Bulgaria - Constitution

Bulgaria - Constitution

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{ Adopted on: 12 July 1991 }
{ ICL Document Status: 12 July 1991 }

Preamble


We, the Members of the Seventh Grand National Assembly, guided by our desire to express the will of the people of Bulgaria, by pledging our loyalty to the universal human values of liberty, peace, humanism, equality, justice and tolerance; by elevating as the uppermost principle the rights, dignity and security of the individual; in awareness of our irrevocable duty to guard the national and state integrity of Bulgaria, hereby promulgate our resolve to create a democratic, law-governed and social state, by establishing this Constitution.

Chapter One Fundamental Principles


Article 1 [State]

(1) Bulgaria is a republic with a parliamentary form of government.
(2) The entire power of the state shall derive from the people. The people shall exercise this power directly and through the bodies established by this Constitution.
(3) No part of the people, no political party nor any other organization, state institution, or individual shall usurp the expression of the popular sovereignty.

Article 2 [Territorial Integrity]

(1) The Republic of Bulgaria is an integral state with local self-government. No autonomous territorial formations shall exist.
(2) The territorial integrity of the Republic of Bulgaria is inviolable.

Article 3 [Language]
Bulgarian is the official language of the Republic.

Article 4 [Rule of Law, Human Rights]

(1) The Republic of Bulgaria is a law-governed state. It is governed by the Constitution and the laws of the country.
(2) The Republic of Bulgaria shall guarantee the life, dignity, and rights of the individual and shall create conditions conducive to the free development of the individual and the civil society.

Article 5 [Supreme Law]

(1) The Constitution is the supreme law, and no other law shall contravene it.
(2) The provisions of the Constitution shall apply directly.
(3) No one shall be convicted for action or inaction which at the time it was committed did not constitute a crime.
(4) Any international instruments which have been ratified by the constitutionally established procedure, promulgated, and come into force with respect to the Republic of Bulgaria, shall be considered part of the domestic legislation of the country. They shall supersede any domestic legislation stipulating otherwise.
(5) All legislative acts shall be promulgated and shall come into force three days after the date of their promulgation unless otherwise envisaged by the acts themselves.

Article 6 [Human Dignity, Freedom, Equality]

(1) All persons are born free and equal in dignity and rights.
(2) All citizens shall be equal before the law. There shall be no privileges or restriction of rights on the grounds of race, nationality, ethnic self-identity, sex, origin, religion, education, opinion, political affiliation, personal or social status, or property status.

Article 7 [State Liability]
The state shall be held liable for any damages caused by illegitimate rulings or acts on the part of its agencies and officials.

Article 8 [Three Powers]
The power of the state is divided between a legislative, an executive, and a judicial branch.

Article 9 [Armed Forces]
The armed forces shall guarantee the sovereignty, security, and independence of the county and shall defend its territorial integrity.

Article 10 [Elections, Suffrage]
All elections and national and local referendums shall be held on the basis of universal, equal, and direct suffrage by secret ballot.

Article 11 [Political Parties]

(1) Politics in the Republic of Bulgaria shall be founded on the principle of political plurality.
(2) No political party or ideology shall be proclaimed or affirmed as a party or ideology of the state.
(3) All parties shall facilitate the formation and expression of the citizens' political will. The procedure applying to the formation and dissolution of political parties and the conditions pertaining to their activity is established by law.
(4) There shall be no political parties on ethnic, racial, or religious lines, nor parties which seek the violent usurpation of state power.

Article 12 [Citizens' Associations]

(1) The associations of citizens shall serve to meet and safeguard their interests.
(2) Citizens' associations, including the trade unions, shall not pursue any political objectives, nor shall they engage in any political activity which is in the domain of the political parties.

Article 13 [Religion]

(1) The practicing of any religion is free.
(2) The religious institutions shall be separate from the state.
(3) Eastern Orthodox Christianity is considered the traditional religion in the Republic of Bulgaria.
(4) Religious institutions and communities and religious beliefs shall not be used to political ends.

Article 14 [Family]
The family, motherhood, and childhood shall enjoy the protection of the state and society.

Article 15 [Nature]
The Republic of Bulgaria shall ensure the protection and reproduction of the environment, the conservation of living nature in all its variety, and the sensible utilization of the country's natural and other resources.

Article 16 [Labor]
Labor is guaranteed and protected by law.

Article 17 [Property]

(1) The right to property and inheritance shall guaranteed and protected by law.
(2) Property is private and public.
(3) Private property is inviolable.
(4) The regime applying to the different units of state and municipal property is established by law.
(5) Forcible expropriation of property in the name of state and municipal needs shall be effected only by virtue of a law, provided that these needs cannot be otherwise met, and after fair compensation has been ensured in advance.

Article 18 [State Property]

(1) The state shall enjoy exclusive ownership rights over the nethers of the earth; the coastal beaches; the national thoroughfares, as well as over waters, forests, and parks of national importance, and the natural and archaeological reserves established by law.
(2) The state shall exercise sovereign rights in prospecting developing, utilizing, protecting, and managing the continental shelf and the exclusive off-shore economic zone, and the biological, mineral, and energy resources therein.
(3) The state shall exercise sovereign rights with respect to radio frequencies and the geostationary orbital positions assigned by international instruments to the Republic of Bulgaria.
(4) A state monopoly is establishable by law over railway transport, the national postal and telecommunication networks, the use of nuclear energy, the manufacturing of radioactive products, armaments, explosives, and powerful toxic substances.
(5) The conditions and procedure by which the state shall grant concessions over units of property and licenses for the activities enumerated in the preceding two paragraphs shall be established by law.
(6) The state shall utilize and manage all the state's assets to the benefit of citizens and society.

Article 19 [Economic Activity]

(1) The economy of the Republic of Bulgaria shall be based on free economic initiative.
(2) The state shall establish and guarantee equal legal conditions for economic activity to all citizens and corporate entities by preventing any abuse of a monopoly status and unfair competition and by protecting the consumer.
(3) All investments and economic activity by Bulgarian and foreign persons and corporate entities shall enjoy the protection of the law.
(4) The law shall establish conditions favorable to the setting up of cooperatives and other forms of association of citizens and corporate entities in the pursuit of economic and social prosperity.

Article 20 [Balanced Development]
The state shall establish conditions favorable to the balanced development of the different regions of the country and shall assist the territorial bodies and activities through its fiscal, credit, and investment policies.

Article 21 [Land]

(1) Land, as a chief national asset, shall enjoy particular protection on the part of the state and society.
(2) Arable land shall be used for agricultural purposes only. Any change in purposes shall be allowed only in exceptional circumstances, when necessity has been proven, and on terms and by a procedure established by law.

Article 22 [Foreigners Clause]

(1) No foreign physical person or foreign legal entity shall acquire ownership over land, except through legal inheritance. Ownership thus acquired shall be duly transferred.
(2) A foreign physical person or foreign legal entity is free to acquire user rights, building rights, and other real rights on terms established by law.

Article 23 [Education, Culture]
The state shall establish conditions favorable to the free development of science, education, and the arts, and shall assist that development. It shall organize the conservation of all national monuments of history and culture.

Article 24 [Foreign Policy]

(1) The Republic of Bulgaria shall conduct its foreign policy in accordance with the principles and norms of international law.
(2) The foreign policy of the Republic of Bulgaria shall have as its uppermost objective the national security and independence of the country, the well-being and the fundamental rights and freedoms of the Bulgarian citizens, and the promotion of a just international order.

Chapter Two Fundamental Rights and Obligations of Citizens


Article 25 [Citizenship]

(1) A Bulgarian citizen is anyone born of at least one parent holding a Bulgarian citizenship, or born on the territory of the Republic of Bulgaria, should he not be entitled to any other citizenship by virtue of origin. Bulgarian citizenship shall further be acquirable through naturalization.
(2) A person of Bulgarian origin shall acquire Bulgarian citizenship through a facilitated procedure.
(3) No one shall be deprived of a Bulgarian citizenship acquired by birth.
(4) No citizen of the Republic of Bulgaria shall be expatriated or extradited to another state.
(5) Any Bulgarian citizen abroad shall be accorded the protection of the Republic of Bulgaria.
(6) The conditions and procedure for the acquiring, preservation, or loss of Bulgarian citizenship shall be established by law.

Article 26 [Constitutional Rights]

(1) Irrespective of where they are, all citizens of the Republic of Bulgaria shall be vested with all rights and obligations proceeding from this Constitution.
(2) Foreigners residing in the Republic of Bulgaria shall be vested with all rights and obligations proceeding from this Constitution, except those rights and obligations for which a Bulgarian citizenship is required by this Constitution or by another law.

Article 27 [Extradition, Asylum]

(1) Foreigners residing legally in the country shall not be expelled or extradited to another state against their will, except in accordance with the provisions and the procedures established by law.
(2) The Republic of Bulgaria shall grant asylum to foreigners persecuted for their opinions or activity in the defence of internationally recognized rights and freedoms.
(3) The conditions and procedure for the granting of asylum shall be established by law.

Article 28 [Life]
Everyone shall have the right to life. Any attack upon a human
life shall be punished as a most severe crime.

Article 29 [Torture]

(1) No one shall be subjected to torture or to cruel, inhuman, or degrading treatment, or to forcible assimilation.
(2) No one shall be subjected to medical, scientific, or other experimentation without his voluntary written consent.

Article 30 [Personal Freedom and Integrity, Defence]

(1) Everyone is entitled to personal freedom and inviolability.
(2) No one shall be detained or subjected to inspection, search or any other infringement of his personal inviolability except on the conditions and in a manner established by law.
(3) The state authorities shall be free to detain a citizen only in the urgent circumstances expressly stipulated by law, and shall immediately advise the judicial authorities accordingly. The judicial authorities shall rule on the legality of a detention within the next 24 hours.
(4) Everyone is entitled to legal counsel from the moment of detention or from the moment of being charged.
(5) Everyone is entitled to meet his legal counsel in private. The confidentiality of such communication shall be inviolable.

Article 31 [Criminal Trials]

(1) Anyone charged with a crime shall be brought before a court within the time established by law.
(2) No one shall be forced to plead guilty, and no one shall be convicted solely by virtue of a confession.
(3) A defendant shall be considered innocent until proven otherwise by a final verdict.
(4) The rights of a defendant shall not be restricted beyond what is necessary for the purposes of a fair trial.
(5) Prisoners shall be kept in conditions conducive to the exercise of those of their fundamental rights which are not restricted by virtue of their sentence.
(6) Prison sentences shall be served only at the facilities established by law.
(7) There shall be no limitation to the prosecution and the execution of a sentence for crimes against peace and humanity.

Article 32 [Privacy]

(1) The privacy of citizens is inviolable. Everyone is entitled to protection against any illegal interference in his private or family affairs and against encroachments on his honor, dignity, and reputation.
(2) No one shall be followed, photographed, filmed, recorded, or subjected to any other similar activity without his knowledge or despite his express disapproval, except when such actions are permitted by law.

Article 33 [Home]

(1) The home is inviolable. No one shall enter or stay inside a home without its occupant's consent, except in the cases expressly stipulated by law.
(2) Entering a home or staying inside without the consent of its occupant or without the judicial authorities' permission shall be allowed only for the purposes of preventing an immediately impending crime or a crime in progress, for the capture of a criminal, or in extreme necessity.

Article 34 [Confidential Communication]

(1) The freedom and confidentiality of correspondence and all other communications is inviolable.
(2) Exceptions to this provision shall be allowed only with the permission of the judicial authorities for the purpose of discovering or preventing a grave crime.

Article 35 [Residence, Movement]

(1) Everyone is free to choose a place of residence and has the right to movement on the territory of the country and to leave the country. This right shall be restricted only by virtue of a law in the name of national security, public health, and the rights and freedoms of other citizens.
(2) Every Bulgarian citizen shall have the right to return to the country.

Article 36 [Language]

(1) The study and use of the Bulgarian language is a right and obligation of every Bulgarian citizen.
(2) Citizens whose mother tongue is not Bulgarian shall have the right to study and use their own language alongside the compulsory study of the Bulgarian language.
(3) The situations in which only the official language shall be used shall be established by law.

Article 37 [Freedom of Religion and Belief]

(1) The freedom of conscience, the freedom of thought, and the choice of religion and of religious or atheistic views are inviolable. The state shall assist the maintenance of tolerance and respect among the believers from different denominations, and among believers and non-believers.
(2) The freedom of conscience and religion shall not be practiced to the detriment of national security, public order, public health and morals, or of the rights and freedoms of others.

Article 38 [Freedom of Opinion]
No one shall be persecuted or restricted in his rights because of his views, nor shall be obligated or forced to provide information about his own or another person's views.

Article 39 [Expression]

(1) Everyone is entitled to express an opinion or to publicize it through words, written or oral, sound, or image, or in any other way.
(2) This right shall not be used to the detriment of the rights and reputation of others, or for the incitement of a forcible change of the constitutionally established order, the perpetration of a crime, or the incitement of enmity or violence against anyone.

Article 40 [Press, Media]

(1) The press and the other mass information media are free and shall not be subjected to censorship.
(2) An injunction on or a confiscation of printed matter or another information medium shall be allowed only through an act of the judicial authorities in the case of an encroachment on public decency or incitement of a forcible change of the constitutionally established order, the perpetration of a crime, or the incitement of violence against anyone. An injunction suspension shall lose force if not followed by a confiscation within 24 hours.

Article 41 [Information]

(1) Everyone is entitled to seek, obtain, and disseminate information. This right shall not be exercised to the detriment of the rights and reputation of others, or to the detriment of national security, public order, public health, and morality.
(2) Citizens shall be entitled to obtain information from state bodies and agencies on any matter of legitimate interest to them which is not a state or official secret and does not affect the rights of others.

Article 42 [Electoral Rights]

(1) Every citizen above the age of 18, with the exception of those placed under judicial interdiction or serving a prison sentence, is free to elect state and local authorities and vote in referendums.
(2) The organization and procedure for the holding of elections and referendums shall be established by law.

Article 43 [Assembly]

(1) Citizens shall have the right to peaceful and unarmed assembly for meetings and manifestations.
(2) The procedure for the organizing and holding of meetings and manifestations shall be established by law.
(3) No notice to the municipal authorities shall be required for meetings held indoors.

