The rights and obligations of Members of the National Assembly

The legal status of Members; the exercise of Members' rights

Members of the National Assembly shall be elected by direct and secret ballot by citizens eligible to vote, based on universal and equal suffrage in elections which guarantee the free expression of the voters' will in a manner laid down in a cardinal act (Article 2(1) of the Fundamental Law).

Unless an act or the Rules of Procedure provide otherwise, Members of the National Assembly exercise their rights personally (Sec. 28(5) of the Act).

Members of committees may participate in committee meetings personally or by proxy (Sec. 20(1) of the Act).

Right to be elected as officers – right to form organisations

In the absence of an exemption laid down in the Act, any Member of the National Assembly is eligible to be elected as an officer or as a member of a committee of the National Assembly (Sec. 28(3) of the Act).

As defined in Sec. 2(1)–(3) of the Resolution, the right to form a parliamentary group inures to Members of the National Assembly belonging to the same party provided that it had nominated a party list and won mandates in the most recent general election or to Members belonging to a legal successor to that party. Members of the National Assembly belonging to parties that nominated a common party list and won mandates in the most recent general election or to legal successors to those parties have the right to form a joint or independent parliamentary group in accordance with the provisions laid down in Sec. 2(1) and (3) of the Resolution (Sec. 1(1) of the Resolution).

Members of the National Assembly may form certain special interest groups to achieve goals that are unrelated to their activities as Members; these groups, however, are not classified as parliamentary groups (Sec. 6 of the Resolution).

Rights and obligations to participate and attend

Members have rights and obligations to play an active role in the work of the National Assembly and to promote its operation. Members are under obligation to attend sittings of Parliament and meetings of the parliamentary committee of which they are a member (Sec. 28(1) of the Act).

Except for members of the government and ministers of state, all Members of the National Assembly must be afforded the opportunity to participate in the work of at least one committee as laid down in Sec. 14(1) (Sec. 17(2) of the Act).

Members representing a nationality, Members awarded a mandate as candidates on a nationality list and nationality advocates may use their mother tongue when taking the floor and in documents submitted, provided that they indicate their intention to use their mother tongue (Sec. 38/B(1)–(2) of the Act).[2]

They may also request that their remarks made pursuant to Sec. 38/B(2) of the Act be recorded in the report of proceedings in their mother tongue (Sec. 131(4) of the Resolution).

Members taking the floor may use Hungarian sign language (Sec. 38/C(1) of the Act).

When the presiding chair takes the floor away from a speaker without a reminder and a warning, the speaker may request an ad hoc opinion from the Committee on the Rules of Procedure (Sec. 49(1) of the Act).

Members may request to be given the floor on urgent matters following the orders of the day (Sec. 18(9) of the Resolution).

Members may take the floor for one minute to make a proposal concerning the orders of the day or a point on the orders of the day (Sec. 19(1) of the Resolution).

If personally affected, Members may request permission to take the floor in a debate which is subject to a strict order of discussion (Sec. 20(1) of the Resolution).

During a discussion of proposed legislation, proposed resolutions or proposed policy statements and during a policy debate, the principal speaker of a parliamentary group and Members of the National Assembly who request permission to take the floor in advance in writing may address Parliament from the podium (Sec. 23(1) of the Resolution).

Members may register to take the floor during the general debate of a legislative proposal (Sec. 35(1) of the Resolution).

When Parliament has closed a debate, it may be addressed by the following (pursuant to Sec. 39(2) of the Resolution):

  • one Member of the National Assembly from each parliamentary group;
  • the first nationality MP to register to take the floor on an item on the orders of the day affecting nationality interests or rights;
  • the first independent Member to register to take the floor; and
  • the first nationality advocate to register to take the floor on an item on the orders of the day affecting nationality interests or rights, provided no other nationality MP has taken the floor.

In the debate on a proposed amendment, the following may take the floor for the following amount of time prior to the final vote (pursuant to Sec. 54(3) of the Resolution):

  • parliamentary groups are allowed five minutes each;
  • a nationality MP or nationality advocate invited to speak on behalf of the Committee Representing Nationalities on an item on the orders of the day affecting nationality interests or rights is permitted five minutes; and
  • independent Members are allotted a total of three minutes.

