has also been increased by this government from two to three years. The amount of Child Home Care Allowance is fixed at the same level as the minimum state retirement pension: i.e. currently HUF 28,500 per month. …… As was the case previously, the Child Home Care Allowance is supplemented by other forms of benefit. The most significant of these is the Child Care Fee, which seeks to compensate women in work prior to giving birth for loss of income while on maternity leave. The fee is payable for two years, and its level per day is 70% of the woman’s average daily income over the year prior to claiming it. During the period around childbirth a similar amount of support is available, known as Pregnancy and Confinement Benefit. …… In addition to Child Home Care Allowance and the Child Care Fee, there is a flat rate benefit for women who attend prenatal care sessions on at least four occasions; this amounts to 225% of the minimum state retirement pension. 2013 Child Home Care Allowance (Child Care Fee could not be claimed): HUF 26,650 Family Allowance: HUF 12,200 Salary: HUF 90,000 Total net monthly income: HUF 127,850 2014 Child Care Fee: Family Allowance: Salary: Total net monthly income: HUF 105,000 HUF 12,200 HUF 90,000 HUF 207,200 The above measures aid those who wish to stay at home for an extended period to care for children, but they do nothing to boost chronically low employment levels among women. (In Hungary 36.2% of women with children under 6 are in work, compared with an EU average of 60.3%.) For this reason the Government introduced the Child Care Fee Extra (effective from 1 January 2014): among its provisions are encouragement of work alongside raising children, reduction of restrictions on working when receiving Child Home Care Allowance and Child Care Fee, and a commitment to remove from the system administrative barriers which had previously prevented the claiming of certain combinations of benefit. According to plans, the introduction of the construction will cost HUF 18.5 billion. The changes comprise the following five points: 1. In addition to claiming Child Home Care Allowance and the Child Care Fee, it is possible for a mother to enter employment after her child’s first birthday (Child Care Fee Extra). For the mother of an 18-month child who is entitled to HUF 105,000 in maternity benefit and HUF 12,000 in Family Allowance, and who wants to work for HUF 90,000 a month (for 4 hours a day), her net monthly incomes in 2013 and 2014 would be the following: 6 SZÁZADVÉG FOUNDATION Focusing on Hungary 2013 Child Care Fee on birth of first child: 0 (no entitlement) Pregnancy and Confinement Benefit on birth of second child: HUF 125,000 Family Allowance: HUF 26,600 Total net monthly income: HUF 151,600 2014 Child Care Fee on birth of first child: HUF 105,000 Pregnancy and Confinement Benefit on birth of second child: HUF 125,000 Family Allowance: HUF 26,000 Total net monthly income: HUF 256,600 2. If she has another child, her existing benefits remain; the previous system unjustly made claiming full support conditional on a minimum time gap between the birth of children. The following is an example of the change: 3. G raduate Child Care Fee is being introduced, according to which parents in full-time tertiary-level education are entitled to Child Care Fee for one year. The goal is to incentivise the middle classes to have more children. 4. N ew tax credits are now available to those employing women with three or more young children. Next year the tax holiday on statutory contributions after such employees will be extended from two years to three, and the “félszochós” allowance will be for two years instead of one for women with three or more young children. Thus credits available to employers will increase from HUF 858,000 to HUF 1,374,000. 5. In 2010, the Government restructured Family Allowance (which accounts for about 60% of benefits) as support for the raising and education of children. Family Allowance is a non-means-tested benefit seeking to recognise the costs of raising children in later years, and it is available up until the end of compulsory education or the age of twenty – whichever is the sooner. After the change of government in 2010, Parliament linked access to family support to children’s school attendance. This means that Family Allowance will be suspended if a child misses more than 50 hours of compulsory schooling. Following introduction of this measure there was a dramatic improvement in school attendance rates. Family-work-life balance Increasing employment among women is a government priority, which Parliament has sought to promote through various measures. Principal among these is the Job Protection Action Plan, which uses payroll tax relief to encourage employers to employ or retain women returning from maternity leave, untrained workers and the long-term unemployed. Employment among women is currently at its highest for several years, and by the end of 2012 it stood at 1.8 million in the 15-64 age group. The Government seeks to promote atypical forms of employment, especially