$Unique_ID{COW01628} $Pretitle{365} $Title{Hungary The Parliament of the Republic of Hungary} $Subtitle{} $Author{Embassy of Hungary, Washington DC} $Affiliation{Embassy of Hungary, Washington DC} $Subject{parliament parliamentary mps hungarian parties committees new party factions individual} $Date{1990} $Log{Table 4.*0162801.tab Table 5.*0162802.tab Table 6.*0162803.tab } Country: Hungary Book: Hungarian-US relations Author: Embassy of Hungary, Washington DC Affiliation: Embassy of Hungary, Washington DC Date: 1990 The Parliament of the Republic of Hungary Parliamentary republic Parliamentarism in Hungary can boast traditions which stretch back many years. Popular representation in the civil sense was first introduced into the country under laws passed during the 1848 War of Independence. The 1990 elections, which marked the return of a multi-party democracy, were also the 34th time voters went to the polls in Hungarian legal history. In 1989-1990, the evolution of Hungarian society and of the Hungarian state, which came to an abrupt end in 1948-49, once again resumed its own natural course. With the new Constitution proclaimed on October 23, 1989-this date became the country's new national day-the Republic of Hungary assumed a genuinely European form of government as an independent, democratic, law-governed state. This was, in fact, a return to the spirit of Act I (1946) on republican satehood, and revived the idea of the distribution of power. The constitutional relationship between the three main participants in the administrative system-the President of the Republic, Parliament, and the Government-is determined by the classic democratic principle of checks and balances between the various branches of power. In Hungary, the parliamentary rights of dissolution, adjournment and veto indicate the extra weight the legislative branch has in the constitutional system. The institution of the constructive no-confidence motion is a special aspect of the Hungarian form of government, a feature that makes for stable administration over long periods. Single-chamber Parliament Up to 1945, the Hungarian Parliament consisted of two chambers: the House of Representatives and the Upper House. Both in its structure and appointment, the magnificent building in Budapest that is home to the parliamentary sessions still reflects the original aim of providing facilities for two chambers. However, since 1945, the Hungarian Parliament has been a unicameral institution and the recent, sweeping reforms in the country have done nothing to change that. In March and April, 1990, Hungary's single-chamber parliament was elected for a term of four years. It has 386 members, 176 of whom won their mandates as candidates in individual constituencies, 152 were elected on the basis of county and Budapest lists (20 constituencies in all), and 58 selected from the national party list on the basis of a nationwide summary of surplus votes. Regardless of the way they won their seats, each member of Parliament has exactly the same rights and obligations. Parliamentary elections: rules and procedures The law on parliamentary elections (Law 34, 1989) provides for a rather complicated, mixed electoral system, with individual constituencies fielding individual candidates on a democratic basis, and with party lists. As the name implies, these lists are reserve for parties, and the voter has to choose the party of his preference. In both cases, an absolute majority of votes is required to secure a seat. In a nutshell then, in this dual, two-vote system, the elector casts one vote in support of the individual representative he favours in a given constituency, and with his other ballot, supports the party of his choice. To be nominated in an individual constituency, a candidate needs a total of at least 750 recommendation slips signed by registered voters in that district. Similarly, a party is required to collect a minimum of 750 signatures before it may put up its own list of candidates. To put up a regional list, a party must have fielded candidates in at least a quarter of the individual constituencies, and in no circumstances fewer than two individual constituencies. In order to put up its own national list, a party must have met the conditions for compiling a minimum of seven regional lists. The Electoral Act passed in 1989 was intended as a law of political transition reflecting social realities, and this is why it introduced the mixed system. In actual fact, the original idea of the dual voting system thought up at the National Round Table did not live up to expectations. The vast majority of voters favoured the new large parties, which apparently inspired them with more confidence, on both their voting slips. This clearly demonstrated that personalities-all 1,623 of them, or nine per constituency-were of secondary consideration. The elections that took place in the spring of 1990 were clearly multi-party elections; they both gave rise to, and legitimized, a multi-party system. The composition of Parliament The dimensions of the change in regime are very clearly indicated by the number of new faces the spring elections gave to Parliament. As many as 95.6 per cent of the mandates went to new MPs, with only 17 MPs managing to hold onto their seats. Most of these were from the former opposition groups or were independent. A good many people who were earlier persecuted or sentenced to prison terms on account of their democratic opposition stand, now gained seats in Parliament. Today, Parliament is overwhelmingly composed of arts graduates. The largest single group of mandate-holders is made up of lawyers. The typical Hungarian MP is 46 and male. Women hold only 7.25 per cent of the seats. The general shift in the composition of Parliament seems to have been towards the "conscript father" type of representative, and reflects a special appreciation of professionalism. The most important aspect of the change is that Hungary's Parliament once again stands for a multi-party system of political representation, and expresses the political divisions that exist in the nation. Thanks to the fact that the law acts as a screen (the 4-per-cent rule for putting up lists, for