After the proposer has spoken on a subject entered in the Order Book, he or she may speak again in response to remarks that may be made by the following (pursuant to Sec. 58(6) of the Resolution):

  • one Member of the National Assembly from each parliamentary group;
  • the nationality MP or nationality advocate invited to speak on behalf of the Committee Representing Nationalities on an item on the orders of the day affecting nationality interests or rights; and
  • the first independent Member to register to take the floor.

During a debate on a proposed constitutional review, the following may assert their respective positions:

  • a Member of the National Assembly from each parliamentary group representing the position of that group;
  • the nationality MP or nationality advocate invited to speak on behalf of the Committee Representing Nationalities on an item on the orders of the day affecting nationality interests or rights; and
  • the first independent Member to register to take the floor.

The proposer of a constitutional review has the right to respond prior to the vote (Sec. 76(11)–(12) of the Resolution).

Members who propose amendments to a proposed decision may participate in the committee meeting that has the detailed debate of the single motion on its draft agenda (Sec. 111(2) of the Resolution).

If Parliament is requested to make a decision on an opinion adopted by the Committee on the Rules of Procedure, a Member from the parliamentary group that made the motion and an independent Member may take the floor first during the plenary discussion. One Member from each parliamentary group may assert the position of the parliamentary group, and the first independent Member to register to take the floor may also express an opinion. A Member from the parliamentary group that made the motion, an independent Member and a speaker designated by the Committee on the Rules of Procedure may take the floor to respond to the remarks made pursuant to para. (1) (Sec. 138(1)–(2) of the Resolution).

While the report of proceedings is made available to the public, Members may request rectification of their remarks erroneously placed in the report (Sec. 131(3) of the Resolution).

If, after casting votes electronically, a Member believes that the electronic log does not represent the vote the Member intended, the Member may notify the notaries of the National Assembly (Sec. 25(7) of the Resolution).

Rights to access and provide information

Members of the National Assembly may submit interpellations or questions to the Government or any of its Members on any matter within their competence (Article 7(2) of the Fundamental Law).

Members of the National Assembly may put questions to the Parliamentary Commissioner for Fundamental Rights, the President of the State Audit Office, the Prosecutor General and the President of the National Bank of Hungary on any matter within their competence (Article 7(1) of the Fundamental Law).

Members may ask instantaneous questions during the hour for instantaneous questions in the order set by the leader of their parliamentary group (Sec. 125(2) of the Resolution).

When asking an instantaneous question, Members may request that the addressee answer personally (Sec. 126(2) and (4) of the Resolution).

Members are permitted three minutes to make an interpellation and one minute to make a statement of acceptance or rejection of the response. Members have two minutes to ask regular questions. Members have two minutes to ask instantaneous questions and one minute to follow up on the response (Secs. 123(1), 124(4)b) and 126(3) of the Resolution).

Members may withdraw an interpellation no later than just before they begin to make it (Sec. 122(5) of the Resolution).

The following may take the floor during the plenary discussion of the committee report on the response to an interpellation: the speaker selected by the designated committee; the individual asserting the minority opinion; the Member submitting the interpellation; the addressee; one Member from each parliamentary group; and the first independent Member to register to take the floor (Sec. 123(5) of the Resolution).

State institutions are under obligation to support Members of the National Assembly in performing their duties and supply them with the information they require for their work (Sec. 98(1) of the Act).

Notwithstanding the Act on the Protection of Classified Information, Members may use the classified information required to perform their duties without personnel security clearance or a statement of confidentiality on the basis of a permit of use and shall abide by the requirements applicable to the protection of classified information (Sec. 98(2) of the Act).

Members enjoy free use of the postal and electronic communication services required to carry out their activities as Members via the Office of the National Assembly. Members are entitled to use monthly mobile phone service via the Office of the National Assembly at a value of no more than 30% of the current monthly minimum wage. The Office of the National Assembly provides Members with the option and conditions to use a certified electronic signature, the analysis, information and documentation services operated by the Office, and access to the publications and official documents of the National Assembly (Sec. 111(4)–(6) of the Act).

Members may view the report of proceedings at the office of the clerk over a period of three days after the certified report is posted for public display and may request rectification of their erroneously recorded remarks from the floor (Sec. 132(6) of the Resolution).

The Diary of the National Assembly shall be sent to Members within 15 days after the procedure described in Sec. 131(3) of the Act (Sec. 131(5) of the Resolution).

Access to European Union drafts laid down in the Act on the National Assembly and any other documents Parliament receives from the institutions of the European Union shall be made available to Members of the National Assembly, parliamentary groups, nationality advocates and the staff of the Office of the National Assembly (Sec. 139(1) of the Resolution).