Article 44 [Association]

(1) Citizens shall be free to associate.
(2) No organization shall act to the detriment of the country's sovereignty and national integrity, or the unity of the nation, nor shall it incite racial, national, ethnic, or religious enmity or an encroachment on the rights and freedoms of citizens; no organization shall establish clandestine or paramilitary structures or shall seek to attain its aims through violence.
(3) The law shall establish which organizations shall be subject to registration, the procedure for their termination, and their relationships with the state.

Article 45 [Petition]
Citizens have the right to lodge complaints, proposals, and petitions with the state authorities.

Article 46 [Matrimony]

(1) Matrimony is a free union between a man and a woman. Only a civil marriage shall be legal.
(2) Spouses shall have equal rights and obligations in matrimony and the family.
(3) The form of a marriage, the conditions and procedure for its conclusion and termination, and all private and material relations between the spouses shall be established by law.

Article 47 [Parents, Children]

(1) The raising and upbringing of children until they come of legal age shall be a right and obligation of their parents and shall be assisted by the state.
(2) Mothers shall be the object of the state and shall be guaranteed prenatal and postnatal leave, free obstetric care, alleviated working conditions, and other social assistance.
(3) Children born out of wedlock shall enjoy equal rights with those born in wedlock.
(4) Abandoned children shall enjoy the protection of the state and society.
(5) The conditions and procedure for the restriction or suspension of parental rights shall be established by law.

Article 48 [Right to Work]

(1) Citizens shall have the right to work. The state shall take care to provide conditions for the exercising of this right.
(2) The state shall create conditions favorable to the exercise of the right to work by the physically or mentally handicapped.
(3) Everyone is free to choose an occupation and place of work.
(4) No one shall be compelled to do forced labor.
(5) Workers and employees shall be entitled to healthy and non-hazardous working conditions, to guaranteed minimum pay and remuneration for the actual work performed, and to rest and leave, in accordance with conditions and procedures
established by law.

Article 49 [Unions]

(1) Workers and employees shall be free to form trade union organizations and alliances in defence of their interests related to work and social security.
(2) Employers shall be free to associate in defence of their economic interests.

Article 50 [Strike]
Workers and employees shall have the right to strike in defence of their collective economic and social interests. This right shall be exercised in accordance with conditions and procedures established by law.

Article 51 [Welfare]

(1) Citizens shall have the right to social security and welfare aid.
(2) The state shall provide social security for the temporarily unemployed in accordance with conditions and procedures established by law.
(3) The aged without relatives and unable to support themselves, as well as the physically and mentally handicapped shall enjoy the special protection of the state and society.

Article 52 [Health Care]

(1) Citizens shall have the right to medical insurance guaranteeing them affordable medical care, and to free medical care in accordance with conditions and procedures established by law.
(2) Citizens' medical care shall be financed from the state budget, by employers, through private and collective health-insurance schemes, and from other sources in accordance with conditions and procedures established by law.
(3) The state shall protect the health of citizens and shall promote the development of sports and tourism.
(4) No one shall be subjected to forcible medical treatment or sanitary measures except in circumstances established by law.
(5) The state shall exercise control over all medical facilities and over the production and trade in pharmaceuticals, biologically active substances, and medical equipment.

Article 53 [Education]

(1) Everyone shall have the right to education.
(2) School attendance up to the age of 16 is compulsory.
(3) Primary and secondary education in state and municipal schools is free. In circumstances established by law, the higher educational establishments shall provide education free of charge.
(4) Higher educational establishments shall enjoy academic autonomy.
(5) Citizens and organizations shall be free to found schools in accordance with conditions and procedures established by law. The education they provide shall fit the requirements of the state.
(6) The state shall promote education by opening and financing schools, by supporting capable school and university students, and by providing opportunities for occupational training and retraining. It shall exercise control over all kinds and levels of schooling.

Article 54 [Culture, Creativity]

(1) Everyone shall have the right to avail himself of the national and universal human cultural values and to develop his own culture in accordance with his ethnic self-identification, which shall be recognized and guaranteed by the law.
(2) Artistic, scientific, and technological creativity shall be recognized and guaranteed by the law.
(3) The state shall protect all inventors' rights, copyrights, and related rights.

Article 55 [Environment]
Citizens shall have the right to a healthy and favorable environment corresponding to the established standards and norms. They shall protect the environment.

Article 56 [Legal Counsel]
Everyone shall have the right to legal defence whenever his rights or legitimate interests are violated or endangered. He shall have the right to be accompanied by legal counsel when appearing before an agency of the state.

Article 57 [Infringement]

(1) The fundamental civil rights shall be irrevocable.
(2) Rights shall not be abused, nor shall they be exercised to the detriment of the rights or the legitimate interests of others.
(3) Following a proclamation of war, martial law, or a state of emergency the exercise of individual civil rights may be temporarily curtailed by law, except for the rights established by Article 28, 29, 31 (1)-(3), 32 (1), and 37.

Article 58 [Observing Constitution]

(1) Citizens shall observe and implement the Constitution and the laws. They shall respect the rights and the legitimate interests of others.
(2) Obligations established by the Constitution and the law shall not be defaulted upon on grounds of religious or other convictions.

Article 59 [Military Service]

(1) To defend the country shall be a duty and a matter of honor of every Bulgarian citizen. High treason and betrayal of the country shall be treated as crimes of utmost gravity and shall be punished with all the severity of the law.
(2) The carrying out of military obligations, and the conditions and procedure for exemption therefrom or for replacing them with alternative service, shall be established by law.

Article 60 [Taxes]

(1) Citizens shall pay taxes and duties established by law proportionately to their income and property.
(2) Any tax concession or surtax shall be established by law.

Article 61 [Catastrophes]
Citizens shall assist the state and society in the case of a natural or other disaster, on conditions and in a manner established by law.

Chapter Three National Assembly


Article 62 [Legislative Authority]
The National Assembly is vested with the legislative authority and shall exercise parliamentary control.

Article 63 [Members]
The National Assembly shall consist of 240 members.

Article 64 [Term]

(1) The National Assembly is elected for a term of four years.
(2) In case of war, armed hostilities, or another state of emergency occurring during or after the expiry of the National Assembly's term, its mandate shall be extended until the expiry
of the circumstances.
(3) Elections for a new National Assembly shall be held within two months from the expiry of the mandate of the preceding one.

Article 65 [Eligibility]

(1) Eligible for election to the National Assembly is any Bulgarian citizen who does not hold another citizenship, is above the age of 21, is not under a judicial interdiction, and is not serving a prison sentence.
(2) A candidate for a National Assembly seat holding a state post shall resign upon the registration of his candidacy.

Article 66 [Control]
The legitimacy of an election may be contested before the Constitutional Court by a procedure established by law.

Article 67 [Mandate]

(1) Members of the National Assembly shall represent not only their constituencies but the entire nation. No Member shall be held to a mandatory mandate.
(2) Members of the National Assembly shall act on the basis of the Constitution and the laws and in accordance with their conscience and convictions.

Article 68 [Incompatibility, Sleeping Mandate]

(1) A Member of the National Assembly shall not occupy another state post, nor shall engage in any other activity which the law defines as incompatible with the status of a Member of the National Assembly.
(2) A Member of the National Assembly elected as a minister shall cease to serve as a Member during his term of office as a minister. During that period, he shall be substituted in the National Assembly in a manner established by law.

Article 69 [Indemnity]
Members of the National Assembly shall not be held criminally liable for their opinions or votes in the National Assembly.

Article 70 [Immunity]
A Member of the National Assembly is immune from detention or criminal prosecution except for the perpetration of a grave crime, when a warrant from the National Assembly or, in between its session, from the Chairman of the National Assembly, is required. No warrant shall be required when a Member is detained in the course of committing a grave crime; the National Assembly or, in between its session, the Chairman of the National Assembly, shall be notified forthwith.

Article 71 [Emoluments]
The National Assembly shall establish the emoluments of its Members.

Article 72 [Resignation, Dismissal]

(1) A Member's prerogatives shall expire before the expiry of his term of office upon any of the following occurrences:
1) resignation presented before the National Assembly;
2) enforcement of a prison sentence for an intentional crime, or of an unsuspended prison sentence;
3) establishment of ineligibility or incompatibility.
(2) Instances 1 and 2 shall require a resolution of the National Assembly; instance 3 shall require a ruling by the Constitutional Court.

Article 73 [Internal Rules]
The National Assembly is organized and shall act in accordance with the Constitution and its own internal rules.

Article 74 [Sessions, Recesses]
The National Assembly is a permanently acting body. It is free to determine its recesses.

Article 75 [First Session]
A newly elected National Assembly shall be convened for a first session by the President of the Republic within a month following its election. Should the President fail to do so, it shall be convened by one-fifth of the Members of the National Assembly.

Article 76 [Oath]

(1) The first session of the National Assembly shall be opened by the senior present Member.
(2) At the first session the Members shall swear the following oath:
"I swear in the name of the Republic of Bulgaria to observe the Constitution and the laws of the country and in all my actions to be guided by the interests of the people. I am sworn."
(3) The National Assembly shall elect at the same session its Chairman and Vice Chairmen.

Article 77 [Functions of Chairmen]

(1) The Chairman of the National Assembly shall:
1) represent the National Assembly;
2) propose the agenda for each session;
3) open, chair and close the sessions of the National Assembly and maintain orderly proceedings;
4) attest by his signature the contents of the acts passed by the National Assembly;
5) promulgate all resolutions, declarations, and addresses passed by the National Assembly;
6) organize the National Assembly's international contacts.
(2) The Vice Chairmen of the National Assembly shall assist the Chairman and carry out any activities devolved by him.

Article 78 [Convention]
The National Assembly shall be convened for its sessions by its Chairman:
1) on his own initiative;
2) at the request of one-fifth of its members;
3) at the request of the President;
4) at the request of the Council of Ministers.

Article 79 [Committees]

(1) The National Assembly shall elect permanent and ad hoc committees from among its Members.
(2) The permanent committees shall aid the work of the National Assembly and shall exercise parliamentary control on its behalf.
(3) Ad hoc committees shall be elected to conduct inquiries and investigations.

Article 80 [Testimony]
Any official or citizen summoned by a parliamentary commission is obliged to testify and present any required documents.

Article 81 [Quorum, Majorities, Voting]

(1) The National Assembly is free to hold a session and pass resolutions when more than half of its Members are present.
(2) The National Assembly shall pass laws and other acts by a majority of more than one-half of the present Members, except
when a qualified majority is required by the Constitution.
(3) Voting is personal and open, except when the Constitution requires or the National Assembly resolves on a secret ballot.

Article 82 [Publicity]
Sessions of the National Assembly shall be public. The National Assembly may by exception resolve to hold some sessions behind closed doors.

Article 83 [Government Participation]

(1) Ministers shall be free to attend the sessions of the National Assembly and the parliamentary committees. They shall be given priority in addressing the Members.
(2) The National Assembly and the parliamentary committees shall be free to order ministers to attend their sessions and respond to questions.

Article 84 [Functions]
The National Assembly shall:
1) pass, amend, and rescind the laws;
2) pass the state budget bill and the budget report;
3) establish the taxes and their size;
4) schedule the elections for a President of the Republic;
5) resolve on the holding of a national referendum;
6) elect and dismiss the Prime Minister and, on his motion, the members of the Council of Ministers; effect changes in the government on a motion from the Prime Minister;
7) create, transform and close down ministries on a motion from the Prime Minister;
8) elect and dismiss the Governor of the Bulgarian National Bank and the heads of other institutions established by law;
9) approve state-loan agreements;
10) resolve on the declaration of war and conclusion of peace;
11) approve any deployment and use of Bulgarian armed forces outside the country's borders, and the deployment of foreign troops on the territory of the country or their crossing of that territory;
12) on a motion from the President or the Council of Ministers, introduce martial law or a state of emergency on all or part of the country's territory;
13) grant amnesty;
14) institute orders and medals;
15) establish the official holidays.

Article 85 [International Instruments]

(1) The National Assembly shall ratify or denounce by law all international instruments which:
1) are of a political or military nature;
2) concern the Republic of Bulgaria's participation in international organizations;
3) envisage corrections to the borders of the Republic of Bulgaria;
4) contain obligations for the treasury;
5) envisage the state's participation in international arbitration or legal proceedings;
6) concern fundamental human rights;
7) affect the action of the law or require new legislation in order to be enforced;
8) expressly require ratification.
(2) Treaties ratified by the National Assembly may be amended or denounced only by their built-in procedure or in accordance with the universally acknowledged norms of international law.
(3) The conclusion of an international treaty requiring an
amendment to the Constitution shall be preceded by the passage of such an amendment.

Article 86 [Binding Laws and Resolutions]

(1) The National Assembly shall pass laws, resolutions, declarations, and addresses.
(2) The laws and resolutions passed by the National Assembly shall be binding on all state bodies, all organizations, and all citizens.

Article 87 [Initiative]

(1) Any Member of the National Assembly or the Council of Ministers shall have the right to introduce a bill.
(2) The State Budget Bill shall be drawn up and presented by the Council of Ministers.

Article 88 [Deliberation]

(1) Bills shall be read and voted upon twice, during different sessions. By way of exception, the National Assembly may resolve to hold both ballots during a single session.
(2) All other acts of the National Assembly shall require a single ballot.
(3) Each passed act is promulgated in The National Gazette within 15 days from its passage.

Article 89 [Motion of No Confidence]

(1) A motion of no confidence in the in the Council of Ministers shall require a seconding by one-fifth or more of the Members of the National Assembly. To be passed, the motion shall require a majority of more than half of the votes of all National Assembly Members.
(2) Should the National Assembly vote no confidence in the Prime Minister or the Council of Ministers, the Prime Minister shall hand in his government's resignation.
(3) Should the National Assembly reject a vote of no confidence in the Council of Ministers, the next motion for a vote of no confidence on the same grounds shall not be made before the expiry of six months.

Article 90 [Interpellations]

(1) Members of the National Assembly shall have the right to address questions and interpellations to the Council of Ministers and to individual ministers, who shall be obligated to respond.
(2) A mation by one-fifth of the Members of the National Assembly shall be required to turn an interpellation into a debate on which a resolution shall be passed.

