The following is a list of the main items in the constitution that have raised concerns.
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The life of the fetus shall be protected from the moment of conception
The government says that the present liberal regulation on abortion won’t change. However, Amnesty International said it’s concerned this provision will be used to justify legislative and administrative action restricting or even prohibiting abortion, in violation of the human rights of women.
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Hungary protects the institution of marriage as a union between man and woman established by mutual consent, and the family as the foundation of the survival of the nation
The government says same-sex couples are entitled to registered partnerships, as provided for in the existing legal system. The European Court of Human Rights declared in ruling last year it no longer holds a view that “the right to marry … must in all circumstances be limited to marriage between two persons of the opposite sex,” although same-sex marriage is left to national regulation.
The European Court of Human Rights said “it’s artificial to maintain the view that, in contrast to a different-sex couple, a same-sex couple cannot enjoy ‘family life’.”
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Hungary guarantees the fundamental rights to every person without any discrimination on account of race, color, disability, language, religion, political or other opinion, national or social origins, financial situation and birth or any other grounds whatsoever
Sexual orientation, included in EU fundamental documents, is missing from this catalog, the Helsinki Committee noted. It said this choice “expresses a preference for an explicitly defined family model, a certain way of life and conveys the message that it does not wish to become the constitution of those who wish to pursue a different way of life.”
Under the new constitution, Hungarians living abroad may receive the right to vote while they don’t have to take the consequences of the political decisions they’ll be making, the Helsinki Committee said.
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Life imprisonment without parole will be possible, but only in cases of intentional, violent crimes
All prisoners should be entitled to a periodic review of their sentences, Amnesty International said.
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The Constitutional Court can’t rule over matters affecting the state budget; the court will regain its powers related to fiscal and tax issues when public debt falls below 50% of gross domestic product
Hungary’s public debt, now at 80% of GDP, is the highest in central Europe. Reducing it is one of the top economic priorities of the government. Laszlo Solyom, a former Constitutional Court president, in an interview with political weekly Heti Valasz called the provision “painful cynicism,” saying the condition under which power will be restored to the court is “an illusion and cannot be delivered during our generation.”
The government disbanded the Fiscal Council, a whistle-blowing body, last year after criticism from the council of the cabinet’s economic policies. Economist Gabor Ambrus at economic research firm 4Cast said the debt-cutting plan “sounds good, but the watered-down powers of the Fiscal Council give reason for caution about giving too much credibility to such rules” written in the constitution.
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The retirement age for judges will be 62 years instead of the present 70
Hungary’s top-ranking judges protested against that, calling the move a political attack on the independence of the courts. The move will affect several thousand cases that will need to be reassigned to new judges, slowing the legal process, they said. The move will allow the governing party to replace some senior-ranking judges with its own people, while the official retirement age will be raised to 65 years in a few years’ time, they also said. Top-ranking government officials, state secretaries and ambassadors don’t have such age limitations.
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The official currency of Hungary will be the forint
The government says this statement in the constitution won’t affect Hungary’s ability to adopt the euro. Fidesz sees euro adoption as not realistic for Hungary until the end of this decade. Those opposing this part of the constitution said changing the constitution on this issue will require a two-thirds parliamentary majority, which will make the adoption of the euro more difficult.
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The new constitution says that numerous issues it enshrines will be specified and regulated in Cardinal Acts, which will require the approval of two thirds of parliament to pass and amend.
These issues include family policy, the pension system or taxes, which used to be within the authority of the government in power. The Venice Commission was concerned these Cardinal Acts won’t be subject to constitutional review. This provision may enable the current government to effectuate a legal change that will last long after it loses power, the Helsinki Committee said.