A Member identity card authorises the Member to enter any institution of public administration, public institute or public institution. Members of the National Assembly are authorised to enter areas reserved for the operation of the Hungarian Defence Force, the Military National Security Service, law enforcement organisations and the customs organisation of the National Tax and Customs Authority in a manner regulated by the competent minister. Exercising this right to entry may not, however, disproportionately impact the operation of the affected institutions in line with their designated purpose (Sec. 98(4) of the Act).

Members of the National Assembly are authorised to enter areas reserved for the operation of the police, border guard, civil defence force and fire brigade upon presenting their Member identity cards for inspection and identifying the purpose of the visit in full compliance with the operating procedures of the organisation (pursuant to Interior Ministry Decree 2/1993 (2 February 1993) on granting access to Members of the National Assembly to areas reserved for the operation of the police, border guard, civil defence force and fire brigade).

Members of the National Assembly are authorised to enter areas reserved for the operation of high-, medium- and low-level organs of the Customs and Excise Guard upon presenting their Member identity cards for inspection and identifying the purpose of the visit in full compliance with the operating procedures of the organisation (pursuant to Finance Ministry Decree 19/1993 (1 July 1993) on granting access to Members of the National Assembly to areas reserved for the operation of the Customs and Excise Guard).

Members of the National Assembly are authorised to enter the facilities of the Information Authority upon presenting their Member identity cards for inspection and identifying the purpose of the visit in full compliance with the operating procedures of the Authority during office hours on business days (pursuant to Decree 1/1996 (19 June 1996) issued by a Minister without Portfolio on the rules for entering the facilities of civil national security services).

Right to make proposals and motions

Regarding the operation of Parliament

The National Assembly shall be convened to hold an extraordinary session or sitting upon a written request to that effect by one-fifth of the Members of the National Assembly (Sec. 35(1) of the Act).

A Member may request that Parliament hold a sitting in camera; the National Assembly may decide to hold a sitting in camera at the request of a Member supported by the votes of two-thirds of the Members of the National Assembly (Article 5(1) of the Fundamental Law).

A Member may request an ad hoc opinion from the Committee on the Rules of Procedure when a document submitted by the Member is rejected and the Member's request is supported by at least five Members of the National Assembly (Sec. 29(4) of the Resolution).

A Member may request that the National Assembly make a decision as described in Sec. 61(5) of Act XXXVI of 2012 on the National Assembly when a document submitted by the Member is rejected and the Member's request is supported by at least five Members of the National Assembly (Sec. 29(5) of the Resolution).

Upon a motion submitted in writing by at least one-fifth of the Members of the National Assembly, Parliament holds a debate on the comprehensive policy topic identified in the motion (Sec. 86(1) of the Resolution).

In response to a motion made by a Member of the National Assembly or another speaker from the floor, the Speaker may order an abridged version of the minutes of a sitting in camera, such that it does not contain classified information, personal data, trade secrets or any other data accorded protection under law (Sec. 133(5) of the Resolution).

One-fifth of the Members of the National Assembly may propose the formation of a committee of inquiry (Sec. 24(2) of the Act).

Regarding personnel decisions of the National Assembly

The election of the President of the Republic is preceded by a nomination process; nominations shall not be valid unless made in the form of a written recommendation supported by at least one-fifth of the Members of the National Assembly. Each Member of the National Assembly may recommend one candidate. If a Member of the National Assembly recommends more than one candidate, all recommendations made by that Member shall be invalid (Article 11(2) of the Fundamental Law).

One-fifth of all Members of the National Assembly may move to have the President of the Republic removed from office if the President wilfully violates the Fundamental Law or contravenes any Act in connection with the exercise of presidential functions or wilfully commits a criminal offence (Article 13(2) of the Fundamental Law).

They may submit a motion to establish that circumstances prevent the President of the Republic from fulfilling his or her presidential duties for over ninety days or that the conditions required for electing the President are not met or to declare a conflict of interest (Secs. 3 and 4(2) of Act CX of 2011).

One-fifth of all Members of the National Assembly may submit a written motion of no-confidence against the Prime Minister, together with the designation of a candidate for the office of Prime Minister (Article 21(1) of the Fundamental Law).

They may submit a written motion to declare a Prime Minister's conflict of interest or to establish that the conditions for electing the Prime Minister are not met (Sec. 24 of the Act on the Status of Members of the National Assembly).