Article 91 [Accountancy Chamber]

(1) The National Assembly shall establish an Accountancy Chamber to control the implementation of the budget.
(2) The organization, authority, and procedures by which the Accountancy Chamber shall act shall be established by law.

Chapter Four President of the Republic


Article 92 [Head of State]

(1) The President is the head of state. He shall embody the unity of the nation and shall represent the state in its international relations.
(2) The President shall be assisted in his actions by a Vice President.

Article 93 [Elections]

(1) The President is elected directly by the voters for a period of five years by a procedure established by law.
(2) Eligible for President is any natural-born Bulgarian citizen
over 40 years of age and qualified to be elected to the National Assembly, who has resided in the country for the five years preceding the election.
(3) To be elected, a candidate shall require more than one-half of the valid ballots, provided that more than half of all eligible voters have cast their ballots in the election.
(4) Should none of the candidates for President be elected, a runoff vote is held within seven days between the two top candidates. The winner is the candidate who wins the majority of the vote.
(5) A presidential election shall be held not earlier than three months and not later than two months before the expiry of the term of office of the incumbent President.
(6) The Constitutional Court shall rule upon any challenge to the legality of a presidential election within a month's time after the election.

Article 94 [Vice President]
The Vice President is elected at the same time and on the same ticket as the President, on the same conditions and by the same procedure.

Article 95 [Re-election, Incompatibility]

(1) The President and the Vice President shall be eligible for only one re-election to the same office.
(2) The President and the Vice President shall not serve as Members of the National Assembly or engage in any other state, public or economic activity, nor shall they participate in the leadership of any political party.

Article 96 [Oath]
The President and the Vice President shall swear before the National Assembly the oath established by Article 76 (2).

Article 97 [Resignation, Dismissal]

(1) The President's or Vice President's authority shall expire before the expiry of his term of office upon any of the following occurrences:
1) resignation submitted before the Constitutional Court;
2) lasting incapacitation caused by a grave illness;
3) following Article 103;
4) death.
(2) In instances 1 and 2, the prerogatives of the President or Vice President shall be suspended upon the Constitutional Court's establishing the existence of the respective circumstances.
(3) In instance 1, the Vice President shall assume the duties of the President until the expiry of the term of office.
(4) Should the Vice President be incapable of assuming the President's duties, the President's prerogatives shall be assumed by the Chairman of the National Assembly until the election of a new President and Vice President. Elections for President and Vice President shall then be held within two months.

Article 98 [Functions]
The President of the Republic shall:
1) schedule the elections for a National Assembly and for the bodies of local self-government and shall set the date for national referendums pursuant to a resolution of the National Assembly;
2) address the Nation and the National Assembly;
3) conclude international treaties in the circumstances established by the law;
4) promulgate the laws;
5) on a motion from the Council of Ministers, determine the borders of the administrative territorial units and their centres;
6) on a motion from the Council of Ministers, appoint and dismiss the heads of the Republic of Bulgaria's diplomatic and permanent missions at international organizations, and receive the credentials and the letters of recall of the foreign diplomatic representatives to this country;
7) appoint and dismiss from office other state officials, established by law;
8) award orders and medals;
9) grant, restore, relieve from and withdraw Bulgarian citizenship;
10) grant asylum;
11) exercise the right to pardon;
12) cancel uncollectible debts to the state;
13) name landmarks and communities of national importance;
14) inform the National Assembly on basic problems within his prerogatives.

Article 99 [Establishing Government]

(1) Following consultations with the parliamentary groups, the President shall appoint the Prime Minister candidate nominated by the party holding the highest number of seats in the National Assembly to form a government.
(2) Should the Prime Minister candidate fail to form a government within seven days, the President shall entrust this task to a Prime Minister candidate nominated by the second largest parliamentary group.
(3) Should the new Prime Minister candidate also fail to form a government within the period established by the preceding paragraph, the President shall entrust the task to a Prime Minister candidate nominated by one of the minor parliamentary groups.
(4) Should the consultations prove successful, the President shall ask the National Assembly to elect the Prime Minister candidate.
(5) Absent an agreement on the formation of a government, the President shall appoint a caretaker government, dissolve the National Assembly and schedule new elections within the period established by Article 64 (3). The President's act on the dissolution of the National Assembly shall also establish the date of the new general elections.
(6) The procedure for forming a government established by the preceding paragraphs shall further apply in the instances envisaged by Article 111 (1).
(7) In the instances envisaged by Paragraphs (5) and (6), the President shall not dissolve the National Assembly during the last three months of his term of office. Should Parliament fail to form a government within the established period, the President shall appoint a caretaker government.

Article 100 [Commander-in-Chief, War]

(1) The President is the Supreme Commander-in-Chief of the Armed Forces of the Republic of Bulgaria.
(2) The President shall appoint and dismiss the higher command of the Armed Forces and shall bestow all higher military ranks on a motion from the Council of Ministers.
(3) The President shall preside over the Consultative National Security Council, the status of which is established by law.
(4) The President shall proclaim general or partial mobilization on a motion from the Council of Ministers in accordance with the law.
(5) The President shall proclaim a state of war in the case of an armed attack against Bulgaria or whenever urgent actions are required by virtue of an international commitment, or shall proclaim martial law or any other state of emergency whenever
the National Assembly is not in session and cannot be convened. The National Assembly shall then be convened forthwith to endorse the decision.

Article 101 [Veto]

(1) Within the term established by Article 88 (3), the President is free to return a bill together with his motives to the National Assembly for further debate, which shall not be denied.
(2) The new passage of such a bill shall require a majority of more than half of all Members of the National Assembly.
(3) Following a new passage of the bill by the National Assembly, the President shall promulgate it within seven days following its receipt.

Article 102 [Decrees, Addresses]

(1) Within the prerogatives vested in him, the President shall issue decrees, addresses, and messages.
(2) The President's decrees shall be countersigned by the Prime Minister or the minister concerned.
(3) No countersigning is required for decrees pertaining to:
1) the appointment of a caretaker government;
2) the appointment of a Prime Minister candidate;
3) dissolution of the National Assembly;
4) return of a bill to the National Assembly for further debate;
5) the organization and manner of action of the offices of the Presidency and the appointment of their staff;
6) the scheduling of an election or referendum;
7) the promulgation of a law.

Article 103 [Immunity, Impeachment]

(1) The President and Vice President shall not be held liable for actions committed in the performance of their duties, except for high treason, or a violation of the Constitution.
(2) An impeachment shall require a motion from no fewer than one-fourth of all Members of the National Assembly and shall stand if supported by more than two-thirds of the Members.
(3) An impeachment against the President or Vice President shall be tried by the Constitutional Court within a month following the lodging of the impeachment. Should the Constitutional Court convict the President or Vice President of high treason, or of a violation of the Constitution, the President's or Vice President's prerogatives shall be suspended.
(4) No one shall place the President or the Vice President under detention, nor shall initiate criminal proceedings against them.

Article 104 [Devolution of Duties]
The President is free to devolve to the Vice President the prerogatives established by Article 98 Sub-Paragraphs 7, 9, 10 and 11.

Chapter Five Council of Ministers


Article 105 [Policy, Administration]

(1) The Council of Ministers shall head the implementation of the state's domestic and foreign policy.
(2) The Council of Ministers shall ensure the public order and national security and shall exercise overall guidance over the state administration and the Armed Forces.

Article 106 [Functions]
The Council of Ministers shall:
- manage the implementation of the state budget;
- organize the management of the state's assets; and
- conclude, confirm, or denounce international treaties when authorized to do so by law.

Article 107 [Ministerial Control]
The Council of Ministers shall rescind any illegitimate or improper act issued by a minister.

Article 108 [Composition, Responsibility]

(1) The Council of Ministers shall consist of a Prime Minister, Deputy Prime Ministers, and ministers.
(2) The Prime Minister shall head, coordinate, and bear responsibility for the overall policy of the government. He shall appoint and dismiss the deputy ministers.
(3) Each member of the Council of Ministers shall head a ministry, except insofar as the National Assembly resolves otherwise. Each minister shall account for his own activity.

Article 109 [Oath]
The members of the Council of Ministers shall swear before the National Assembly the oath established by Article 76 (2).

Article 110 [Eligibility]
Eligible for election to the Council of Ministers shall be any Bulgarian citizen qualified to be elected to the National Assembly.

Article 111 [Expiration]

(1) The authority of the Council of Ministers shall expire upon any of the following occurrences:
1) a vote of no confidence in the Council of Ministers or the Prime Minister;
2) the resignation of the Council of Ministers or the Prime Minister;
3) death of the Prime Minister.
(2) The Council of Ministers shall hand in its resignation before the newly elected National Assembly.
(3) Should any of the above occur, the Council of Ministers shall continue to act until the election of a new Council of Ministers.

Article 112 [Vote of Confidence]

(1) The Council of Ministers is free to ask for the National Assembly's vote of confidence in its overall policy, its program declaration, or on a specific issue. A resolution shall require a majority of more than half of the votes of the National Assembly Members present.
(2) Should the Council of Ministers fail to receive the requested vote of confidence, the Prime Minister shall hand in the government's resignation.

Article 113 [Incompatibility]

(1) A member of the Council of Ministers shall not hold a post or engage in any activity incompatible with the status of a Member of the National Assembly.
(2) The National Assembly is free to determine any other post or activity which a member of the Council of Ministers shall not hold or engage in.

Article 114 [Decrees, Ordinances]
Pursuant to and in implementation of the laws, the Council of Ministers shall adopt decrees, ordinances, and resolutions. The Council of Ministers shall promulgate rules and regulations by decree.

Article 115 [Ministerial Regulations, Orders]
A minister shall issue rules, regulations, instructions, and
orders.

Article 116 [Indepndence, Political Neutrality]

(1) State employees shall be the executors of the nation's will and interests. In the performance of their duty they shall be guided solely by the law and shall be politically neutral.
(2) A law shall establish the conditions for the appointment and dismissal of state employees and the conditions on which they shall be free to belong to political parties and trade unions, as well as to exercise their right to strike.

Chapter Six Judicial Power


Article 117 [Purpose, Independence]

(1) The judicial branch of government shall safeguard the rights and legitimate interests of all citizens, legal entities, and the state.
(2) The judicial branch is independent. In the performance of their functions, all judges, court assessors, prosecutors, and investigating magistrates shall be subservient only to the law.
(3) The judicial branch of government shall have an independent budget.

Article 118 [In the Name of The People]
All judicial power is exercised in the name of the people.

Article 119 [Court Hierarchy]

(1) Justice is administered by the Supreme Court of Cassation, the Supreme Administrative Court, courts of appeals, courts of assizes, courts-martial and district courts.
(2) Specialized courts may be set up by virtue of a law.
(3) There shall be no extraordinary courts.

Article 120 [Access to Courts]

(1) The courts shall supervise the legality of the acts and actions of the administrative bodies.
(2) Citizens and legal entities shall be free to contest any administrative act which affects them, except those listed expressly by the laws.

Article 121 [Equality Before Courts, Publicity]

(1) The courts shall ensure the equality and mutual challengeability of the parties to a judicial trial.
(2) Judicial proceedings shall ensure the establishment of truth.
(3) All courts shall conduct their hearings in public, unless provided otherwise by law.
(4) All court rulings shall be motivated.

Article 122 [Right to Counsel]

(1) Citizens and legal entities shall have the right to legal counsel at all stages of a trial.
(2) The procedure by which the right to legal counsel is practiced shall be established by law.

Article 123 [Court Assessors]
Court assessors shall participate in the trial process in certain cases established by law.

Article 124 [Supreme Court of Cassation]
The Supreme Court of Cassation shall exercise supreme judicial oversight as to the precise and equal application of the law by all courts.

Article 125 [Supreme Administrative Court]

(1) The Supreme Administrative Court shall exercise supreme judicial oversight as to the precise and equal application of the
law in administrative justice.
(2) The Supreme Administrative Court shall rule on all challenges to the legality of acts of the Council of Ministers and the individual ministers, and of other acts established by law.

Article 126 [Prosecutor's Office]

(1) The structure of the prosecutors' office shall correspond to that of the courts.
(2) The Chief Prosecutor shall oversee the legality and provide methodological guidance to all other prosecutors.

Article 127 [Prosecutor's Functions]
The Prosecutor's Office shall ensure that legality is observed:
1) by bringing charges against criminal suspects and supporting the charges in common criminal trials;
2) by overseeing the enforcement of penalties and other measures of compulsion;
3) by acting for the rescindment of all illegitimate acts;
4) by taking part in civil and administrative suits whenever required to do so by law.

Article 128 [Investigation]
The investigating bodies shall be within the system of the judicial branch. They shall perform the preliminary investigation in criminal cases.

Article 129 [Appointment, Dismissal of Justices]

(1) Justices, prosecutors, and investigating magistrates are elected, promoted, demoted, reassigned, and dismissed by the Supreme Judicial Council.
(2) The Chairman of the Supreme Court of Cassation, the Chairman of the Supreme Administrative Court, and the Chief Prosecutor shall be appointed and dismissed by the President of the Republic on a motion from the Supreme Judicial Council for a period of seven years, and shall not be eligible for a second term in office. The President shall not deny an appointment or dismissal on a repeated motion.
(3) Justices, prosecutors, and investigating magistrates shall become unsubstitutable upon completing a third year in the respective office. They shall be dismissed only upon retirement, resignation, upon the enforcement of a prison sentence for a deliberate crime, or upon lasting actual disability to perform their functions over more than one year.

Article 130 [Supreme Judicial Council]

(1) The Supreme Judicial Council shall consist of 25 members. Sitting on it ex officio shall be the Chairman of the Supreme Court of Cassation, the Chairman of the Supreme Administrative Court, and the Chief Prosecutor.
(2) Eligible for election to the Supreme Judicial Council besides its ex officio members shall be practicing lawyers of high professional and moral integrity with at least 15 years of professional experience.
(3) Eleven of the members of the Supreme Judicial Council shall be elected by the National Assembly, and eleven shall be elected by the bodies of the judicial branch.
(4) The elected members of the Supreme Judicial Council shall serve terms of five years. They shall not be eligible for immediate re-election.
(5) The meetings of the Supreme Judicial Council shall be chaired by the Minister of Justice, who shall not be entitled to a vote.

