Noua Constituţie a Ungariei - o Constituţie a normalităţii

În ultima vreme s-a tot scris şi discutat despre noua Constituţie a Ungariei, folosindu-se termeni precum "fundamentalistă", "antidemocratică", "ultraconservatoare", "retrogradă", "o ruşine", "o problemă", ori "un pericol" (pentru "Europa", desigur), dar nu a apărut textul nicăieri.

Comentariile critice se refereau la: invocarea tradiţiei şi a credinţei creştine, ca moştenire istorică şi fundament al naţiunii ungare; definirea familiei ca o uniune conjugală liber consimţită între un bărbat şi o femeie (deci, exclude definitiv legalizarea cuplurilor homosexuale, legalizare cerută chiar de comisari europeni şi grupuri europarlamentare, în special de grupul liberal ALDE); pretinsa interzicere a avorturilor (nu le interzice, activiştii protestează de fapt împotriva articolului care prevede protejarea familiei); alte pretinse discriminări...

Socialiştii şi liberalii nu au participat la votul final, partidul ultranaţionalist Jobbik a votat împotriva Constituţiei.

Textul noii Constituţii a Ungariei se poate citi la acest link (în limba engleză, format PDF).

Am selectat pasajele care mi s-au părut mai importante şi am adăugat scurte comentarii.

Fundamental Law of Hungary

‘O Lord, blessed be the Hungarian nation’

We do not recognise the suspension of our historical Constitution that occured due to foreign occupation. We declare that no statutory limitation applies to the inhuman crimes committed against the Hungarian nation and its citizens under the national socialist and communist dictatorships.

We do not recognise the legal continuity of the 1949 Communist “Constitution”, which laid the foundations for tyranny, and hence we declare it to be invalid.

We agree with the members of the first freely-elected Parliament, whose first resolution declares that our freedom has its roots in the Revolution of 1956.

We proclaim that the self-determination of our State, lost on 19 March 1944, was restored on 2 May 1990, with the formation of our first freely-elected representative body. That is the day we consider to be the beginning of a new democracy and constitutional order for our country.

Textul introductiv începe cu primul vers din imnul naţional şi are titlul "Mărturisire Naţională de Credinţă". Se condamnă explicit perioadele dictaturilor, fascistă şi comunistă, şi aşa-zisele lor "constituţii".

Fundamentals

Article A
The name of OUR COUNTRY shall be Hungary.

Article B
(1) Hungary shall be an independent and democratic State under the rule of law.
(2) The form of government of Hungary shall be that of a republic.
(3) The source of power shall be the people.
(4) The people shall exercise their power through their elected representatives, and also directly in exceptional cases.

Article C
(1) The functioning of the Hungarian State shall be based on the principle of the separation of powers.
(2) No one’s activities may be directed at the acquisition or exercise of power by violent means, or at its exclusive possession. It shall be the right and obligation of all to resist such activities by lawful means.
(3) Only the organs of the State shall have the right to employ coercive force, in order to enforce the Fundamental Law or any other law.

Article D
Hungary, guided by the notion of a single Hungarian nation, shall bear responsibility for the fate of Hungarians living outside its borders, shall foster the survival and development of their communities, shall support their endeavours to preserve their Hungarian identity, and shall promote their cooperation with each other and with Hungary.

S-a făcut caz de acest articol - "naţiunea unică maghiară", etc. - dar toate Constituţiile au prevederi similare privind conaţionalii de peste graniţe.

Article E
(1) Hungary shall contribute to the creation of European unity, in pursuit of the greatest freedom, well-being and security for the peoples of Europe.
(2) In its role as a Member State of the European Union, and on the basis of an international treaty, Hungary may – as far as its rights and its obligations set out in the founding Treaties allow and demand – exercise certain competences deriving from the Fundamental Law, together with the other Member States, through the institutions of the European Union.
(3) For the authorisation to recognise the binding force of an international treaty referred to in Paragraph (2), the votes of two-thirds of all Members of Parliament shall be required.

"Unitatea Europei", nu "Europa Unită". "Popoarele Europei", nu "democraţie post-naţională". Viitoare tratate la nivel european (ori modificări ale lor) vor trebui aprobate cu două treimi din voturile parlamentului.

Article F
(1) The capital of Hungary shall be Budapest.
(2) The territory of Hungary shall be divided into castle counties, cities or towns, and villages or smaller communities. Districts may be formed in cities or towns.

NU se vorbeşte despre euroregiuni ca unităţi administrativ-teritoriale !

Article K
(1) Hungary shall protect the institution of marriage, understood to be the conjugal union of a man and a woman based on their independent consent; Hungary shall also protect the institution of the family, which it recognises as the basis for survival of the nation.
(2) Hungary shall promote the commitment to have and raise children.
(3) The protection of families shall be regulated by a cardinal Act of Parliament.