They may submit a motion to declare the termination of the appointment of, and the removal from office of, the Parliamentary Commissioner and Deputy Commissioners for Fundamental Rights upon failure to eliminate the causes of a conflict of interest (Secs. 16(4)–(5) and 17(4)–(5) of the Act on Ombudsmen).

Regarding legislation and making policy statements

Members may propose legislation (Sec. 6(1) of the Fundamental Law).[3]
Members may submit proposed resolutions.
Members may submit a proposed policy statement (Sec. 82(1) of the Resolution).
Members may submit proposed amendments to:

  • laws (Sec. 40(1) of the Resolution) by 16.00 on the third day after the date of the sitting which approved the orders of the day that include the general debate of the proposed legislation as an item (Sec. 41(1) of the Resolution);[4]
  • proposed resolutions (Sec. 80(1) of the Resolution); and
  • policy statements (Sec. 82(1) of the Resolution).

Rights regarding labour law and social security

Employers shall grant unpaid leave to Members of the National Assembly for the period of their mandate or any part thereof as soon as their mandate is certified and in accordance with the relevant request from the Member as an employee (Sec. 96(2) of the Act).

A Member who was engaged as a prosecutor, as an individual employed under a service contract by the government or as a public servant, as an employee of an institution of public administration or as an employee subject to the Act on the Legal Status of Members of the Military and the Act on the Service Status of Professional Members of the Armed Forces shall be placed in a suitable job commensurate with the Member's training and qualifications in response to a written application filed by the Member within thirty days after his/her mandate expires (Sec. 96(3) of the Act).

The period covered by the mandate of a Member of the National Assembly, including the period of service provided after the expiry of the mandate, shall be regarded as full-time employment (40 hours a week) with regard to social security benefits and as a period of service toward pension benefits (Sec. 97(1) of the Act).

For the purposes of calculating employment as a government official, public employee or public servant or as an employee of a court or prosecution service, employment as a Member shall be treated as time spent in the relevant legal status (Sec. 97(1) of the Act).

With reference to the Act on the Legal Status of Soldiers and the Act on the Legal Status of Professional and Contracted Soldiers in the Hungarian Military, employment as a Member shall be treated as time spent in the relevant legal status (Sec. 97(1) of the Act).

The period spent as a Member of the National Assembly or as a Mayor of the House shall be treated as management experience. For the purposes of calculating management experience, the period during which the offices listed above were held shall be taken into account (Sec. 97(2) of the Act).

If a Member holds an office defined in Sec. 106(2), that office shall be used for the purposes of calculating the Member's eligibility for social security benefits (Sec. 97(3) of the Act).

Rights relating to disciplinary and law enforcement measures ("legal remedy")

A Member may request that the Committee on Immunity, Conflict of Interest, Discipline and Mandate Control rescind a decision brought under Sec. 51/A(1) if the decision brought under Sec. 51/A(1) affects the Member and he or she disagrees with it (Sec. 51/A(4) of the Act).

A Member may request that the Committee on Immunity, Conflict of Interest, Discipline and Mandate Control rescind a proposal made under Sec. 51/A(2) if the proposal made under Sec. 51/A(2) affects the Member and he or she disagrees with it (Sec. 51/A(5) of the Act).

A Member of the National Assembly may request that Parliament rescind a resolution brought under Sec. 51/A(1) if the Committee on Immunity, Conflict of Interest, Discipline and Mandate Control has rejected the request filed by the Member under para. (4) or has failed to decide by the due date specified in para. (6) (Sec. 51/A(9) of the Act).

A Member of the National Assembly against whom the chairperson presiding over a sitting has imposed a law enforcement measure may submit an objection to the Committee on Immunity, Conflict of Interest, Discipline and Mandate Control (Sec. 53(4) of the Act).

Other rights

A Member of the National Assembly is entitled to a diplomatic passport (Sec. 12(1)b) of Act XII of 1998 on Travel Abroad).

The obligations of Members of the National Assembly

Members have rights and obligations to play an active role in the work of the National Assembly and to promote its operation. Members are under obligation to attend sittings of Parliament and meetings of the parliamentary committee of which they are a member (Sec. 28(1) of the Act).

Members shall be present when Parliament votes (Sec. 28(2) of the Act).

When filing a document in their mother tongue, Members shall submit an official Hungarian translation of the document (Sec. 38/B(4) of the Act).