Article 131 [Secret Ballot]
Any resolution of the Supreme Judicial Council to appoint, promote, demote, reassign, or dismiss a justice, a prosecutor or an investigating magistrate, or a resolution pursuant to Article 129 (2), shall be passed by a secret ballot.

Article 132 [Immunity]

(1) Justices, prosecutors, and investigating magistrates shall enjoy the same immunity as the Members of the National Assembly.
(2) The immunity of a justice, prosecutor, or investigating magistrate shall be lifted by the Supreme Judicial Council only in the circumstances established by the law.

Article 133 [Legal Procedures]
The organization and the activity of the Supreme Judicial Council, of the courts, the prosecution and the investigation, the status of the justices, prosecutors and investigating magistrates, the conditions and the procedure for the appointment and dismissal of justices, court assessors, prosecutors, and investigating magistrates, and the materialization of their liability shall be established by law.

Article 134 [The Bar]

(1) The bar is free, independent, and autonomous. It shall assist citizens and legal entities in the defence of their rights and legitimate interests.
(2) The organization and manner of activity of the bar shall be established by law.

Chapter Seven Local Self-Government and Local Administration


Article 135 [Territorial Division]

(1) The territory of the Republic of Bulgaria is divided into municipalities and regions. The territorial division and the prerogatives of the Capital and the other major cities shall be established by law.
(2) Other administrative territorial units and bodies of self-government shall be establishable by law.

Article 136 [Election, Referendum]

(1) A municipality is the basic administrative territorial unit at the level of which self-government shall be practiced. Citizens shall participate in the government of the municipality both through their elected bodies of local self-government and directly, through a referendum or a general meeting of the populace.
(2) The borders of a municipality shall be established following a referendum of the populace.
(3) A municipality shall be a legal entity.

Article 137 [Association of Municipalities]

(1) Municipalities shall be free to associate in the solution of common matters.
(2) The law shall establish conditions conducive to association among municipalities.

Article 138 [Municipal Council]
The body of local self-government within a municipality shall be a municipal council elected directly by the populace for a term of four years by a procedure established by law.

Article 139 [Mayor]

(1) The mayor is the body of executive power within a municipality. He is elected by the municipal council for a term of four years by a procedure established by law.
(2) In his activity a mayor shall be guided by the law, the acts of the municipal council, and the sense of the populace.

Article 140 [Municipal Property]
A municipality is entitled to own municipal property, which it shall use to the interest of the territorial community.

Article 141 [Municipal Budget]

(1) A municipality shall have its own budget.
(2) A municipality's permanent sources of revenue shall be established by law.
(3) The state shall ensure the normal work of the municipalities through budget appropriations and other means.

Article 142 [Region]
A region is an administrative territorial unit entrusted with the conduct of a regional policy, the implementation of state government on a local level, and the ensuring of harmony of national and local interests.

Article 143 [Regional Governor]

(1) Each region is governed by a regional governor aided by a regional administration.
(2) A regional governor is appointed by the Council of Ministers.
(3) The regional governor shall ensure the implementation of the state's policy, the safeguarding of the national interests, law and public order, and shall exercise administrative control.

Article 144 [Control]
The central bodies of state and their local representatives shall exercise control over the legality of the acts of the bodies of local government only when authorized to do so by law.

Article 145 [Defence of Autonomy]
A municipal council is free to challenge before a court any act which encroaches on its rights.

Article 146 [Legal Procedures]
The organization and the procedures of the bodies of local self-government and local administration shall be established by law.

Chapter Eight Constitutional Court


Article 147 [Composition, Term, Incompatibility, Immunity]

(1) The Constitutional Court shall consist of 12 justices, one-third of whom shall be elected by the National Assembly, one-third shall be appointed by the President, and one-third shall be elected by a joint meeting of the justices of the Supreme Court of Cassation and the Supreme Administrative Court.
(2) The justices of the Constitutional Court shall be elected or appointed for a period of nine years and shall not be eligible for re-election or re-appointment. The make-up of the Constitutional Court shall be renewed every three years from each quota, in a rotation order established by law.
(3) The justices of the Constitutional Court shall be lawyers of high professional and moral integrity and with at least fifteen years of professional experience.
(4) The justices of the Constitutional Court shall elect by secret ballot a Chairman of the Court for a period of three years.
(5) The status of a justice of the Constitutional Court shall be incompatible with a representative mandate, or any state or public post, or membership in a political party or trade union, or with the practicing of a free, commercial, or any other paid occupation.
(6) A justice of the Constitutional Court shall enjoy the same immunity as a Member of the National Assembly.

Article 148 [Resignation, Expiration]

(1) The mandate of a justice of the Constitutional Court shall expire upon any of the following occurrences:
1) the expiry of the term of office;
2) resignation submitted before the Constitutional Court;
3) the enforcement of a prison sentence for a deliberate crime;
4) actual incapacitation which has lasted for more than one year;
5) incompatibility with an office or activity pursuant to Article 147 (5);
6) death.
(2) The Constitutional Court shall lift a justice's immunity or establish his actual incapacity to perform his duties by a secret ballot requiring a majority of at least two-thirds of the votes of all justices.
(3) Should the mandate of a Constitutional Court justice be terminated, a new justice from the same quota shall be appointed or elected within one month.

Article 149 [Functions]

(1) The Constitutional Court shall:
1) provide binding interpretations of the Constitution;
2) rule on challenges to the constitutionality of the laws and other acts passed by the National Assembly and the acts of the President;
3) rule on competence suits between the National Assembly the President and the Council of Ministers, and between the bodies of local self-government and the central executive branch of government;
4) rule on the compatibility between the Constitution and the international instruments concluded by the Republic of Bulgaria prior to their ratification, and on the compatibility of domestic laws with the universally recognized norms of international law and the international instruments to which Bulgaria is a party;
5) rule on challenges to the constitutionality of political parties and associations;
6) rule on challenges to the legality of the election of the President and Vice President;
7) rule on challenges to the legality of an election of a Member of the National Assembly;
8) rule on impeachments by the National Assembly against the President or the Vice President.
(2) No authority of the Constitutional Court shall be vested or suspended by law.

Article 150 [Initiatives]

(1) The Constitutional Court shall act on an initiative from not fewer than one-fifth of all Members of the National Assembly, the President, the Council of Ministers, the Supreme Court of Cassation, the Supreme Administrative Court, or the Chief Prosecutor. A challenge to competence pursuant to Paragraph (1.3) of the preceding Article may further be filed by a municipal council.
(2) Should it find a discrepancy between a law and the Constitution, the Supreme Court of Cassation or the Supreme Administrative Court shall suspend the proceedings on a case and shall refer the matter to the Constitutional Court.

Article 151 [Effect of Rulings]

(1) A ruling of the Constitutional Court shall require a majority of more than half of the votes of all justices.
(2) Rulings of the Constitutional Court shall be promulgated in The National Gazette within 15 days from the date on which they are issued. A ruling shall come into force three days after
its promulgation. Any act found to be unconstitutional shall cease to apply as of the date on which the ruling shall come into force.
(3) Any portion of a law which is not ruled unconstitutional shall remain in force.

Article 152 [Legal Procedures]
The organization and the manner of proceeding of the Constitutional Court shall be established by law.

Chapter Nine Amendments to the Constitution, Adoption of a new Constitution


Article 153 [Amendment by National Assembly]
The National Assembly is free to amend all provisions of the Constitution except those within the prerogatives of the Grand National Assembly.

Article 154 [Amendment Bill]

(1) The initiative to introduce a constitutional amendment bill shall belong to one-fourth of the Members of the National Assembly and to the President.
(2) An amendment bill shall be debated by the National Assembly not earlier than one month and not later than three months from the date on which it is introduced.

Article 155 [Majorities]

(1) A constitutional amendment shall require a majority of three-fourths of the votes of all Members of the National Assembly in three ballots on three different days.
(2) A bill which has received less than three-fourths but more than two-thirds of the votes of all Members shall be eligible for reintroduction after not fewer than two months and not more than five months. To be passed at this new reading, the bill shall require a majority of two-thirds of the votes of all Members.

Article 156 [Promulgation]
An amendment to the Constitution is signed and promulgated in The National Gazette by the Chairman of the Grand National Assembly within seven days following its passage.

Article 157 [Grand National Assembly]
A Grand National Assembly shall consist of 400 Members elected by the generally established procedure.

Article 158 [Functions]
A Grand National Assembly shall:
1) adopt a new Constitution;
2) resolve on any changes in the territory of the Republic of Bulgaria and ratify any international instrument envisaging such a change;
3) resolve on any changes in the form of state structure or form of government;
4) resolve on any amendment to Article 5 (2) and (4) and Article 57 (1) and (3);
5) resolve on any amendment to Chapter Nine.

Article 159 [Initiative]

(1) The initiative to introduce an amendment bill pursuant to the preceding Article shall belong to one-third of the Members of the National Assembly and to the President.
(2) The draft of a new constitution or a proposed amendment to the existing Constitution, and any bill to introduce a change in the territory of the country pursuant to Article 158 shall be debated by the National Assembly not earlier than two months and not later than five months from the date on which it is introduced.

Article 160 [Grand National Assembly Elections]

(1) A resolution by the National Assembly announcing elections for a Grand National Assembly shall require a majority of two-thirds of the votes of all Members.
(2) The President shall schedule the elections for a Grand National Assembly within three months from the passage of the National Assembly's resolution.
(3) The mandate of the National Assembly shall expire with the holding of the elections for a Grand National Assembly.

Article 161 [Majority]
To pass a bill, the Grand National Assembly shall require a majority of two-thirds of the votes of all Members, in three ballots on three different days.

Article 162 [Functions]

(1) A Grand National Assembly shall resolve only on the constitutional amendment bills for which it has been elected.
(2) In an emergency, a Grand National Assembly shall further perform the functions of a National Assembly.
(3) The prerogatives of a Grand National Assembly shall expire after it resolves on all matters for which it has been elected. The President shall then schedule elections by a procedure established by law.

Article 163 [Promulgation]
An act of the Grand National Assembly is signed and promulgated in The National Gazette by the Assembly's Chairman within seven days following its passage.

Chapter Ten Coat of Arms, Seal, Flag, Anthem, Capital


Article 164 [Coat of Arms]
The Coat of Arms of the Republic of Bulgaria shall depict a gold lion rampant on a dark gules shield.

Article 165 [State Seal]
The State Seal shall depict the Coat of Arms of the Republic of Bulgaria.

Article 166 [National Fla
]
The Flag of the Republic of Bulgaria is a tricolor: white, green, and red from top, placed horizontally.

Article 167 [Usage Regulation]
The rules for the placing of the State Seal and the display of the National Flag is established by law.

Article 168 [Anthem]
The Anthem of the Republic of Bulgaria is the song "Mila Rodino".

Article 169 [Capital Sofia]
The Republic of Bulgaria shall have for its Capital the City of Sofia.

[Chapter Eleven] Transitional and Concluding Provisions


Section 1 [Grand National Assembly]

(1) The Grand National Assembly shall dissolve itself after the adoption of the Constitution.
(2) The Grand National Assembly shall continue to function as a National Assembly until the election of a new National Assembly. Within this term, it shall pass bills for the election
of a new National Assembly, a President, bodies of local self-government, and other bills. The Constitutional Court and the Supreme Judicial Council shall be established within the same term.
(3) The Members of the National Assembly, the President, the Vice President, and the members of the Council of Ministers shall swear the oath established by this Constitution at the first session of the National Assembly following the coming into force of this Constitution.

Section 2 [Court Functions]
Pending the election of a Supreme Court of Cassation and a Supreme Administrative Court, their prerogatives pursuant to Article 130 (3) and Article 147 (1) shall be exercised by the Supreme Court of the Republic of Bulgaria.

Section 3 [Old Law]

(1) The provisions of the existing laws shall be applicable insofar as they do not contravene the Constitution.
(2) Within a year from this Constitution's coming into force, the National Assembly shall rescind those provisions of the existing laws which have not been rescinded by virtue of the direct force of the Constitution pursuant to its Article 5 (2).
(3) The laws required expressly by this Constitution shall be passed by the National Assembly within three years.

Section 4 [Judicial Branch]
The organization of the judicial branch of government established by the Constitution shall come into force following the passage of the new structural and procedural laws within the term established by Section 3 (2).

Section 5 [Old Justices]
Justices, prosecutors, and investigating magistrates shall become un-substitutable if within three months of its formation the Supreme Judicial Council does not rule that they lack the necessary professional merits.

Section 6 [Media]
Pending the passage of new legislation concerning the Bulgarian National Television, the Bulgarian National Radio and the Bulgarian News Agency, the National Assembly shall practice the prerogatives vested in the Grand National Assembly with respect to these national institutions.

Section 7 [National Assembly Elections]

(1) Elections for a National Assembly and bodies of local self-government shall be held within three months from the self-dissolution of the Grand National Assembly. The date of the elections shall be scheduled by the President in accordance with his prerogatives pursuant to Article 98 Sub-Paragraph 1.
(2) The elections for a President and a Vice President shall be held within three months from the elections for a National Assembly.
(3) Pending the election of a President and a Vice President, their functions established by this Constitution shall be performed by the Chairman (President) and the Vice Chairman (Vice President).

Section 8 [Old Government]
The government shall continue to perform its functions pursuant to this Constitution until the formation of a new government.

Section 9 [Old Constitution]
This Constitution shall come into force on the day on which it
is promulgated in The National Gazette by the Chairman of the Grand National Assembly, and shall supersede the Constitution of the Republic of Bulgaria adopted on 18 May 1971.


http://www.servat.unibe.ch/law/icl/bu00000_.html
http://www.servat.unibe.ch/law/icl/index.html

Hien phap Hungary - Hungary Constitution

Hien phap Hungary

Hungary Constitution

--------------------------------------------------------------------------------

{ Adopted on: 20 Aug 1949 }
{ Official Title: Constitution of the Republic of Hungary }
{ The Constitution was established by Act XX of 1949. }
{ ICL Document Status: 2003 }


{ Editor's Note:
The ICL edition has originally been based on an inofficial translation by Kendall Logan, kindly provided by him on 29 Sep 1997. The edition is consolidated with all Amendments up to and including Act LIX of 1997 on the Amendment of the Constitution of the Republic of Hungary. The new Articles added by Amendments until 2003 have been inserted by Emöd Veress. }


[Preamble]
In order to facilitate a peaceful political transition to a constitutional state, establish a multi-party system, parliamentary democracy and a social market economy, the Parliament of the Republic of Hungary hereby establishes the following text as the Constitution of the Republic of Hungary, until the country's new Constitution is adopted.