Sunt excluse astfel căsătoriile între persoanele de acelaşi sex. Rămâne deschisă, totuşi, portiţa "uniunilor" ori "parteneriatelor" civile.

Article M
(1) Hungary shall enforce the principle of balanced, transparent and sustainable management of the budget.
(2) Parliament and the Government shall have the primary responsibility for fulfilment of the principle pursuant to paragraph (1).
(3) The Constitutional Court, the courts, local governments and other state organs shall respect the principle referred to in Paragraph (1) in the performance of their duties.
Principiul bunei guvernări.

Article P
(1) In order to establish and maintain peace and security, and to ensure the sustainable development of humanity, Hungary shall endeavour to cooperate with all the peoples and countries of the world.
(2) Hungary shall ensure that Hungarian law is in conformity with international law, in order to comply with its obligations under international law.
(3) Hungary shall accept the generally recognised rules of international law. Other sources of international law shall be incorporated into Hungarian law upon their promulgation by laws.

Oops... au apărut "dudele": "dezvoltarea durabilă"; legislaţia internaţională are prioritate faţă de cea internă.

Freedoms and Responsibilities

Article III
(1) Nobody may be subjected to torture, inhuman or degrading treatment or punishment, or be held in servitude. Trafficking in human beings shall be prohibited.
(2) It shall be prohibited to perform a medical or scientific experiment on human beings without their informed and voluntary consent.
(3) Practices aimed at eugenics, the use of the human body or its parts for financial gain, or human cloning shall be prohibited.
Sunt interzise "scamatoriile" medicale.

Article VI
(1) Everyone shall have the right to freedom of thought, conscience and religion. This right shall enable anyone to freely choose or change his or her religion or other conviction, to manifest or abstain from manifesting such religion or other conviction, to practice or teach – either individually or together with others, in public or in private – one’s religion or belief through religious acts or ceremonies, or in any other way.
(2) In Hungary the State and the churches shall be separated. Churches shall be independent. For the attainment of community goals, the State shall cooperate with the churches.
(3) The detailed rules relating to churches shall be laid down in a cardinal Act.
Aşadar, este "fundamentalistă" această Constituţie ?

Article XVIII
(1) Hungary shall strive to provide social security to all of its citizens. Every Hungarian citizen shall be entitled to assistance as laid down in an Act of Parliament in the event of maternity, illness or disability, or if he or she becomes a widow(er) or an orphan, or loses employment due to circumstances beyond his or her control.
(2) For those in need of social security assistance for the reasons referred to in Paragraph (1), or for other reasons, Hungary shall provide social security through a system of social institutions and measures.
(3) The nature and extent of social measures may be determined by an Act of Parliament also according to the activity useful for the community conducted by the person benefiting from the social measure.
(4) Hungary shall facilitate the livelihood of the elderly by maintaining a unified state pension system based on social solidarity and by making possible the operation of voluntarily established social institutions. The conditions of entitlement to state pension may be specified by an Act of Parliament also by taking into consideration the requirement of increased protection for women.
Latura socială nu este neglijată. 

Article XXVII
(1) Nationalities and ethnic groups living in Hungary shall be constituent elements of the State. Every Hungarian citizen belonging to a nationality or ethnic group shall have the right to freely declare his or her identity. Nationalities and ethnic groups shall have the right to use their mother tongue, to use their own names in their mother tongue, to foster their culture and to receive education in their mother tongue.
(2) Nationalities and ethnic groups living in Hungary may set up local and national selfgovernments.
Articol propagandistic. Nicio minoritate din Ungaria nu este suficient de concentrată pentru o autoguvernare locală peste nivelul unui orăşel, dar dă bine pentru a cere autonomie locală, eventual regională, pentru ungurii din statele vecine. Interes pentru soarta conaţionalilor de peste hotare.

Article XXIX
(1) All Hungarian citizens shall be obliged to contribute to the defence of their country.
(2) Hungary shall maintain a volunteer reservist system for national defence.
(3) During a state of national crisis, or if the Parliament decides so in a state of preventive defence emergency, all adult men of Hungarian citizenship residing in Hungary shall perform military service. The forms and detailed rules of military service shall be laid down in a cardinal Act of Parliament.
(4) For the duration of a state of national crisis, adult Hungarian citizens residing in Hungary may be obliged, as laid down in a cardinal Act of Parliament, to perform defence-related work.
(5) Adult Hungarian citizens residing in Hungary may be obliged, as laid down in a cardinal Act of Parliament, to perform national defence or disaster-related tasks by participating in civil defence.
(6) Every human being and every legal entity established on the basis of an Act of Parliament may be obliged, as laid down in a cardinal Act of Parliament, to perform national defence or disaster-related tasks by providing economic or material services.
Resursele pentru mobilizare sunt avute în vedere.