Members shall disclose their status as a Member to a court or authority proceeding in a case brought against them. If the immunity of a Member is violated, despite having met his or her obligation to make such a disclosure, the Member shall report the same to the Speaker of Parliament without delay (Sec. 76 of the Act).

The restriction laid down in Sec. 87(1) of the Act shall not apply to the allowances Members receive and the items they obtain free of charge from the National Assembly, their own parties, parliamentary groups or a foundation engaged in scholarship, popular education, research or instruction in support of a party's operations as required for Members to carry out their work or closely related to their work. Members shall keep a record of such allowances and items as part of their declaration of property (Sec. 87(2) of the Act).

Members of the National Assembly have thirty days after certification of their mandate or the first realisation of a conflict of interest and the Speaker of Parliament and Deputy Speakers have thirty days after being appointed to such offices to eliminate or to start eliminating any cause of a conflict of interest affecting them. Members may not exercise the rights inuring to a Member and are not entitled to remuneration unless they carry out the aforesaid (Sec. 91(1) of the Act).

If Parliament resolves to terminate a Member's mandate, the Member shall repay any and all remuneration disbursed to him or her as of the onset of the conflict of interest up to the termination of the mandate (Sec. 93(3) of the Act).

Members shall report forthwith in writing the property, income and ownership conditions shown on their own and their family members' declaration of property on receiving instructions to that effect from the Committee on Immunity, Conflict of Interest, Discipline and Mandate Control (Sec. 94(5) of the Act).

Members shall abide by the requirements pertaining to the protection of classified information of which they become aware during their activities as Members (Sec. 98(2) of the Act).

Members shall indicate in their proposed amendments the committee to which they apply for a discussion of the proposed amendment (Sec. 41(1)–(2) of the Resolution).

Obligation to submit a declaration of property and other statements

Members of Parliament initially submit a declaration of property thirty days after receiving their mandate, in turn by 31 January of each year, and finally within thirty days after their mandate expires (Sec. 90(1) of the Act on the National Assembly).

Members must attach to their declaration of property declarations with the same information for their spouse or partner and children sharing the same household with the Member (Sec. 90(2) of the Act on the National Assembly).

Members must keep a record of gifts and free benefits valued at above one-twelfth of the fee paid to a Member (Sec. 87(1) of the Act on the National Assembly)

Members failing to make a declaration of property may not exercise the rights inuring to Members and will not be remunerated until the omission is remedied (Sec. 90 of the Act on the National Assembly).

Unless the following involve a conflict of interest or incompatibility, Members must declare to the Speaker their

  • Mandate to act as mayor and the expiry of the term of office as mayor;
  • Independent business enterprise, participation (membership) in a business organisation or cooperative, and status as an executive officer in or a member of the supervisory board of such organisations;
  • Foundations, membership on a board of governors for a foundation, membership in a non-governmental organisation and status as an officer in the supreme administrative or representative bodies of such organisations as defined by law or in their charter; and
  • Membership in public bodies and status as an officer in the supreme administrative or representative organs of such bodies as defined by law or a charter (Sec. 89 of the Act on the National Assembly).

Conflict of interests

The mandate to act as a Member of Parliament is incompatible with any other office or post in state or local government or business, except for those specified in paras. (2) (Sec. 80(1) of the Act on the National Assembly (the Act)).

A Member may not be employed in another paid job, nor may a Member accept remuneration under a contract of employment other than as a researcher, teacher, artist, proof-reader or editor or for activities subject to intellectual property rights (Sec. 80(1) of the Act).

A Member elected or appointed as Prime Minister, Minister or Minister of State may not act as an officer of the National Assembly or as a member of a parliamentary committee (Sec. 80(3) of the Act).

A Member may not be

  • a sole or majority owner, senior officer or senior executive at a financial institution operating in the financial sector as defined in the Act on the Capital Market;
  • a member or shareholder with an ownership interest in a business organisation not classified as a transparent organisation under the Act on National Assets;
  • an executive or member of an institution or a person involved in preparing or making decisions at an institution that has been established for the purpose of awarding support based on ad hoc decisions and drawn from either the central budget subsystem, European Union funds or other programmes financed under international treaties to non-budgetary natural persons, legal entities and other organisations without legal personality, other than cooperatively owned residential buildings (Sec. 84 of the Act).