Chapter I General Provisions

Article 1 [Republic]
The State of Hungary is a republic.

Article 2 [Democracy, Rule of Law, Sovereignty]
(1) The Republic of Hungary is an independent, democratic constitutional state.
(2) In the Republic of Hungary supreme power is vested in the people, who exercise their sovereign rights directly and through elected representatives.
(3) No activity of any person may be directed at the forcible acquisition or exercise of public power, nor at the exclusive possession of such power. Everyone has the right and obligation to resist such activities in such ways as permitted by law.

Article 2A [European Union]
(1) By virtue of treaty, the Republic of Hungary, in its capacity as a Member State of the European Union, may exercise certain constitutional powers jointly with other Member States to the extent necessary in connection with the rights and obligations conferred by the treaties on the foundation of the European Union and the European Communities (hereinafter referred to as "European Union'); these powers may be exercised independently and by way of the institutions of the European Union.
(2) The ratification and promulgation of the treaty referred to in Subsection (1) shall be subject to a two-thirds majority vote of the Parliament.

Article 3 [Political parties]
(1) In the Republic of Hungary political parties may be established and may function freely, provided they respect the Constitution and laws established in accordance with the Constitution.
(2) Political parties shall participate in the development and expression of the popular will.
(3) Political parties may not exercise public power directly. Accordingly, no single party may exercise exclusive control of a government body. In the interest of ensuring the separation of political parties and public power, the law shall determine those functions and public offices which may not be held by party members or officers.

Article 4 [Unions]
Labor unions and other representative bodies shall protect and represent the interests of employees, members of co-operatives and entrepreneurs.

Article 5 [Goals of the state]
The State of the Republic of Hungary shall defend the freedom and sovereignty of the people, the independence and territorial integrity of the country, and its national borders as established in international treaties.

Article 6 [Peace]
(1) The Republic of Hungary renounces war as a means of solving disputes between nations and shall refrain from the use of force and the threat thereof against the independence or territorial integrity of other states.
(2) The Republic of Hungary shall endeavor to co-operate with all peoples and countries of the world.
(3) The Republic of Hungary bears a sense of responsibility for the fate of Hungarians living outside its borders and shall promote and foster their relations with Hungary.
(4) The Republic of Hungary shall take an active part in establishing a European unity in order to achieve freedom, well-being and security for the peoples of Europe.

Article 7 [Principles of international law]
(1) The legal system of the Republic of Hungary accepts the generally recognized principles of international law, and shall harmonize the country's domestic law with the obligations assumed under international law.
(2) Legislative procedures shall be regulated by law, for the passage of which a majority of two-thirds of the votes of the Members of Parliament present is required.

Article 8 [Human rights]
(1) The Republic of Hungary recognizes inviolable and inalienable fundamental human rights. The respect and protection of these rights is a primary obligation of the State.
(2) In the Republic of Hungary regulations pertaining to fundamental rights and duties are determined by law; such law, however, may not restrict the basic meaning and contents of fundamental rights.
(3) {...}
(4) During a state of national crisis, state of emergency or state of danger, the exercise of fundamental rights may be suspended or restricted, with the exception of the fundamental rights specified in Articles 54 -56, Paragraphs (2)-(4) of Article 57, Article 60, Articles 66-69 and Article 70E.

Article 9 [Economy, property, free competition]
(1) The economy of Hungary is a market economy, in which public and private property shall receive equal consideration and protection under the law.
(2) The Republic of Hungary recognizes and supports the right to enterprise and the freedom of competition in the economy.

Article 10 [National property]
(1) Property of the State of Hungary is considered national wealth.
(2) Fields of ownership and economic activity deemed to be the sole domain of the State shall be defined by law.

Article 11 [State-owned enterprises]
Enterprises and economic organizations owned by the State shall conduct business in such manner and with such responsibilities as defined by law.

Article 12 [Co-operatives]
(1) The State shall support co-operatives based on voluntary association and shall recognize the autonomy of such co-operatives.
(2) The State shall respect the property of local governments.

Article 13 [Private property]
(1) The Republic of Hungary guarantees the right to property.
(2) Expropriation shall only be permitted in exceptional cases, when such action is in the public interest, and only in such cases and in the manner stipulated by law, with provision of full, unconditional and immediate compensation.

Article 14 [Inheritance]
The Constitution guarantees the right of inheritance.

Article 15 [Family, marriage]
The Republic of Hungary shall protect the institutions of marriage and the family.

Article 16 [Youths]
The Republic of Hungary shall make special efforts to ensure a secure standard of living, instruction and education for the young, and shall protect the interests of the young.

Article 17 [Social security]
The Republic of Hungary shall provide support for those in need through a wide range of social measures.

Article 18 [Healthy environment]
The Republic of Hungary recognizes and shall implement the individual's right to a healthy environment.


Chapter II The Parliament

Article 19 [Powers and representation]
(1) The Parliament is the supreme body of State power and popular representation in the Republic of Hungary.
(2) Exercising its rights based on the sovereignty of the people, the Parliament shall ensure the constitutional order of society and define the organization, orientation and conditions of government.
(3) Within this sphere of authority, the Parliament shall--
a) adopt the Constitution of the Republic of Hungary;
b) pass legislation;
c) define the country's social and economic policy;
d) assess the balance of public finances, approve the State Budget and its implementation;
e) decide on the Government's program;
f) conclude international treaties of outstanding importance to the foreign relations of the Republic of Hungary;
g) decide on the declaration of a state of war and on the conclusion of peace;
h) declare a state of national crisis and establish the National Defense Council, in the case of war, or imminent danger of armed attack by a foreign power (danger of war);
i) declare a state of emergency, in the case of armed actions aimed at overturning constitutional order or at the acquisition of exclusive control of public power, in the case of acts of violence committed by force of arms or by armed groups which gravely endanger lives and property on a mass scale, and in the event of natural or industrial disaster;
j) with the exceptions laid down in the Constitution, rule on the use of the armed forces both abroad and within the country, the deployment of foreign armed forces in Hungary or in other countries from the territory of Hungary, the participation of the armed forces in peacekeeping missions, humanitarian operations in foreign theaters, and the stationing of the armed forces abroad or of foreign armed forces in Hungary;
k) elect the President of the Republic, the Prime Minister, the members of the Constitutional Court, the Parliamentary Ombudsmen, the President and Vice-Presidents of the State Audit Office, the President of the Supreme Court and the General Prosecutor;
l) upon recommendation made by the Government, which shall first be submitted to the Constitutional Court for its review, dissolve representative bodies of local government whose actions have been found unconstitutional, decide on the territory of counties, their designation and seat, as well as the declaration of cities with county-level rights and the establishment of the Districts of the Capital;
m) exercise general amnesty.
(4) A majority of two-thirds of the votes of the Members of Parliament shall be required for the decisions specified in points g), h) and i) of Paragraph. 3.
(5) {...}
(6) A majority of two-thirds of the votes of the Members of Parliament in attendance shall be required for the decision specified in point j) of Paragraph (3).

Article 19A [State of war, national crisis or emergency]
(1) Should the Parliament be obstructed in reaching such decisions, the President of the Republic shall have the right to declare a state of war, a state of national crisis and establish the National Defense Council, or to declare a state of emergency.
(2) The Parliament shall be considered to be obstructed in reaching such decisions, if it is not in session and convening it is impossible due to lack of time or due to the events responsible for the declaration of the state of war, state of national crisis or state of emergency.
(3) The Speaker of Parliament, the President of the Constitutional Court and the Prime Minister shall jointly determine whether the Parliament is obstructed, and whether a declaration of a state of war, a state of national crisis or a state of emergency is justified.
(4) At its first meeting following the end of the obstruction, the Parliament shall review the justification of the declaration of a state of war, state of national crisis or state of emergency, and shall rule on the legality of the measures taken. A majority of two-thirds of the votes of the Members of Parliament is required for this decision.

Article 19B [National Defence Council]
(1) During a state of martial law, the National Defense Council shall decide
a) on the use of the armed forces abroad and within the country, the participation of the armed forces in peacekeeping missions, humanitarian operations in foreign theaters, and the stationing of armed forces in a foreign country,
b) on the deployment of foreign armed forces in Hungary or in other countries from the territory of Hungary, and on the stationing of foreign armed forces in Hungary,
c) on the introduction of emergency measures as defined in a separate law.
(2) The National Defense Council is chaired by the President of the Republic, and is composed of the following members: the Speaker of Parliament, the floor leaders of the political parties represented in Parliament, the Prime Minister, the Ministers, and the Chief of Staff of the Hungarian Armed Forces with the right of consultation.
(3) The National Defense Council shall exercise -
a) the powers transferred to it by the Parliament;
b) the powers of the President of the Republic;
c) the powers of the Government.
(4) The National Defense Council may pass decrees, which may suspend the application of certain laws or which may deviate from the provisions of certain laws. Furthermore, it may take other extraordinary measures, but may not, however, suspend the application of the Constitution.
(5) Decrees passed by the National Defense Council shall lose validity upon cessation of the state of national crisis, unless the Parliament extends the validity of such decrees.
(6) The operation of the Constitutional Court may not be restricted during a state of national crisis.

Article 19C [Use of armed forces, emergency measures]
(1) Should Parliament be obstructed upon declaration of a state of emergency, the President of the Republic shall decide on the use of the armed forces under Subsection (2) of Section 40B.
(2) The President of the Republic shall introduce emergency measures, which are defined in a separate law, by decree during a state of emergency.
(3) The President of the Republic shall immediately inform the Speaker of Parliament of any emergency measures that have been introduced. The Parliament or, should the Parliament be obstructed, the Parliamentary Defense Committee shall remain in session during a state of emergency. The Parliament, or the Parliamentary Defense Committee, shall have the right to suspend emergency measures introduced by the President of the Republic.
(4) Emergency measures introduced by decree shall remain in force for a period of thirty days, unless the Parliament or, should the Parliament be obstructed, the Parliamentary Defense Committee extends their validity.
(5) In other respects the regulations pertaining to a state of national crisis shall apply to a state of emergency.

Article 19D [The law on the state of crisis or emergency]
A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law specifying the detailed regulations to be applied during a state of national crisis and a state of emergency.

Article 19E [Foreign attack]
(1) In the event that the territory of Hungary is subject to an unexpected attack by foreign armed units, immediate action shall, in accordance with the defense plan approved by the Government and the President of the Republic, be taken - with forces that are commensurate to the gravity of the attack and equipped for such a role - prior to the declaration of a state of emergency or a state of martial law in order to repel such attack, defend the territorial integrity of the country with the active air and air defense forces of the Hungarian and allied armed forces, ensure constitutional order and the security of lives and property, protect public order and safety.
(2) In the interest of determining further measures to be taken, the Government shall immediately inform the Parliament and the President of the Republic on the measures taken on the basis of Paragraph (1).
(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law specifying the regulations applicable to immediate measures to be taken by the Government.

Article 20 [Election, mandate]
(1) The general election of Members of Parliament - with the exception of elections held due to the declaration of the Parliament's dissolution or the Parliament having been dissolved - shall be held in the month of April or May in the fourth year following the election of the previous Parliament.
(2) Members of Parliament shall carry out their duties in the public interest.
(3) Members of Parliament are granted parliamentary immunity, in accordance with the regulations of the law defining the legal status of Members of Parliament.
(4) Members of Parliament are entitled to compensation adequate to ensure their independence, to specified allowances and to reimbursement of their expenses. A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the amount of compensation, reimbursement of expenses and allowances.
(5) A Member of Parliament may not be the President of the Republic, a member of the Constitutional Court, the Ombudsman for Civil Rights, the President, Deputy President or auditor of the State Audit Office, a judge or prosecutor, an employee of a public administration body - with the exception of the Members of the Government and Parliamentary State Secretaries - nor a professional member of the armed forces, the police or other security organs. Other cases of conflict of interest may be established by law.
(6) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the legal status of Members of Parliament.

Article 20A [End of the mandate]
(1) The mandate of a Member of Parliament shall end -
a) upon completion of the term of Parliament;
b) upon the death of the Member of Parliament;
c) upon declaration of a conflict of interest;
d) upon resignation;
e) upon disfranchisement.
(2) A majority of two-thirds of the votes of the Members of Parliament present shall be required for the Parliament to establish a conflict of interest.
(3) Members of Parliament may resign their mandate by making a statement to this effect to the Parliament. A statement of acceptance by the Parliament is not required for the resignation to be effective.

Article 21 [Organization]
(1) The Parliament shall elect the Speaker of Parliament, Deputy Speakers and Clerks from among its Members.
(2) The Parliament shall establish standing committees from among its members and may delegate a committee for the investigation of any issue whatsoever.
(3) Everyone is obliged to provide Parliamentary Committees with the information requested and is obliged to testify before such committees.

Article 22 [Sessions]
(1) The Parliament shall hold two regular sessions annually: every year from the 1st of February through the 15th of June and from the 1st of September through the 15th of December.
(2) The inaugural sitting of the Parliament shall be convened by the President of the Republic within a period of one month following the elections; in other cases the Speaker of Parliament is responsible for convening sessions of the Parliament and its individual sittings.
(3) Upon written request by the President of the Republic, the Government or one-fifth of the Members of Parliament, an extraordinary sitting of the Parliament shall be convened. Such request shall contain the grounds for convening the extraordinary sitting, as well as the proposed date and agenda.
(4) The Parliament may be adjourned by the President of the Republic no more than once per parliamentary session and for a period not to exceed thirty days.
(5) During the period of adjournment the Speaker of Parliament shall re-convene the Parliament, at a date no later than eight days following the receipt of a written request to this effect, signed by one-fifth of the Members of Parliament.