The State

The Tasks and Competences of the Parliament

Article 1
(1) HUNGARY’s supreme body of popular representation is the Parliament.
(2) The Parliament shall
a) adopt the Fundamental Law of Hungary;
b) adopt other Acts;
c) adopt the central budget and approve its implementation;
d) give authorisation to recognise the binding force of international treaties falling within its tasks and competences;
e) elect the President of the Republic, the members and the President of the Constitutional Court, the President of the Curia, the Chief Public Prosecutor, the Commissioner for Fundamental Rights, and the President of the State Audit Office;
f) elect the Prime Minister, decide upon the question of confidence in the Government;
g) dissolve representative bodies which operate in a way that is contrary to the
Fundamental Law;
h) decide upon the declaration of a state of war, or the conclusion of peace;
i) make decisions related to a special legal order and to military operations;
j) exercise general amnesty;
k) perform other tasks and exercise other competences laid down in the Fundamental Law or in other Acts of Parliament.

Parlamentul are puteri foarte mari. A naibii Constituţie "antidemocratică"... 
 

National Referenda

Article 8
(1) At the initiative of at least two hundred thousand citizens with voting rights, the Parliament shall order a national referendum. At the initiative of the President of the Republic, the Government, or one hundred thousand citizens with voting rights, the Parliament may order a national referendum at its discretion. The result of a valid and successful referendum shall be binding upon the Parliament.
(2) Questions falling within the tasks and competences of the Parliament may be the subject of national referenda.
(3) No national referendum may be held on
a) questions aimed at amending the Fundamental Law;
b) the central budget, implementation of the budget, central taxes, stamp duties, contributions, customs duties, or the content of Acts determining the central requirements related to local taxes;
c) the contents of Acts of Parliament regulating the election of Members of Parliament, of local government representatives and mayors, as well as of Members of the European Parliament;
d) obligations arising from international treaties;
e) personal matters and questions concerning the establishment of organizations that fall within the competence of the Parliament;
f) the dissolution of the Parliament;
g) the dissolution of a body of local government representatives;
h) the declaration of a state of war, a state of national crisis or a state of emergency;
i) questions concerning participation in military operations;
j) the declaration of general amnesty.
(4) A national referendum shall be deemed valid if more than half of the total electorate have cast valid votes, and it shall be deemed successful if more than half of those voting validly have given the same answer to the question being voted on.

Reguli clare la referendumuri: validare la participarea de peste 50%, iar în cazul aprobării unei decizii prin referendum, ea devine obligatorie pentru parlament. Un minus - nu pot fi supuse referendumurilor obligaţiile cuprinse în tratatele internaţionale.

Cooperation between the Government and Parliament in the Course of Decision-making in the European Union

Article 19
The Parliament may request information from the Government on the government position to be represented in the decision-making procedures of those institutions of the European Union which operate with government participation, and may take a stand on the draft placed on the agenda thereof. In the course of European Union decision-making, the Government shall act in accordance with the position taken by the Parliament.
Foarte important: parlamentul dă un mandat de negociere guvernului în chestiunile privind politicile europene şi poate interveni în cursul negocierilor.

The Central Budget and its Implementation

Article 36
(1) The Parliament shall adopt an Act on the central budget for one calendar year and on its implementation. The Government shall submit the Bill on the central budget and the Bill on implementation thereof to the Parliament by the deadline provided for in an Act.
(2) The Bill on the central budget and the Bill on implementation thereof shall contain all state expenditures and revenues in an identical format, in a transparent manner and in reasonable detail.
(3) With the adoption of the Act on the central budget, the Parliament shall authorise the Government to collect the revenues and make the expenditures determined in the same.
(4) The Parliament may only adopt an Act on the central Budget which will not result in an increase in the state debt compared to gross domestic product.
(5) For as long as the level of state debt exceeds the level specified in Paragraph (2) of Article 37, the Parliament may only adopt an Act on the central budget which envisages a decrease of the state debt.
(6) One may only derogate from the provisions contained in Paragraph (4) during a special legal order and to the extent necessary to mitigate the consequences of circumstances triggering the special legal order, or, if there is a significant and enduring national economic recession, to the extent necessary to restore the balance of the national economy.
(7) If the Parliament has not adopted the Act on the central budget by the beginning of the calendar year, the Government shall be authorised to collect the revenues determined in the relevant rules of law and, within the framework of the appropriations determined in the Act on the central budget for the previous year, make the pro-rata expenditures.
Cum-necum, s-a trecut o clauză care se apropie de cerinţa Comisiei Europene, de restricţionare prin Constituţie a maximului deficitului bugetar.
 