Members may not conclude an agreement during their term or for two years after it expires to acquire a stake in a business organisation controlled directly or indirectly, exclusively or by way of a majority holding by the Hungarian or a foreign state, a local government, a partnership of local governments or a foreign municipality, a party, or a domestic or foreign religious community (Sec. 85 of the Act).

The Member shall not refer to his or her capacity as a Member in professional or business affairs. (Sec. 86(2) of the Act).

Members may not obtain unauthorised access to information with reference to their mandate as a Member (Sec. 86(3) of the Act).

Members may not accept gifts or other free benefits tied to the Member's mandate that have a value higher than a Member's current monthly remuneration (Sec. 87(1) of the Act).

A conflict of interest shall be declared in respect of Members

if they have been sentenced in a final and binding judgement for a crime committed during their term of office, except in the event that the Member was barred from engaging in public affairs;

if they, having exhausted legal remedies, have an outstanding debt to the state and have left the debt unpaid for sixty days after receipt of notice to effect payment or, in the case of payment by instalments or payment deferral, have not complied with the stipulations of the relevant decision (Sec. 88 of the Act).

Members may submit a motion to initiate conflict of interest proceedings or to declare a conflict of interest (Sec. 91(4) of the Act; Parliamentary Resolution 10/2014 (the Resolution), Sec. 149(5)).

If a Member attends the sitting held to declare that Member's conflict of interest, the Member shall be heard if he/she so requests and shall be granted an opportunity to present evidence; however, that Member may not otherwise be present at the meeting of the body of inquiry (Sec. 150(3) of the Resolution).

The chairperson of the committee responsible for immunity, conflicts of interest, discipline and mandates notifies the Member involved that his/her conflict of interest case is being discussed as well as when and where the proceedings are to be held. If the Member attends, the Member shall be heard if he/she so requests; however, the Member may not otherwise be present at the committee sitting (Sec. 151(5) of the Resolution).

In the sitting of Parliament during which the conflict of interest is declared, the Member may take the floor for five minutes before the declaration (Sec. 152(3) of the Resolution).

Immunity

Members of Parliament shall be entitled to immunity (Article 4(2) of the Fundamental Law).

Members shall not be

a) detained or subjected to any forceful measures under criminal procedure unless caught in the act of committing a crime;

b) detained for minor offences or subjected to any forceful measures applicable in the case of minor offences unless caught in the act of committing a minor offence and provided the conditions for ordering detention for a minor offence exist (Sec. 74(2) of the Act on the National Assembly (the Act)).

Members may not waive their right to immunity unless subject to proceedings for a minor offence (Sec. 78 of the Act).

Upon the suspension of a Member's immunity, the Member may take the floor for two minutes prior to the orders of the day to notify Parliament of the final and binding completion of the proceedings (Parliamentary Resolution 10/2014 (the Resolution),  Sec. 18(8)).

Upon a Member's request, the Member shall be heard at the meeting of the committee responsible for immunity, conflicts of interest, discipline and mandates when it convenes to discuss the violation of the Member's immunity. The Member may not otherwise be present at the committee sitting (Sec. 146(3) of the Resolution).

The Member may take the floor for five minutes to discuss his/her immunity case before Parliament votes (Sec. 147(2) of the Resolution).

The rights and obligations of nationality advocates

Nationalities nominating a list of candidates but failing to win mandates are represented in the National Assembly by a nationality advocate. The nationality advocate shall be the candidate heading the nationality list (Sec. 18(1)–(2) of Act CCIII of 2011 on the Election of Members of the National Assembly).

In the event that the mandate of a nationality advocate terminates, the position will pass to a candidate selected by the nationality self-governing body or the candidate occupying the next position on the original national list. If no more candidates appear on the national list, the particular nationality will have no representation by a nationality advocate in Parliament until the mandate of the National Assembly terminates (Sec. 20(3) of Act CCIII of 2011 on the Election of Members of the National Assembly).

A nationality advocate may not act as president or member of a nationality self-governing body (Sec. 29/A(5) of the Act).

Nationality advocates shall have equal rights and obligations, they shall perform their activities in the interest of the public and the particular nationality, and they may not be given instructions regarding such activities (Sec. 29(1) of the Act).

The rights and obligations of nationality advocates shall be subject to the individual provisions of the Act applicable to Members of the National Assembly (Sec. 29/A(6) of the Act).

Nationality advocates may choose to take the oath before the National Assembly in Hungarian or in the nationality language upon being elected (Sec. 1(2) of the Oath Act).