Article 23 [Publicity]
Sittings of the Parliament are open to the public. Upon petition by the President of the Republic, the Government or any Member of Parliament and with the assent of two-thirds of its Members, the Parliament may decide to hold a closed sitting.

Article 24 [Quorum, procedure]
(1) The Parliament has a quorum if no less than half of its members are present.
(2) The Parliament shall pass decisions with a majority of one-half of the votes of the Members of Parliament present.
(3) A majority of two-thirds of the votes of the Members of Parliament is required to amend the Constitution and for certain decisions specified therein.
(4) The Parliament shall establish its rules of procedure and speaking order in the House Rules. A majority of two-thirds of the votes of the Members of Parliament present is required to pass the House Rules.
(5) {....}

Article 25 [Legislative initiative]
(1) Legislation may be initiated by the President of the Republic, the Government, all Parliamentary Committees, and any Member of Parliament.
(2) The authority to pass legislation is vested in the Parliament.
(3) The Speaker of Parliament shall sign laws which have been passed by the Parliament and subsequently send such laws to the President of the Republic.

Article 26 [Promulgation]
(1) The President of the Republic shall ensure promulgation of the law within a period of fifteen days following its receipt, or within a period of five days if the Speaker of Parliament requests that the issue be accorded urgency. The President of the Republic shall ratify the law sent for promulgation. The law shall be promulgated in the Official Gazette.
(2) Should the President of the Republic disagree with a law or with any provision of a law, prior to ratification, he shall refer such law, along with his comments, to the Parliament for reconsideration within the period of time specified in Par. (1).
(3) The Parliament shall debate the law again and hold another vote on its passage. The President of the Republic is required to ratify and promulgate the law sent to him by the Speaker of Parliament following this procedure, within a period of five days.
(4) Should the President of the Republic have reservations about the constitutionality of any provision of a law, he may refer such law to the Constitutional Court for review within the period of time specified in Par. (1) prior to ratification.
(5) Should the Constitutional Court - in special proceedings - determine the law to be unconstitutional, the President of the Republic shall refer such law to the Parliament; otherwise he shall ratify and promulgate the law within a period of five days.
(6) The President of the Republic shall ratify the law subject to national referendum if such law is confirmed by the national referendum.

Article 27 [Questions]
Any Member of Parliament may direct a question to the Ombudsman for Civil Rights and the Ombudsman for the Rights of National and Ethnic Minorities, to the President of the State Audit Office and the President of the National Bank of Hungary, to the Government or any of the Members of the Government, as well as to the General Prosecutor on matters which fall within their respective sphere of authority.

Article 28 [Term, dissolution]
(1) The term of Parliament commences from its inaugural sitting.
(2) The Parliament has the right to declare its dissolution prior to the completion of its term.
(3) The President of the Republic has the right to dissolve the Parliament, simultaneously with the announcement of new elections, if -
a) the Parliament passes a motion of no-confidence in the Government on no less than four occasions in a period of twelve months during the course of one term, or;
b) in the event that the mandate of the Government ends, a candidate for Prime Minister proposed by the President of the Republic is not elected by the Parliament within a period of forty days from the day upon which the first candidate is nominated.
(4)
(5) Prior to dissolving the Parliament, the President of the Republic is required to request the opinions of the Prime Minister, the Speaker of Parliament and the floor leaders of the parties represented in the Parliament.
(6) A new Parliament shall be elected within a period of three months following the declaration of the Parliament's dissolution or the Parliament having been dissolved.
(7) The Parliament shall continue to operate until the inaugural sitting of the new Parliament.

Article 28A [Interdictions of dissolution]
(1) During a state of national crisis or a state of emergency the Parliament may neither declare its dissolution nor be dissolved.
(2) Should a term of Parliament expire during a state of national crisis or a state of emergency, its mandate shall be extended until the cessation of the state of national crisis or state of emergency.
(3) During a state of war, the danger of war or an emergency, the President of the Republic may reconvene a Parliament which has declared its dissolution or which has been dissolved. The Parliament itself shall pass a resolution on the extension of its mandate.

Article 28B [Referenda]
(1) The subject of national referenda or popular initiatives may fall under the jurisdiction of the Parliament.
(2) A majority of two-thirds of the votes of the Members of Parliament present shall be required for the Parliament to pass the law on national referenda and popular initiatives.

Article 28C [National referendum]
(1) A national referendum may be held for reaching a decision or for an expression of opinion. Carrying out a national referendum may be mandatory or may be the result of the consideration of a matter.
(2) A national referendum shall be held if so initiated by at least 200,000 voting citizens.
(3) If a national referendum is mandatory, the result of the successfully held national referendum shall be binding for the Parliament.
(4) 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.
(5) National referendum may not be held on the following subjects:
a) on laws on the central budget, the execution of the central budget, taxes to the central government and duties, customs tariffs, and on the central government conditions for local taxes,
b) obligations set forth in valid international treaties and on the contents of laws prescribing such obligations,
c) the provisions of the Constitution on national referenda and popular initiatives,
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.
(6) A national ratification referendum shall be considered successful if more than half of the votes of the citizens voting are valid, but at least more than one-quarter of all eligible voters have given the same answer in the referendum.

Article 28D [Popular initiative]
At least 50,000 voting citizens are required for a national popular initiative. A national popular initiative may be for the purpose of forcing the Parliament to place a subject under its jurisdiction on the agenda. The Parliament shall debate the subject defined by the national popular initiative.

Article 28E [Signatures]
In order to call a national referendum, signatures may be collected for a period of four months in the case of a civic initiative, and for a period of two months in the case of a national popular initiative.


Chapter III The President of the Republic

Article 29 [Role]
(1) Hungary's Head of State is the President of the Republic, who represents the unity of the nation and monitors the democratic operation of the State.
(2) The President of the Republic is the Commander in Chief of the armed forces.

Article 29A [Election]
(1) The Parliament shall elect the President of the Republic for a term of five years.
(2) Any enfranchised Hungarian citizen who has reached the age of thirty-five prior to the date of the election may be elected to the office of President of the Republic.
(3) The President of the Republic may be re-elected to such office no more than once.

Article 29B [Nomination, election procedure]
(1) The election of the President of the Republic shall be preceded by the nomination of a candidate. The written recommendation of no less than fifty Members of Parliament is required for such a nomination to be valid. The nomination must be submitted to the Speaker of Parliament prior to the announcement of the election. No Member of Parliament may nominate more than one candidate. If a Member of Parliament nominates more than one candidate, all nominations made by the Member shall be invalid.
(2) The Parliament shall elect the President of the Republic by secret ballot. Voting may be repeated should this prove necessary. The candidate who receives a majority of two-thirds of the votes of the Members of Parliament in the first round of voting is elected President of the Republic.
(3) Should no candidate receive such a majority in the first round of voting, the voting process must be repeated, in accordance with Par. (1). A majority of two-thirds of the votes of the Members of Parliament shall also be required to be elected in the second round of voting.
(4) Should no candidate win the required majority in the second round of voting, a third round of voting shall be held. In the third round of voting only those two candidates who received the largest numbers of votes in the second round may stand for election. The candidate receiving a majority of the votes - regardless of the number of votes cast - in the third round of voting is elected President of the Republic.
(5) The election procedure shall be completed within a period of no more than three consecutive days.

Article 29C [Timing]
(1) The President of the Republic must be elected within a period of 30 days prior to the expiration of the President's mandate or, should the President's mandate end prematurely, within 30 days from the date upon which the mandate ends.
(2) The Speaker of Parliament shall announce the elections for the office of President of the Republic.

Article 29D [Entering office]
The newly elected President of the Republic shall enter office upon expiration of the previous President's mandate or, should the President's mandate end prematurely, on the eighth day following the announcement of the result of the elections. Prior to entering office, the President of the Republic shall take an oath before Parliament.

Article 29E [Acting President]
(1) In the event that the President should be temporarily prevented from attending to his duties, or that his mandate should for any reason end prematurely, the Speaker of Parliament shall exercise the powers of the President of the Republic until the newly elected President enters office. Such powers are limited to the extent that the Speaker may not refer laws to the Parliament for consideration, nor to the Constitutional Court for review, may not dissolve the Parliament, and may only grant pardons to individuals upon whom final conviction has been passed.
(2) While acting as the President of the Republic, the Speaker of Parliament may not exercise his powers as a Member of Parliament, and his duties as Speaker of Parliament shall be attended to by the Deputy Speaker of Parliament designated by the Parliament.

Article 30 [Incompatibilities]
(1) The office of President of the Republic is incompatible with all other public, social and political offices or mandates. The President of the Republic shall not be otherwise gainfully employed and shall not accept remuneration for other activities, with the exception of such activities which fall under the protection of copyright.
(2) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the amount of compensation, allowances and reimbursement due to the President of the Republic.

Article 30A [Powers]
(1) The President of the Republic shall -
a) represent the State of Hungary;
b) conclude international treaties in the name of the Republic of Hungary; if the subject of the treaty falls within its legislative competence, prior ratification by the Parliament is necessary for conclusion of the treaty;
c) accredit and receive ambassadors and envoys;
d) announce general parliamentary and local government elections, mayoral elections as well as the dates of the European parliamentary elections and national referenda;
e) have the right to participate in and speak at sittings of the Parliament and of its committees;
f) have the right to petition the Parliament to take action;
g) have the right to initiate national referenda;
h) appoint and dismiss State Secretaries, in accordance with regulations specified in a separate law;
i) appoint and dismiss the President and Vice-Presidents of the National Bank of Hungary, and university professors upon the recommendation of persons or organizations specified in a separate law; appoint and dismiss the university rectors; appoint and promote Generals of the armed forces; confirm the President of the Hungarian Academy of Sciences;
j) confer titles, orders, awards and decorations specified by law and authorize the use thereof;
k) exercise the right to grant individual pardons;
l) issue rulings in cases of citizenship;
m) issue rulings in all issues assigned to his sphere of authority on the basis of separate laws.
(2) The counter-signature of the Prime Minister or responsible Minister is required for all of the measures and actions of the President of the Republic listed in Paragraph (1), with the exception of the items specified in Points a), d), e), f) and g).

Article 31 [End of the mandate]
(1) The mandate of the President of the Republic shall end -
a) upon completion of the term of office;
b) upon the death of the President;
c) upon incapacitation preventing him from attending to his duties for a period of more than ninety days;
d) upon declaration of a conflict of interest;
e) upon resignation;
f) upon removal from the office of President.
(2) Should grounds for a conflict of interest [Article 30, Par. (1)] involving the President of the Republic arise during his term of office, any Member of Parliament may petition the Parliament to decide on a declaration of a conflict of interest. A majority of two-thirds of the votes of the Members of Parliament is necessary to carry such a resolution. Voting shall be held by secret ballot.
(3) The President of the Republic may resign from office by addressing a statement to this effect to the Parliament. A statement of acceptance on behalf of the Parliament is required for the resignation to be valid. Within a period of fifteen days the Parliament may request that the President of the Republic reconsider the decision. Should the President of the Republic stand by the decision, the Parliament may not deny recognition of his resignation.
(4) The President of the Republic may be removed from office on the basis of an intentional violation of the Constitution or any other law committed while in office.

Article 31A [Inviolability]
(1) The person of the President of the Republic is inviolable; protection from criminal prosecution shall be granted by a separate law.
(2) Should the President of the Republic violate the Constitution or any other law while in office, a motion supported by one-fifth of the Members of Parliament may propose that impeachment proceedings be initiated against the President of the Republic.
(3) A majority of two-thirds of the votes of the Members of Parliament is required to initiate impeachment proceedings. Voting shall be held by secret ballot.
(4) From passage of this resolution by the Parliament until the conclusion of the impeachment proceedings, the President of the Republic may not attend to any of the duties of his office.
(5) The Constitutional Court shall have jurisdiction in such cases.
(6) Should the Constitutional Court determine that the law was violated, it shall have the authority to remove the President of the Republic from office.
(7)-(8) {...}

Article 32 [Impeachment]
(1) If impeachment proceedings are initiated against the President of the Republic on the basis of an indictable offense committed in connection with official activities while in office, then the Constitutional Court shall also apply the basic provisions of criminal prosecution in its proceedings. The prosecution shall be represented by a Special Prosecutor elected from among the Members of Parliament.
(2) In other cases, criminal proceedings against the President of the Republic may only be initiated subsequent to the end of his term of office.
(3) Should the Constitutional Court find the President of the Republic guilty of an intentional criminal offense, it may remove the President of the Republic from office and simultaneously apply any punishment and measures prescribed for such offense in the Penal Code.


Chapter IV The Constitutional Court

Article 32A [Powers, organization]
(1) The Constitutional Court shall review the constitutionality of laws and attend to the duties assigned to its jurisdiction by law.
(2) The Constitutional Court shall annul any laws and other statutes that it finds to be unconstitutional.
(3) Everyone has the right to initiate proceedings of the Constitutional Court in the cases specified by law.
(4) The Constitutional Court shall consist of eleven members who are elected by the Parliament. Members of the Constitutional Court shall be nominated by the Nominating Committee which shall consist of one member of each political party represented in the Parliament. A majority of two-thirds of the votes of the Members of Parliament is required to elect a member of the Constitutional Court.
(5) Members of the Constitutional Court may not be members of a political party and may not engage in any political activities outside of the responsibilities arising from the Constitutional Court's sphere of jurisdiction.
(6) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law regulating the organization and operation of the Constitutional Court.


Chapter V The Parliamentary Ombudsman for Civil Rights and the Parliamentary Ombudsman for the Rights of National and Ethnic Minorities

Article 32B [Ombudsman]
(1) The Parliamentary Ombudsman for Civil Rights is responsible for investigating or initiating the investigation of cases involving the infringement of constitutional rights which come to his attention and initiating general or specific measures for their remedy.
(2) The Parliamentary Ombudsman for the Rights of National and Ethnic Minorities is responsible for investigating or initiating the investigation of cases involving the infringement of the rights of national or ethnic minorities which come to his attention and initiating general or specific measures for their remedy.
(3) Everyone has the right to initiate proceedings by the Parliamentary Ombudsmen in the cases specified by law.
(4) The Parliamentary Ombudsmen for Civil Rights and for the Rights of National and Ethnic Minorities shall be elected by a majority of two-thirds of the votes of the Members of Parliament, based on the recommendation made by the President of the Republic. The Parliament may also elect special Ombudsmen for the protection of individual constitutional rights.
(5)
(6) The Parliamentary Ombudsmen shall present the Parliament with an annual report on their activities.
(7) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on Parliamentary Ombudsmen.