Article 37
(1) The Government shall implement the central budget in a lawful and expedient manner, with effective management of public funds and the guarantee of transparency.
(2) In the course of the implementation of the central budget, the Government may not – with the exception s specified in Paragraph (6) of Article 36 – contract such debt s or undertake such financial obligations on behalf of the State as a result of which the level of state debt would exceed fifty per cent of the gross domestic product of the previous calendar year. The method for calculating the level of state debt and of the gross domestic product shall be laid down in an Act of Parliament.
(3) During the period specified in Paragraph (5) of Article 36, the Government when
implementing the central budget may not, with the exceptions specified in Paragraph (6) of Article 36, contract such debts or undertake such financial commitments on behalf of the State as would result in an increase of the state debt compared to that of the preceding calendar year.

The National Bank of Hungary

Article 41
(1) The National Bank of Hungary is the central bank of Hungary. The National Bank of Hungary shall be responsible for monetary policy as laid down in an Act of Parliament.
(2) The President of the National Bank of Hungary shall be appointed for a period of nine years by the President of the Republic, upon the proposal of the Prime Minister. The Vice-President or Vice-Presidents of the National Bank of Hungary shall be appointed by the President of the National Bank of Hungary.
(3) The President of the National Bank of Hungary shall report annually to the Parliament on the activities of the National Bank of Hungary.
(4) As authorized by an Act of Parliament, the President of the National Bank of Hungary shall issue decrees on matters falling within his/her competence defined by an Act of Parliament, such decrees may not be contrary to Acts of Parliament. In issuing a decree, the President of the National Bank of Hungary may be substituted by the Vice-President he or she has designated in a decree.
Guvernatorul are mandat de 9 ani. Nu se spune nimic despre moneda naţională, forintul. Dar nici despre euro. PSD era aşa de pornit cu amendamentele pentru "Constituţia europeană", în 2003, încât a pus formularea "În condiţiile aderării la Uniunea Europeană, prin lege organică se poate recunoaşte circulaţia şi înlocuirea monedei naţionale cu aceea a Uniunii Europene" (Art.137, p.2).

 
The State Audit Office

Article 42
(1) The State Audit Office is the organ of the Parliament responsible for financial and economic control. Within its remit as laid down in an Act of Parliament, the State Audit Office shall control implementation of the central budget, the management of public finances, the utilisation of public funds and the management of national assets. The State Audit Office shall carry out such oversight according to the criteria of legality, expediency and effectiveness.
(2) The President of the State Audit Office shall be elected for a period of twelve years by the Parliament with a majority of two thirds of the votes of all Members of Parliament.
(3) The President of the State Audit Office shall report annually to the Parliament on the activities of the State Audit Office.
(4) The detailed rules of the organisation and functioning of the State Audit Office shall be regulated in a cardinal Act of Parliament.
Guvernatorul Băncii Naţionale - mandat de 9 ani, preşedintele Biroului Auditului de Stat ("Curtea de Conturi") - mandat de 12 ani, toţi cei 11 membri ai Curţii Constituţionale - mandat de 12 ani (trebuie aleşi de parlament cu minim 2/3 din voturi - dar dacă nu se adună o majoritate atât de mare ? cel puţin în viitor). Viktor Orbán pare că îşi plasează oameni în posturi-cheie pe intervale mai mari chiar decât două mandate.

The Budgetary Council

Article 43
(1) The Budgetary Council shall be an organ assisting the legislative activities of the Parliament by examining whether the central budget is well-founded.
(2) The Budgetary Council shall contribute to the preparation of the Act of Parliament on the central budget in a manner defined by an Act of Parliament.
(3) For the adoption of the Act of Parliament on the central budget, the prior approval of the Budgetary Council shall be needed in order to enforce the provisions contained in Paragraphs (4) and (5) of Article 36.
(4) The members of the Budgetary Council shall be the President of the Budgetary Council, the President of the National Bank of Hungary, and the President of the State Audit Office. The President of the Budgetary Council shall be appointed for a period of six years by the President of the Republic.
(5) The detailed rules of the functioning of the Budgetary Council shall be regulated in a cardinal Act of Parliament.
Un organism ciudat, dar cu puteri mari. De urmărit ce decizii va lua, după intrarea în vigoare a Constituţiei (1 ianuarie 2012).


Urmează prevederile privind forţele armate, starea de necesitate, de război, de urgenţă şi de asediu, apoi dispoziţiile finale şi încheierea.