Government

- Constitution of Hungary

Chapter VII - The Government

Article 33

(1) The Government consists of

a) The Prime Minister and

b) the ministers.

(2) The Prime Minister's substitute is the minister he has designated.

(3) The Prime Minister is elected by a simple majority vote of the Members of Parliament. Parliament decides on the election of the Prime Minister and on acceptance of the Government programme at the same time.

(4) The ministers are proposed by the Prime Minister, and appointed and relieved of their duties by the President of the Republic.

(5) The Government is formed when the ministers have been appointed. After the formation of the Government, its members take their oath of office before Parliament.

Article 33/A

The mandate of the Government ends

a) with the formation of the newly elected Parliament

b) with the resignation of the Prime Minister, or the Government

c) with the death of the Prime Minister, or

d) if, in accordance with the contents of para (1), Article 39/A, Parliament has carried a no-confidence motion in regard to the Prime Minister and elects a new Prime Minister.

Article 34

The enumeration of the ministries of the Republic of Hungary is contained in a separate law.

Article 35

(1) The Government

a) protects constitutional order, protects and ensures the rights of citizens

b) ensures the implementation of the laws

c) directs and coordinates the work of the ministries and of other organs directly subordinated to them

d) with the involvement of the Minister of the Interior, it ensures the control of the legality of the operation of the authorities,

e) ensures the elaboration of social and economic plans and sees to their implementation

f) determines the role of the State in scientific and cultural development and ensures the conditions for their realization

g) designates the State system of social welfare and medical care provisions, and ensures the conditions required.

h) it supervises the operation of the armed forces, of the police and of other law-and-order-maintenance agencies

i) takes the necessary measures to avert the consequences of natural disasters that jeopardize the security of the life and property of citizens (from here on, emergency situation), and to ensure public law and order and public security

j) participates in the determination of foreign policy and concludes international agreements on behalf of the Government of the Republic of Hungary

k) performs all functions the law refers to its competence.

(2) In its own sphere of functions the Government issues decrees and passes resolutions. These are signed by the Prime Minister. No decree and resolution of the Government may be contrary to the law. Decrees issued by the Government must be promulgated in the Official Gazette.

(3) In an emergency situation the Government, empowered by Parliament, may pass decrees and measures that deviate from the provisions of certain laws. For the ratification of the law on emergency rules, the affirmative votes of two thirds of the MPs present are necessary.

(4) Except for legal provisions, the Government annuls or amends all resolutions or measures passed by subordinate organs that are contrary to the law.

Article 36

In the performance of its functions, the Government cooperates with the social organizations concerned.

Article 37

(1) The Prime Minister presides over Government sessions and provides for the enforcement of Government decrees and resolutions.

(2) The ministers head the branches of public administration within their scope of functions, and direct the organs subordinated to them in conformity with legal provisions and Government resolutions. Ministers without portfolio perform functions designated by the Government.

(3) In the performance of their functions, the Prime Minister and the members of the Government may issue decrees. However, these must not be contrary to any law or any government decree and resolution. The decrees have to be promulgated in the Official Gazette.

Article 38 repealed

Article 39

(1) In the performance of its functions the Government is responsible to Parliament. It is bound to render account of its activities regularly to Parliament.

(2) The members of the Government are responsible for their work to the Government and to Parliament, and must report on their activities to both. Their legal status, pay and the manner in which they may be impeached are regulated by law.

(3) Members of the Government may participate in, and take the floor at, the sessions of Parliament.

Article 39/A

(1) A nonconfidence motion may - with the designation of the preferred candidate for Prime Minister - be launched against the Prime Minister on the written proposal of at least one fifth of the Members of Parliament. A nonconfidence motion against the Prime Minister is to be regarded as a nonconfidence motion against the Government. If the majority of the Members of Parliament have expressed nonconfidence in the motion, the candidate named as the choice for the new Prime Minister must be regarded as elected.

(2) The debate and voting on the motion must be held three days after it has been submitted at the soonest, and after eight days at the latest.

(3) Through the Prime Minister, the Government may propose a vote of confidence in compliance with the time limits set in para (2).

(4) Through the Prime Minister, the Government may also recommend that the voting over the proposal it put forward should be at the same time a vote of confidence.

(5) If Parliament does not vote its confidence to the Government as laid down in paragraphs (3) and (4), the Government must resign.

Article 39/B

If the mandate of the Government is terminated, the Government is to stay in office until the formation of the new Government and to exercise all Government rights. However, it must not conclude international agreements, and it may issue decrees only on the basis of express empowerment by the law in special cases when no delay is permissible.

Article 40

(1) For the discharge of certain functions, the Government may set up goverment committees.

(2) In any matter coming within the scope of state administration, the Government may take action directly or through any of its members.

(3) The Government is authorized to draw any branch of State administration directly under its control and to create special organs for this purpose.