Chapter VI The State Audit Office and the National Bank of Hungary

Article 32C [State Audit Office]
(1) The State Audit Office is the organ of Parliament responsible for financial and economic auditing. Within its sphere of authority the State Audit Office shall control the management of public finances, in the course of which it shall review the fundamental soundness of the proposed State Budget, review the necessity and expediency of expenditures, and countersign contracts pertaining to the assumption of credits for the Budget; it shall review the legality of proposed State Budget expenditures in advance; it shall audit the final accounts of the implementation of the State Budget; it shall monitor the management of State assets, audit state-owned enterprises and their activities directed at the maintenance or increase of the value of their assets; it shall attend to other duties assigned to its sphere of authority by law.
(2) The State Audit Office shall carry out its review and control activities bearing in mind the aspects of legality, expediency and efficiency. The State Audit Office shall present the Parliament with a report on the auditing activities it has carried out. Its report shall be made public. The President of the State Audit Office shall present the Parliament with the audit report on the final accounts together with the final accounts themselves.
(3) A majority of two-thirds of the votes of the Members of Parliament is required to elect the President and Vice-Presidents of the State Audit Office.
(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the organization and basic principles of operation of the State Audit Office.

Article 32D [National Bank of Hungary]
(1) The National Bank of Hungary is the central bank of the Republic of Hungary. The National Bank of Hungary shall define the country's monetary policy in accordance with the provisions of specific other legislation.
(2) The President of the National Bank of Hungary is appointed by the President of the Republic for a term of six years.
(3) The President of the National Bank of Hungary shall present the Parliament with a report on the activities of the National Bank once every year.


Chapter VII The Government

Article 33 [Organization]
(1) The Government shall consist of -
a) the Prime Minister and
b) the Ministers.
(2) The Prime Minister shall designate a Minister to act as Deputy Prime Minister.
(3) The Prime Minister shall be elected by a majority of the votes of the Members of Parliament, based on the recommendation made by the President of the Republic. The Parliament shall hold the vote on the election of the Prime Minister and on the passage of the Government's program at the same time.
(4) The Ministers shall be appointed and dismissed by the President of the Republic, based on the recommendation made by the President of the Republic.
(5) The Government is formed upon appointment of the Ministers. Subsequent to its formation, the Members of the Government shall take an oath before Parliament.

Article 33A [End of the mandate]
The Government's mandate shall end -
a) upon formation of the newly elected Parliament;
b) upon resignation of the Prime Minister or the Government;
c) upon the death of the Prime Minister;
d) upon disfranchisement of the Prime Minister,
e) upon establishment of a conflict of interest on the part of the Prime Minister, or
f) if the Parliament passes a motion of no-confidence in the Prime Minister and elects a new Prime Minister in accordance with the provisions of Par. (1), Article 39A.

Article 33B [End of the mandate of minister\lquote s]
The Minister's term shall cease -
a) upon completion of the Government's term,
b) upon the Minister's resignation,
c) upon the Minister's dismissal,
d) upon the death of the Minister,
e) upon disfranchisement of the Minister,
f) upon declaration of a conflict of interest.

Article 34 [List of Ministries]
The list of Ministries of the Republic of Hungary shall be contained in a separate law.

Article 35 [Powers]
(1) The Government shall -
a) defend constitutional order, and defend and ensure the rights of the natural person, legal persons and unincorporated organizations;
b) ensure the implementation of laws;
c) direct and co-ordinate the work of the Ministries and other organs placed under its direct supervision;
d) ensure that the legal operation of local government is monitored, in co-operation with the Minister of the Interior;
e) ensure the formulation of social and economic policies and the implementation thereof;
f) define State responsibilities in the development of science and culture, and ensure the necessary conditions for the implementation thereof;
g) define the State system of social welfare and health care services, and ensure sufficient funds for such services;
h) supervise the operation of the armed forces and of the police and other security organs;
i) take the measures necessary to limit and alleviate the consequences of natural disasters that endanger lives and property (hereinafter referred to as a state of danger) and to maintain public order and safety;
j) participate in the development of foreign policy; conclude international treaties in the name of the Government of the Republic of Hungary;
k) attend to those responsibilities assigned to its sphere of authority by law.
(2) Within its sphere of authority, the Government shall issue decrees and pass resolutions, which shall be signed by the Prime Minister. Government decrees and resolutions may not conflict with the law. Government decrees shall be promulgated in the Official Gazette.
(3) In a state of danger the Government, if authorized to do so by the Parliament, may issue decrees and pass resolutions which deviate from the provisions of certain laws. A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law establishing the regulations to be applied in a state of danger.
(4) With the exception of legal statutes, the Government shall annul or amend all legally irreconcilable resolutions or measures taken by any subordinate public authorities.

Article 36 [Co-operation]
In the course of fulfilling its responsibilities, the Government shall co-operate with the relevant social organizations.

Article 37 [Prime Minister, Ministers]
(1) The Prime Minister shall preside over sessions of Government and shall ensure the implementation of Government decrees and resolutions.
(2) The Ministers shall head the branches of public administration falling within their respective portfolios and direct the public authorities they are responsible for in accordance with the law and Government resolutions. Ministers without Portfolio shall attend to the responsibilities determined by the Government.
(3) In the course of administering their duties, Members of the Government may issue decrees. Such decrees, however, may not stand in conflict with the law or with Government decrees or resolutions. Decrees shall be promulgated in the Official Gazette.

Article 38
{...}

Article 39 [Responsability]
(1) The Government is responsible to the Parliament for its operation and is required to furnish the Parliament with regular reports on its work.
(2) Members of the Government are responsible to the Government and to the Parliament and shall provide the Government and the Parliament with reports on their activities. The legal status, compensation and method of accountability of Members of the Government and State Secretaries shall be regulated by law.
(3) Members of the Government may participate and speak at sittings of Parliament.

Article 39A [Motion of no-confidence]
(1) A motion of no-confidence in the Prime Minister may be initiated by a written petition, which includes the nomination for a candidate for the office of Prime Minister, by no less than one-fifth of the Members of Parliament. A motion of no-confidence in the Prime Minister is considered a motion of no-confidence in the Government as well. Should, on the basis of this motion, the majority of the Members of Parliament withdraw their confidence, then the candidate nominated for Prime Minister in the motion shall be considered to have been elected.
(2) The debate and vote on the motion of no-confidence shall be held no earlier than three days from the date of proposal and no later than eight days from the date of proposal.
(3) The Government, via the Prime Minister, may propose a vote of confidence in accordance with the period of time specified in Paragraph (2).
(4) The Government, via the Prime Minister, may propose that the vote on the motion it has made simultaneously be considered as a vote of confidence.
(5) Should the Parliament fail to give the Government a vote of confidence in accordance with the provisions of Paragraphs (3)-(4), the Government shall resign.

Article 39B [Remainig in office]
Should the mandate of the Government end, the Government shall remain in office until the formation of the new Government and shall continue to exercise the rights accorded to it; the Government, however, may not conclude international treaties and may only issue decrees with the express authorization of a law, in cases when delay is not permissible.

Article 39C [Interime Prime Minister]
(1) If the term of the Prime Minister is terminated upon formation of the newly elected Parliament or upon the resignation of the Prime Minister or the Government, the Prime Minister shall remain in office as an interim Prime Minister until the new Prime Minister is elected, but may not motion for the nomination or dismissal of ministers and may only issue decrees upon the express authorization of law in urgent cases.
(2) If the term of the Prime Minister is terminated due his death, disfranchisement or upon declaration of a conflict of interest, the minister appointed by the Prime Minister for his office shall hold, with the restrictions defined in Subsection (1), the Prime Minister's office until the new Prime Minister is elected; or the minister appointed on the first place if more than one minister have been appointed.

Article 40 [Committees, government bodies]
(1) The Government has the right to form committees for specific responsibilities.
(2)
(3) The Government has the right to place any branch of public administration under its direct supervision and create separate government bodies for this purpose.


Chapter VIII The Armed Forces and the Police

Article 40A [Duty]
(1) The fundamental duty of the armed forces (Hungarian Army, Border Guard) is the military defense of the country and participation in collective defense duties under international treaty. As part of its security activities, the Border Guard shall guard the borders of the country, monitor and control border traffic, and maintain order on the borders. A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law establishing the duties and detailed regulations of the armed forces.
(2) The fundamental duty of the police is to maintain public safety and domestic order. A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the police and the detailed regulations pertaining to issues of national security.

Article 40B [Use of armed forces]
(1) {...}
(2) In the event of armed actions aimed at overturning constitutional order or at the acquisition of exclusive control of public power, or in the case of grave acts of violence committed by force of arms or by armed groups which endanger lives and property on a mass scale, during a state of emergency declared in accordance with the provisions of the Constitution, the armed forces may be used, if the use of the police proves insufficient.
(3) Within the framework of the Constitution, only Parliament, the President of the Republic, the National Defense Council, the Government and the responsible Minister shall have the right to command the armed forces, unless otherwise provided by international treaties. Provisions pertaining to commanding the armed forces and the executive leadership of the Hungarian Armed Forces shall be laid down by an act, for the passage of which a majority of two-thirds of the votes of the Members of Parliament present is required, while the detailed regulations shall be set forth by the Government.
(4) Professional members of the armed forces, the police and other civil national security services may not be members of political parties and may not engage in political activities.
(5) Restrictions on the political activities of non-professional members of the armed forces may be established by a law passed by a majority of two-thirds of the votes of the Members of Parliament present.

Article 40C []
The Government shall have the power to authorize - in due observation of Section 19E - allied armed forces to engage in patrol missions with the active air and air defense forces for the protection and defense of the territory of the country.


Chapter IX Local Governments

Article 41 [Administrative units]
(1) The territory of the Republic of Hungary is divided into the following administrative units: the capital, the counties, the cities and communities.
(2) The capital is divided into districts. Districts may be formed in cities as well.

Article 42 [Right to local government]
Eligible voters of the communities, cities, the capital and its districts, and the counties have the right to local government. Local government refers to independent, democratic management of local affairs and the exercise of local public authority in the interests of the local population.

Article 43 [Fundamental rights of local governments]
(1) The fundamental rights of all local governments (see Article 44A) are equal. The duties of local governments may differ.
(2) The rights and duties of local governments shall be determined by law. The lawful exercise of the powers of local government is afforded the legal protection of the courts and any local government may appeal to the Constitutional Court for the protection of its rights.

Article 44 [Exercise of the right to local government]
(1) Eligible voters exercise the right to local government through the representative body that they elect and by way of local referendum.
(2) With the exception of mid-term elections, the mayor and the members of local representative bodies shall be elected in the month of October in the fourth year following the previous general elections.
(3) The mandate of the representative body shall expire on the day of the general local government elections. If no elections are held due to the lack of nominees, the mandate of the representative body shall extend to the day of the mid-term elections. The mandate of the mayor shall expire upon the election of the new mayor.
(4) A representative body may declare its dissolution prior to the expiration of its mandate and in accordance with the conditions stipulated in the law on local governments. Upon dissolution of the body [Article 19, Paragraph (3), Point l)] the mandate of the Mayor also ends.

Article 44A [Representative body]
(1) The local representative body -
a) shall independently manage and administrate the affairs of local government and its decisions may only be reviewed with respect to their legality;
b) shall exercise the rights of ownership in the assets of local government, independently manage local government revenues, and may undertake business activities at its own liability;
c) shall be entitled to its own revenues for attending to the duties of local government as prescribed by law, and shall furthermore be entitled to state support commensurate to the scope of such duties;
d) shall determine the types and rates of local taxes in accordance with the framework established by law;
e) shall independently establish its own organization and rules of procedure in accordance with the framework established by law;
f) may develop symbols and emblems of government, and establish local honors and titles;
g) may present proposals to the authorities responsible for decisions that affect the local population;
h) may freely merge with other local representative bodies and create associations of local government for the representation of their interests, may co-operate with the local governments of other countries and may be a member of international associations of local government.
(2) Local representative bodies may issue decrees, which may not conflict with legal statutes of a superior order.

Article 44B [Mayor]
(1) The Mayor is the chairman of the local representative body. The representative body may elect committees and create offices.
(2) In exceptional cases the Mayor may attend to state administrative duties and authorities in addition to his responsibilities of local government, in accordance with the law or a government decree authorized by law.
(3) State administrative duties and authority may be assigned to the Clerk of local representative bodies and in exceptional cases to the Director of the Office of Local Government.

Article 44C [Law on local governments]
A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on local governments. The fundamental rights of local governments may be restricted by a law which also requires a two-thirds majority.


Chapter X The Judiciary

Article 45 [Administration of justice]
(1) In the Republic of Hungary justice is administered by the Supreme Court of the Republic of Hungary, the appeals courts, the Municipal Court of Budapest, the county courts and the local and labor courts.
(2) Special courts for specific groups of cases may be established by law.

Article 46 [Councils]
(1) The courts shall, unless otherwise prescribed by law, administer justice through councils.
(2) Non-professional judges shall also participate in the cases and in the manner prescribed by law.
(3) Only professional judges may fill the office of single judges and presidents of council.

Article 47 [Supreme Court]
(1) The Supreme Court is the supreme court authority for justice of the Republic of Hungary.
(2) The Supreme Court shall assure the uniformity of the administration of justice by the courts and its resolutions concerning uniformity shall be binding for all courts.

Article 48 [President of the Supreme Court]
(1) Based on the recommendation made by the President of the Republic, the Parliament shall elect the President of the Supreme Court; based on the recommendation made by the President of the Supreme Court, the President of the Republic shall appoint the Deputy Presidents of the Supreme Court. A majority of two-thirds of the votes of the Members of Parliament is required to elect the President of the Supreme Court.
(2) The President of the Republic shall appoint professional judges in the manner specified by law.
(3) Judges may only be removed from office on the grounds and in accordance with the procedures specified by law.

