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HUNGARY
Orszaggyules (National Assembly)
PARLIAMENTARY MANDATE

Compare data for parliamentary chambers in the Mandate module

Parliament name (generic / translated) Országgyülés / National Assembly
Structure of parliament Unicameral
NATURE
Nature of the mandate · Free representation (Art. 20 (2) of the Constitution of 20.08.1949, with amendments up to and including 1997, SO 13 of the Standing Orders of the Parliament of the Republic of Hungary)
Start of the mandate · When the MPs take the oath (Art. 28 (1) of the Constitution, SO 8 of the Standing Orders of the Parliament of the Republic of Hungary). Procedure (SO 2 to 8 of the Standing Orders of the Parliament of the Republic of Hungary)
Validation of mandates · Validation by the chair of age (oldest Member) and the notaries of age (the four youngest Members), and a committee of five Members, or the Committee on Immunity, Incompatibility and Scrutiny of Mandates (SO 6 and 7 of the Standing Orders of the Parliament of the Republic of Hungary)
· Procedure (SO 6 and 7 of the Standing Orders of the Parliament of the Republic of Hungary)
End of the mandate · On the day when the newly elected Parliament meets. This also applies in case of early dissolution (Art. 20 A (1) (a), and 28 (6) of the Constitution; for early dissolution, see also Art. 28 (2) to (5), and 28 A (1) and (3) of the Constitution).
Can MPs resign? Yes · Yes, of their own free will (Art. 20 A (1) (d) and (3) of the Constitution)
· Procedure (Art. 20 A (3) of the Constitution): MPs may resign by making a statement to this effect to the Parliament (letter addressed to the Chairman).
· Authority competent to accept the resignation (Art. 20 A (3) of the Constitution): a statement of acceptance by Parliament is not required for the resignation to be effective.
Can MPs lose their mandate? Yes (a) Definitive exclusion from Parliament by the latter:
- Declaration of a conflict of interest (incompatibility) (Art. 20 (5) and (6), Art. 20 A (1) (c) and (2) of the Constitution, SO 130 and 131 (1) and (2) of the Standing Orders of the Parliament of the Republic of Hungary). Procedure.
- Loss of mandate by judicial decision
(b) Death (Art. 20 A (1) (b) of the Constitution)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The Speaker
2. The Deputy Speakers
3. The Notaries
4. The Chairpersons of committees
5. The Deputy Chairpersons of committees
Indemnities, facilities and services · Diplomatic passport
· Basic salary (see also Art. 20 (4) of the Constitution): HUF 114,075
+ Additional allowance (see also Art. 20 (4) of the Constitution): for certain positions
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat for MPs and factions (see also SO 144 and 145 of the Standing Orders of the Parliament of the Republic of Hungary)
(b) Assistants (see also SO 146 of the Standing Orders of the Parliament of the Republic of Hungary)
(c) Accommodation
(d) Postal and telephone services at work free of charge
(e) Travel and transport
(f) Others
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 20 (3) and (6) of the Constitution, SO 130 and 131 of the Standing Orders of the Parliament of the Republic of Hungary, S. 4 of the Law on the Legal Status of Members of Parliament).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: disclosure of State secrets, slander, defamation and civil law responsibility (S. 4 of the Law on the Legal Status of Members of Parliament); offence (SO 54 (2) of the Standing Orders of the Parliament of the Republic of Hungary; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 20 (3) and (6) of the Constitution, SO 130 and 131 of the Standing Orders of the Parliament of the Republic of Hungary, S. 5 of the Law on the Legal Status of Members of Parliament).
· It applies to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in case of flagrante delicto, MPs can be arrested without approval of Parliament.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided during the candidature, from the day of election to the end of the mandate, and between early dissolution of the House and the election of a new Parliament. It also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted
- Competent authority: the National Assembly, for minor offences also the Member concerned; for candidates, the National Election Board
- Procedure . In this case, MPs can be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the political parties.
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and committee meetings (SO 13 (3) and 44 of the Standing Orders of the Parliament of the Republic of Hungary; see also SO 138 of the Standing Orders of the Parliament of the Republic of Hungary).
· Penalties foreseen in case of failure to fulfil this obligation: for MPs who are absent from more than one third of the monthly votes, reduction of the indemnity by the difference between the non-attendance unaccounted for and one-third of the monthly votes.
Discipline · The rules governing discipline within Parliament are contained in SO 19 (1), 54, and 55 of the Standing Orders of the Parliament of the Republic of Hungary.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 54 (1) of the Standing Orders of the Parliament of the Republic of Hungary)
- Call to order (SO 54 (2) of the Standing Orders of the Parliament of the Republic of Hungary)
- Order to discontinue the speech (SO 54 (3) to (6) of the Standing Orders of the Parliament of the Republic of Hungary)
- Interruption of the sitting (SO 55 of the Standing Orders of the Parliament of the Republic of Hungary)
· Specific cases:
- Offence (SO 54 (2) of the Standing Orders of the Parliament of the Republic of Hungary): call to order
· Competent body to judge such cases/to apply penalties: the Speaker (SO 19 (1) of the Standing Orders of the Parliament of the Republic of Hungary)
· Procedure:
- Warning for irrelevance, call to order, order to discontinue the speech, offence (SO 54 of the Standing Orders of the Parliament of the Republic of Hungary)
- Interruption of the sitting (SO 55 of the Standing Orders of the Parliament of the Republic of Hungary)
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 20 A (1) (c) and (2) of the Constitution, SO 130 and 131 (1) and (2) of the Standing Orders of the Parliament of the Republic of Hungary, for the declaration of interests, see Obligation to declare personal assets).
· Penalties foreseen for violation of the rules of conduct (Art. 20 (1) (c) of the Constitution): loss of mandate
· Competent body to judge such cases/to impose penalties: the National Assembly
· Procedure (Art. 20 A (2) of the Constitution, SO 130 and 131 (1) and (2) of the Standing Orders of the Parliament of the Republic of Hungary).
Relations between MPs and pressure group · There is one legal provision in this field (SO 141 of the Standing Orders of the Parliament of the Republic of Hungary; register of national interest groups and social organisations).

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