In contrast to a Member of the National Assembly, the mandate of a nationality advocate terminates in the event he or she is no longer listed in the central register of names as a voting citizen of that particular nationality (Sec. 29/A(2) of the Act).

Parliament establishes with a two-thirds majority of Members of the National Assembly in attendance that a nationality advocate is no longer eligible as a candidate for the national election of Members as his or her name no longer appears in the central register of names as a voting citizen of that particular nationality; a two-thirds majority of Members in attendance is also required to declare a conflict of interest in respect of a nationality advocate (Sec. 61/A(2) of the Act).

A nationality advocate may take the floor at sittings of the National Assembly if according to the House Committee the item on the orders of the day affects the interests and rights of nationalities. Nationality advocates may take the floor regarding urgent matters in the manner provided in the Rules of Procedure following the discussion of an item on the orders of the day. Nationality advocates have no right to vote in Parliament (Sec. 29(2) of the Act).

Nationality advocates may address questions to the Government and members of government, the Parliamentary Commissioner for Fundamental Rights, the President of the State Audit Office and the Prosecutor General on matters within their competence affecting the interests and rights of nationalities (Sec. 29(4) of the Act).

Nationality advocates may submit proposed resolutions on matters affecting the interests and rights of nationalities (Sec. 29/A(6) of the Act).

The Committee Representing Nationalities may request that a proposed resolution rejected by the committee designated to enter items in the Order Book be entered in the Order Book nonetheless (Sec. 81(4) of the Resolution).

Nationality advocates may take the floor and submit documents in their mother tongue (Sec. 38/B(2) of the Act).

Nationality advocates shall give notification of their intention to take the floor in their mother tongue at least one day prior to the sitting or the committee meeting at which they wish to speak, or, in the event that modifications should be made to the orders of the day for the sitting or to the agenda for the meeting, the preliminary agenda, then notification shall be given without delay after this modification in respect of the modified agenda (Sec. 38/B(3) of the Act).

When filing a document in their mother tongue, nationality advocates shall submit a certified Hungarian translation of said document (Sec. 38/B(4) of the Act).

Nationality advocates have one minute to make a point of order on an item on the orders of the day affecting nationality interests or rights (Sec. 19(1) of the Resolution).

Nationality advocates shall be allowed to speak for at least 20 minutes on an item on the orders of the day affecting nationality interests or rights, which will not be counted against the time allotted (Sec. 37(2)g) of the Resolution).

Nationality advocates may take the floor for eight minutes during combined debates of matters affecting the interests and rights of nationalities and discussed as part of an extraordinary procedure (Sec. 63(3) of the Resolution).

Nationality advocates participate in and may vote on the Committee Representing Nationalities and may attend meetings of standing committees and the Committee on Legislation with consultative rights subject to a decision by the chairperson of the standing committee or the Committee on Legislation or to a decision made by the House Committee within the scope of the resolution mentioned in para. (2) (Sec. 29(3) of the Act).

Nationality advocates may attend closed meetings of parliamentary committees, provided they hold consultative rights under Sec. 29(3) (Sec. 58(3) of the Act).

 


[1] This only contains rights inuring to all Members of the National Assembly but not those rights exercised by Members as members of particular committees or those inuring to Members in their capacity as proposers of legislation.

[2] The language of the National Assembly and of discussions at meetings of parliamentary committees shall be Hungarian (Sec. 38/B (1) of the Act).

[3] Proposed legislation submitted by a Member of the National Assembly will be entered in the Order Book of the National Assembly if it is supported by a standing committee designated by the Speaker of Parliament (Sec. 58(1) of the Resolution).

[4] A proposer of legislation may not submit a proposed amendment to the same legislation, save the exceptions set forth in Secs. 32(1), 52(1) and 74(1) and in motions made with reference to Sec. 25(5) of Act CXCIV of 2011 on the Economic Stability of Hungary (Stability Act) so as to comply with a rule on the national debt (Sec. 40(1) of the Resolution).

Short titles of laws cited:

The Fundamental Law

=

The Fundamental Law of Hungary

The Act

=

Act XXXVI of 2012 on the National Assembly

The Resolution

=

Parliamentary Resolution 10/2014 (24 February 2014) on Certain Provisions of the Rules of Procedure

The Oath Act

=

Act XXVII of 2008 on the Oath and Pledge Taken by Certain Public Officials

Act CX of 2011

=

Act CX of 2011 on the Legal Status and Remuneration of the President of the Republic