Article 49
{...}

Article 50 [Powers, National Council of Justice]
(1) The courts of the Republic of Hungary shall protect and uphold constitutional order, as well as the rights and lawful interests of natural person, legal persons and unincorporated organizations, and shall determine the punishment for those who commit criminal offenses.
(2) The courts shall review the legality of the decisions of public administration.
(3) Judges are independent and answer only to the law. Judges may not be members of political parties and may not engage in political activities.
(4) Administration of the courts shall be exercised by the National Council of Justice; self-government bodies for the representation of judges shall also participate in such administration.
(5) A majority of two-thirds of the votes of the Members of Parliament present shall be required for the Parliament to pass the laws on the structure and supervision of courts and on the legal status and remuneration of judges.


Chapter XI The Office of the Public Prosecutor

Article 51 [Powers]
(1) The General Prosecutor and the Office of the Public Prosecutor of the Republic of Hungary ensure the protection of the rights of the natural person, legal persons and unincorporated organizations, maintain constitutional order and shall prosecute to the full extent of the law any act which violates or endangers the security and independence of the country.
(2) The Office of the Public Prosecutor shall exercise rights specified by law in connection with investigations, shall represent the prosecution in court proceedings, and shall be responsible for the supervision of the legality of penal measures.
(3) The Office of the Public Prosecutor shall help to ensure that everybody comply with the law. When the law is violated, the Office of the Public Prosecutor shall act to uphold the law in the cases and manner specified by law.

Article 52 [General Prosecutor]
(1) The Parliament shall elect a candidate for General Prosecutor upon the recommendation made by the President of the Republic; the President of the Republic shall appoint the Deputies to the General Prosecutor on the basis of the recommendation made by the General Prosecutor.
(2) The General Prosecutor shall answer to the Parliament and shall provide a report on his activities.

Article 53 [Public prosecutors]
(1) Public prosecutors are appointed by the General Prosecutor of the Republic of Hungary.
(2) Public prosecutors may not be members of political parties and may not engage in political activities.
(3) The Office of the Public Prosecutor is directed by the General Prosecutor.
(4) The regulations pertaining to the Office of the Public Prosecutor shall be determined by law.


Chapter XII Fundamental Rights and Duties

Article 54 []
(1) In the Republic of Hungary everyone has the inherent right to life and to human dignity. No one shall be arbitrarily denied of these rights.
(2) No one shall be subject to torture or to cruel, inhuman or humiliating treatment or punishment. Under no circumstances shall anyone be subjected to medical or scientific experiments without his prior consent.

Article 55 []
(1) In the Republic of Hungary everyone has the right to freedom and personal security; no one shall be deprived of his freedom except on the grounds and in accordance with the procedures specified by law.
(2) Any individual suspected of having committed a criminal offense and held in detention shall either be released or shall be brought before a judge within the shortest possible period of time. The judge is required to grant the detained individual a hearing and shall immediately prepare a written ruling with a justification for either releasing the detainee or having the individual placed under arrest.
(3) Any individual subject to illegal arrest or detainment is entitled to compensation.

Article 56 []
In the Republic of Hungary everyone is legally capable.

Article 57 []
(1) In the Republic of Hungary everyone is equal before the law and has the right to have the accusations brought against him, as well as his rights and duties in legal proceedings, judged in a just, public trial by an independent and impartial court established by law.
(2) In the Republic of Hungary no one shall be considered guilty until a court has rendered a final legal judgment determining criminal culpability.
(3) Individuals subject to criminal proceedings are entitled to legal defense at all stages of the proceedings. Defense lawyers may not be held accountable for opinions expressed in the course of the defense.
(4) No one shall be declared guilty and subjected to punishment for an offense that was not a criminal offense under Hungarian law at the time such offense was committed.
(5) In the Republic of Hungary everyone may seek legal remedy, in accordance with the provisions of the law, to judicial, administrative or other official decisions, which infringe on his rights or justified interests. A law passed by a majority of two-thirds of the votes of the Members of Parliament present may impose restrictions on the right to legal remedy in the interest of, and in proportion with, adjudication of legal disputes within a reasonable period of time.

Article 58 []
(1) Everyone legally staying or residing in the territory of the Republic of Hungary - with the exception of the cases established by law - has the right to move freely and to choose his place of residence, including the right to leave his domicile or the country.
(2) Foreigners legally residing in the territory of the Republic of Hungary may only be deported on the basis of a resolution reached in accordance with the law.
(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the freedom of movement and residence.

Article 59 []
(1) In the Republic of Hungary everyone has the right to the good standing of his reputation, the privacy of his home and the protection of secrecy in private affairs and personal data.
(2) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the secrecy of personal data.

Article 60 []
(1) In the Republic of Hungary everyone has the right to freedom of thought, freedom of conscience and freedom of religion.
(2) This right shall include the free choice or acceptance of a religion or belief, and the freedom to publicly or privately express or decline to express, exercise and teach such religions and beliefs by way of religious actions, rites or in any other way, either individually or in a group.
(3) The church and the State shall operate in separation in the Republic of Hungary.
(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the freedom of belief and religion.

Article 61 []
(1) In the Republic of Hungary everyone has the right to freely express his opinion, and furthermore to access and distribute information of public interest.
(2) The Republic of Hungary recognizes and respects the freedom of the press.
(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the public access to information of public interest and the law on the freedom of the press.
(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the supervision of public radio, television and the public news agency, as well as the appointment of the directors thereof, on the licensing of commercial radio and television, and on the prevention of monopolies in the media sector.

Article 62 []
(1) The Republic of Hungary recognizes the right to peaceful assembly and shall ensure the free exercise thereof.
(2) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right of assembly.

Article 63 []
(1) On the basis of the right of assembly, everyone in the Republic of Hungary has the right to establish organizations whose goals are not prohibited by law and to join such organizations.
(2) The establishment of armed organizations with political objectives shall not be permitted on the basis of the right of assembly.
(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right of assembly and the financial management and operation of political parties.

Article 64 []
In the Republic of Hungary everyone has the right to present, individually or together with others, written petitions or complaints to the relevant public authority.

Article 65 []
(1) In accordance with the conditions established by law, the Republic of Hungary shall, if neither their country of origin nor another country provides protection, extend the right of asylum to foreign citizens who, in their native country or the country of their usual place of residence, are subject to persecution on the basis of race or nationality, their alliance with a specific social group, religious or political conviction, or whose fear of being subject to persecution is well founded.
(2) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right to asylum.

Article 66 []
(1) The Republic of Hungary shall ensure the equality of men and women in all civil, political, economic, social and cultural rights.
(2) In the Republic of Hungary mothers shall receive support and protection before and after the birth of the child, in accordance with separate regulations.
(3) Separate regulations shall ensure the protection of women and youth in the workplace.

Article 67 []
(1) In the Republic of Hungary all children have the right to receive the protection and care of their family, and of the State and society, which is necessary for their satisfactory physical, mental and moral development.
(2) Parents have the right to choose the form of education given to their children.
(3) Separate regulations shall establish the responsibilities of the State with regard to the situation and protection of the family and youth.

Article 68 []
(1) The national and ethnic minorities living in the Republic of Hungary participate in the sovereign power of the people: they represent a constituent part of the State.
(2) The Republic of Hungary shall provide for the protection of national and ethnic minorities and ensure their collective participation in public affairs, the fostering of their cultures, the use of their native languages, education in their native languages and the use of names in their native languages.
(3) The laws of the Republic of Hungary shall ensure representation for the national and ethnic minorities living within the country.
(4) National and ethnic minorities shall have the right to form local and national bodies for self-government.
(5) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the rights of national and ethnic minorities.

Article 69 []
(1) In the Republic of Hungary no one shall be denied of his Hungarian citizenship against his will and no Hungarian citizen may be expelled from the territory of the Republic of Hungary.
(2) Hungarian citizens may always return to Hungary from abroad.
(3) All Hungarian citizens are entitled to enjoy the protection of the Republic of Hungary while legally residing or staying abroad.
(4) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on citizenship.

Article 70 []
(1) All adult Hungarian citizens residing in the territory of the Republic of Hungary have the right to be elected and the right to vote in Parliamentary elections, local government elections or minority self-government elections, provided that they are present in the country on the day of the election or referendum, and furthermore to participate in national or local referenda or popular initiatives.
(2) Persons residing in the territory of the Republic of Hungary as immigrants who do not have Hungarian citizenship also have the right to vote in local government elections of representatives and the Mayor, as well as the right to participate in local referenda and popular initiatives, in accordance with the regulations of a separate law, provided that they are present in the country on the day of the election or referendum.
(3) The right to vote shall not be granted to persons who are under guardianship limiting or excluding their capacity, to persons who are subject to a final legal judgment forbidding them to participate in public affairs, nor to persons who are incarcerated on the basis of a final legal judgment or who are under compulsory institutional care on the basis of a final legal judgment rendered in criminal proceedings.
(4) All Hungarian citizens have the right to participate in public affairs, and furthermore to hold public office in accordance with their suitability, education and professional ability.

Article 70A []
(1) The Republic of Hungary shall respect the human rights and civil rights of all persons in the country without discrimination on the basis of race, color, gender, language, religion, political or other opinion, national or social origins, financial situation, birth or on any other grounds whatsoever.
(2) The law shall provide for strict punishment of discrimination on the basis of Paragraph (1).
(3) The Republic of Hungary shall endeavor to implement equal rights for everyone through measures that create fair opportunities for all.

Article 70B []
(1) In the Republic of Hungary everyone has the right to work and to freely choose his job and profession.
(2) Everyone has the right to equal compensation for equal work, without any discrimination whatsoever.
(3) All persons who work have the right to an income that corresponds to the amount and quality of work they carry out.
(4) Everyone has the right to leisure time, to free time and to regular paid vacation.

Article 70C []
(1) Everyone has the right to establish or join organizations together with others with the objective of protecting his economic or social interests.
(2) The right to strike may be exercised within the framework of the law regulating such right.
(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right to strike.

Article 70D []
(1) Everyone living in the territory of the Republic of Hungary has the right to the highest possible level of physical and mental health.
(2) The Republic of Hungary shall implement this right through institutions of labor safety and health care, through the organization of medical care and the opportunities for regular physical activity, as well as through the protection of the urban and natural environment.

Article 70E []
(1) Citizens of the Republic of Hungary have the right to social security; they are entitled to the support required to live in old age, and in the case of sickness, disability, being widowed or orphaned and in the case of unemployment through no fault of their own.
(2) The Republic of Hungary shall implement the right to social support through the social security system and the system of social institutions.

Article 70F []
(1) The Republic of Hungary guarantees the right of education to its citizens.
(2) The Republic of Hungary shall implement this right through the dissemination and general access to culture, free compulsory primary schooling, through secondary and higher education available to all persons on the basis of their ability, and furthermore through financial support for students.

Article 70G []
(1) The Republic of Hungary shall respect and support the freedom of scientific and artistic expression, the freedom to learn and to teach.
(2) Only scientists are entitled to decide in questions of scientific truth and to determine the scientific value of research.

Article 70H []
(1) All citizens of the Republic of Hungary have the obligation to defend their country.
(2) Based on the general obligation to defend the country, citizens shall complete armed or unarmed military service, or complete civil service in accordance with the conditions established by law.
(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the obligation to complete military service.

Article 70I []
All natural persons, legal persons and unincorporated organizations have the obligation to contribute to public revenues on the basis of their income and wealth.

Article 70J []
In the Republic of Hungary parents and guardians have the obligation to ensure the education of their young children.

Article 70K []
Claims arising from infringement on fundamental rights, and objections to the decisions of public authorities regarding the fulfillment of duties may be brought before a court of law.


Chapter XIII The Basic Principles of Elections

Article 71 [Elections]
(1) Members of Parliament, members of representative bodies of local governments, Mayors and the Mayor of the Capital are elected by direct, secret ballot by voting citizens, based on their universal and equal right to vote.
(2) The members of the local government representative bodies of counties shall elect the president of the representative body by direct, secret ballot. The president must be a Hungarian citizen.
(3) Separate laws shall establish provisions for the election of Members of Parliament, Members of the European Parliament and members of representative bodies of local governments and mayors. A two-thirds majority vote of the Members of Parliament present is required to pass such laws.
(4) A separate law shall establish provisions for the election of representatives of minority self-governments. A two-thirds majority vote of the Members of Parliament present is required to pass such laws.

Article 72
{...}

Article 73
{...}


Chapter XIV The Capital and National Symbols of the Republic of Hungary

Article 74 [Capital]
The Capital of the Republic of Hungary is Budapest.

Article 75 [National anthem]
The national anthem of the Republic of Hungary is the poem "Himnusz" by Ferenc Kölcsey, set to the music of Ferenc Erkel.

Article 76 [National Flag, Coat of Arms]
(1) The National Flag of the Republic of Hungary is a tricolor consisting of horizontal red, white and green bands of even width.
(2) The Coat of Arms of the Republic of Hungary is a vertically divided shield with a rounded base coming to a point. The left field contains eight horizontal bars of red and silver. The right field has a background of red and depicts a base of three green hills with a golden crown resting on the center hill and a silver patriarchal cross issuing from the middle of the crown. The Holy Crown of St. Stephen rests on the top of the shield.
(3) A majority of two-thirds of the votes of the Members of Parliament is required to pass the law on the Coat of Arms and National Flag of the Republic of Hungary and the use thereof.


Chapter XV Final Provisions

Article 77 [Constitution]
(1) This Constitution is the supreme law of the Republic of Hungary.
(2) This Constitution and laws and statutes established in accordance with this Constitution are equally binding for everybody of the country.
(3) {...}

Article 78 [Entering into effect]
(1) The Constitution of the Republic of Hungary shall enter into effect on the day of its promulgation; the Government shall ensure its implementation.
(2) The Government shall propose the Bills necessary to implement this Constitution to the Paliament.

Article 79 [Referendum on EU accession]
A peremptory national referendum shall be held concerning the accession of the Republic of Hungary to the European Union under the conditions laid down in the accession treaty. The date of this referendum is 12 April 2003. The question of the referendum shall read as follows: "Do you agree that the Republic of Hungary should become a member of the European Union?'.

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