instance), only six of the 29 parties which had managed to put up candidates actually remained in the running. The sound operation of the system of checks and balances, promoted the formation of a stable government coalition based firmly on the principle of parliamentary majority. The six strongest parties received the following percentages of representation in Parliament. [See Table 4.: The six strongest parties received the following percentages of representation in Parliament] Three of the six parliamentary parties today are new, and the remaining three figured earlier in Hungarian history. Of the historical parties, voters seemed to go for those which had been set up on entirely new foundations and identify with the major political trends in Europe. The three new parties-the MDF, SZDSZ, and FIDESZ received a total of 55.05% of the votes. The political composition of Parliament expresses the electorate's support for traditional European, and peculiarly Hungarian, political trends. The Christian national line has many adherents: as a matter of fact, religious preferences also played a part in the elections. Well represented in liberalism in its European and national versions. The tendency of voting against the past kept down the number of seats held by the Left and the Left Centre. Parliamentary factions In accordance with parliamentary procedure, representatives of parties that hold mandates and MPs who do not belong to any party may join forces and act together in permanent groups called factions. At the founding session of Parliament on May 2 and 3, 1990, the various parties announced that they had formed their factions, each with at least ten members. The leaders of these factions are as follows: MDF-Jozsef Antall (later, Imre Konya); SZDSZ-Peter Tolgyessy; FKgP-Jozsef Torgyan; MSZP-Imre Pozsgay; FIDESZ-Viktor Orban; KDNP-Tibor Fuzessy; independent MPs-Istvan Fodor. Following a certain amount of rearrangement after the joint candidates of two or more parties had begun to seek out factions and Zoltan Kiraly left the Hungarian Democratic forum (MDF), the forces in Parliament showed the following distribution in September, 1990: [See Table 5.: Forces in Parliament showed the following distribution in September, 1990:] The factions play an important role in the preparation of parliamentary decisions; and the initiatives, proposals and comments put forward on their behalf carry substantial political clout. Act LVI (1990) made provisions for fees, reimbursement of costs, concessions, and other entitlements for Members of Parliament, and it also ensures them office space, and typing and other office personnel. To have access to professional advisors in questions that require special assistance, all each faction has to do is pay for such services and present the bill. The standard of the work the factions carry out is, of course, largely influenced by the state and size of the party concerned, the degree of its internal democracy, material position, and the professional assistance it can rely on. There are significant differences in this respect between the individual factions, and consequently, each has developed its own distinct profile. The political role the factions assume in Parliament depends largely whether they support the on Government or the Opposition. The three-party Government coalition, made up of the Hungarian Democratic Forum, the Smallhorders' Party and the Christian Democratic People's Party, all tow a similar line, whereas the three opposition parties and the group of independent MPs go their own separate ways. Scope of decision-making The return to parliamentarism and the fact that Hungary has become a parliamentary republic, render Parliament the central factor in the administration of the country. This means that Parliament has considerable scope and extensive authority in decision-making. Hungary's transition to a law-governed state and the shift in regime required strenuous legislative efforts on the part of Parliament. The body's first act was to frame the law on the significance of the Revolution and Freedom Fight of October, 1956. During its first 100 days-that is, up to the beginning of the regular autumn session-Parliament passed nearly forty new laws. Parliament has substantial scope as regards the entire government organization. It elects the President of the Republic, the Prime Minister, the members of the Constitutional Court, the ombudsmen for civil rights and for national and ethnic minority rights, the president and vice-presidents of the State Audit Office, the president of the Supreme Court, and the Attorney General. Parliament also has more pronounced supervisory powers than before. Parliamentary control can be seen at work partly at the plenary sessions (interpellations, questions and answers, and ministerial reports), and partly in committees (e.g., hearings). In this control activity the constitutional institutions attached to Parliament-such as the State Audit Office, which is Parliament's financial and economic control body, and the ombudsmen, who deal with the observation of civil rights-provide assistance in this supervisory activity. (As yet, the ombudsmen have not actually been appointed; for the moment only the institution exists). Other traditional powers of Parliament listed in the constitution include exercising amnesty, calling referenda, deciding about the deployment of armed forces at home or abroad, dissolving any local representative body whose operation is unconstitutional, etc. A comparison of the constitutional competence of the Hungarian Parliament with the authority of other national assemblies will confirm that Parliament is the strongest branch of the state administration in Hungary. Organization: parliamentary committees The present organizational framework-i.e., the officers and committees of Parliament-was created at the founding session of Parliament. Parliament has a Speaker, three deputy speakers and eight minute-takers. The Speaker of Parliament (until August 3, 1990, acting speaker) is Gyorgy Szabad (MDF). The deputy speakers are Alajos Dornbach (SZDSZ), Matyas Szuros (MSZP), and Vince Voros (FKgP). As the highest-ranking officer and public dignitary, the