part-time employment, through state regulation and incentives. To this end, in 2011 the legislature adopted the Part7 SZÁZADVÉG FOUNDATION Focusing on Hungary time Work Allowance, which encourages part-time employment through reduced payroll taxes. The completely new Labour Code came into force in 2013, which aims to create a fundamentally flexible labour market. It has been made compulsory for an employer to continue to employ a part-time worker with a young child up until that child’s third birthday upon request from the parent. From 2012 parents have been entitled to four days leave per child (instead of the previous two days), and fathers continue to be eligible for this. In terms of protection against dismissal, however, the new Labour Code is less favourable for parents returning to work from parental leave: dismissal notice for such workers will no longer be three years, but only extends until return from parental leave. Within the New Széchenyi Plan, between 2010 and 2014 the Government has allocated HUF 28 billion to creating new nurseries (for children under 3) and to modernising existing facilities. By the end of 2014 around 6,000 new places will have been created in the nursery system. Home ownership protection, household expenses In 2011 the Government introduced its new home creation programme, which has two main elements: a non-repayable grant (a revival of an earlier measure) and a home loan on favourable terms which is denominated in local currency. In addition to the grant – which can only be used to build or buy a newly-built property – in 2012 the Government devoted HUF 119 billion to the grant scheme, mortgage interest relief and support for building societies. Housing problems not only affect young couples, however, but also those families who took out foreign-exchange-linked mortgages in ever larger numbers after support for traditional mortgages started to be reduced in 2004. In order to help families in default or with payment difficulties, the Government has developed several support constructions. These include: moratoria on evictions; exchange-rate caps for such mortgages; the option for the state to purchase a property scheduled for 8 SZÁZADVÉG FOUNDATION Focusing on Hungary In Hungary the problem of utility arrears is one that threatens many households’ access to basic services, such as heating and water. In response, the Government has decided to enact reductions in the cost of these services in a number of rounds. The reductions apply to gas, district heating, electricity and refuse collection. Since 1 January 2014, transaction charges may not be levied on bank cash withdrawals of up to HUF 150,000. repossession and sale, and its lease back to the original mortgagee. A new rescue package for foreign-exchange mortgagees is now under development. Effects In 2012 the total fertility rate rose to 1.34%, which is a welcome improvement, though still extremely low. The number of new marriages reached a low point in 2010, but has since risen slightly. While such family policy measures can achieve their goals over the long term, the mechanisms at play are not easy to observe. Policy on families will influence people’s inclination to have children if they feel its effect, and this effect will be more pronounced for negative developments. A good example of this was the so-called “Bokros Package” in 1995, which cut back on benefits in family policy, making them means-tested. The effect of this was a large fall in the fertility rate among those with secondary and tertiary education qualifications. In the light of this experience, and with the intention of separating family policy from social policy, the Government recognises the costs of having and raising children that all families with children have to bear. 9 SZÁZADVÉG FOUNDATION Focusing on Hungary Sectoral policy The new Hungarian electoral system IV Electoral bodies The new Act on electoral procedure (of 2013) does not contain significant changes either in the system of electoral committees and electoral offices, or in that for review of results and procedure. The task of independent election committees has not changed; the independence of the National Election Committee from the executive has been significantly increased, however. This greater independence from the executive is also apparent in the newly-formed National Election Office. The changes in the appeals system clearly strengthen legal certainty and simplify exercise of the right of appeal. Tasks related to elections are shared by central and local bodies, decision-making boards and administrative organisations. There are two types of election body in Hungary: election committees and election offices. The independence of such bodies has been clearly prescribed by the 2013 Act on electoral procedure. Electoral committees are independent, subject only to the law. Their most important task is ensuring the fairness and legality of elections, confirmation of results and – where necessary – redress of abuses. The various types of committee – at national and local levels – have not changed in essence. The most important change has been in giving more independence to the National Election Committee. Instead of 5 members this now has 7 members, who are no longer nominated by the Minister of the Interior, but the President of Hungary – who occupies a politically neutral position. The Committee’s members are elected by Parliament for terms of nine years, and their body’s independent status is now similar to that of others such as the Constitutional Court and the Curia (Supreme Court). The system of election offices, which carry our administrative tasks, has not changed significantly as a result of the new Act on electoral procedure. The main tasks of election offices remain the preparation and logistical management of elections, information, training, secretarial and technical matters related to elections. An election office works alongside every election committee, except the vote-counting committee and foreign representations. The leaders of election offices are typically notaries, and leading up to elections their staff are local government employees. Prior to the new Act, the body responsible for central administration of elections was the old National Election Office, which operated as a department within the Ministry of Public Administration and Justice, and before that the Ministry of the Interior. The new National Election Office operates as an autonomous public administration 10 SZÁZADVÉG FOUNDATION Focusing on Hungary body, completely independent from the executive. Its director is nominated by the Prime Minister and appointed for a nine-year term by the President of Hungary; strict rules on conflict of interest apply to the post. The review system The new Act has not significantly amended the structure of review procedures. As under the previous system, there are three procedures: complaint, appeal and judicial review. A complaint may be lodged with regard to violation of electoral rules by those affected, or anybody with voting rights. This complaint will be decided on by the relevant election committee at local or national level, depending on the nature of the election. Decisions by election committees may be appealed by the original complainant(s), and appeals are judged by the body which is one level higher than that which made the disputed decision. Within the electoral procedure system it is not possible to make a second appeal or to appeal the decision of the National Election Committee; in such cases the appellant – which can only be the natural or legal person directly affected – must turn to the courts. The latter option is applicable for parliamentary elections, in which case the court of appeal is the Curia (Supreme Court). This change in the appeals system clearly aids consistency in application of the law, and thereby increases legal certainty. For each of the three review processes the complaint or appeal must be lodged (in electronic form, if desired) within three days, and the relevant body must make a decision within three days of receipt of the application. Hungary’s new Fundamental Law of 2011 created the possibility for a so-called “constitutional complaint”, which is an important guarantee in the election process. This allows persons and organizations to contest individual judicial decisions which they think infringe their rights as guaranteed by the Constitution, including those related to elections. 11 SZÁZADVÉG FOUNDATION Focusing on Hungary Public opinion poll Hungarians welcome newly introduced family tax benefits and an extended maternity leave Do you tend to agree or disagree with the introduction of family tax relief? (%) 21 7 Completely disagree Tend to disagree 33 Tend to agree Completely agree 57 Don't know / No response Do you tend to agree or disagree with the eligibility period for Child Care Home Allowance being increased from 2 years to 3 years? (%) 2 5 Completely disagree Tend to disagree 32 Tend to agree Completely agree 61 The survey was conducted through telephone interviews using the CATI method. Sample size: 1000 adult respondents. Sampling error: +/- 3.2%. Date: 2013 october 28-29 12 SZÁZADVÉG FOUNDATION Focusing on Hungary Századvég Foundation Századvég School of Politics Foundation was established in 1993, as an articulation of the spirit of the young generation that actively participated in Hungary’s democratic transition. It began life as a forum for social and economic thinking, publishing first journals and then books aiming to present the values of Hungary’s progression and analyzing Europe’s patterns of development. As an intellectual community, Szazadvég’s founding generation has played an important role in the transformation of our country to a market economy and a democratic state under the rule of law. Our mission is to develop and promote new policy ideas which assist in the creation of public service-shaping agendas, supporting programs for a stronger society and a more dynamic economy. The authority and reliability of our research is our greatest asset. 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