Speaker is the central figure both at Parliamentary sessions and during the preparations for them. He is the chairman of the House Committee, convenes and opens meetings, and puts forward motions on the agenda. He conducts the debates of parliament, enjoys a wide scope of authority (e.g., disciplinary rights), and plays a significant role in parliamentary decision-making. The new Parliament set up ten standing and four special committees. [See Table 6.: Parliamentary Committees] The House Committee is a kind of top coordinating committee that makes for smoothness and efficiency in the work of Parliament. Its chairman is the Speaker of Parliament, and its members are the parliamentary deputy speakers and the faction leaders. Parliament may delegate a committee to probe into any question (ad hoc committees). The composition of the parliamentary committees corresponds to the election returns the various parties had. Parliamentary committees in Hungary are not open, and although they regularly consult with experts, their actual members are exclusively MPs. The committees are the consultative, advisory and control bodies of Parliament, and they play a particularly important role in its legislative work and supervisory and control activity. The committees initiate legislation, submit motions for amendments and decide on a multitude of motions put forward by MPs. The supervisory rights of the committees are based on the constitution. All bodies and people are duty-bound to supply data and information when requested to do so by the parliamentary committees, and to appear at a hearing before them if summoned. Until the recent change in regime, the unified official organization of the Hungarian Parliament was not very large. It consisted of a general secretary, the Office and the secretariat of the Speaker. Forming the new mechanism to support Parliament in its everyday work is already under way. The Parliamentary Library, the reference library for MPs and a storehouse of political history, is in the building. Parliamentary procedure Since May 2, 1990, the Hungarian Parliament holds two regular sessions a year: it now sits in permanent session from February 1 until June 15, and from September 1 until December 15. In the summer of 1990, it held an extraordinary session. Parliament holds its plenary meetings on the first two days of the week; and the committees meet on the following two days. MPs generally spend the last workday of each session in their constituencies. Sessions of Parliament are open to the public; in fact the media are present, and there are regular and live televised and radio broadcasts of plenary meetings. There is a quorum in Parliament when over half the MPs are present. The general procedure is that decisions need the votes of two-thirds of those present to be carried, but for constitutional amendments and some other important decisions, the votes of two-thirds of the total parliamentary membership are required. The forces present on the political scene are in this way brought into play according to their actual balance. There is soon to be a new parliamentary procedure. The legal status of MPs Although the individual constituencies still exist, MPs enjoy full immunity (e.g., no recall is possible). MPs represent the entire people and work for the public good; they are not subject to instructions, and need not accept assignments; they simply have to heed their own conscience. Though legally their mandates are completely free, politically speaking, MPs belonging to the parliamentary parties obviously have to adhere to the policies of their factions. MPs involved in major parliamentary activities are vested with certain important rights under the Constitution. For instance, they may initiate legislation, ask questions, and put forward interpellations. Some of the rights are attached to the individual MP and others to a group of MPs (e.g., it takes at least one-fifth of MPs to initiate a no-confidence motion). Act LV (1990) on the legal status of MPs regulates parliamentary immunity in both its well-known historical senses, viz., non-accountability for what they say in the heat of parliamentary debates, and immunity in cases not connected with parliamentary work. That same law and the Constitution laid down a number of incompatibility rules in view of the principle of power sharing. Incompatibility extends particularly to public offices, and means that no MP may also, at the same time, be a judge or prosecutor or hold a state administration post. Apart from the cases of incompatibility mentioned in the law, an MP may remain in employment or pursue paid private work during his term in Parliament. In other words, the law does not require full-time parliamentary service but leaves the question up to the individual MP. Members of Parliament are entitled to a fee for their parliamentary work ensuring their independence, and also to certain benefits as well as reimbursement of costs. MP's salary consists of a basic sum and supplements, with the basic salary always amounting to 50 per cent of a minister's salary and supplements varying according to special assignments. The law provides for material compensation proportionate to the increased work parliamentary representatives have today. Under such conditions and the social expectations they express, it is very likely that the majority of MPs will opt to full-time work in Parliament, and thus for professionalism. The legal guarantees of parliamentarism The three main requirements generally set for a constitutional parliament are outlined below: -a democratic electoral system, that is, genuine popular and party representation; -the scope of decision-making has to be protected in view of power sharing; -the parliamentary procedure must be democratic and guarantee freedom of action for the smaller parties and factions in Parliament. These requirements are contained in a country's Constitution, electoral laws and house rules, which thus present some measure of the democratism of the parliamentary system of any given country. In the light of these documents, the Hungarian laws cited fully indicate that parliamentarism is legally guaranteed in the Republic of Hungary.