Hungary's President Has Constitutional Tools to Defend Himself Against Peter Magyar’s Threats

Peter Magyar could become the first prime minister to commit a constitutional violation already before taking office, Bela Pokol wrote. The former constitutional court judge said the head of state can also turn to the Constitutional Court.

“The head of state could also decide, before the scheduled inaugural session, to withdraw his previously announced nomination of Peter Magyar for prime minister in light of Magyar’s insults, and publicly declare that he is ready to propose to the National Assembly only another leader of the election-winning Tisza Party,” Bela Pokol wrote on his social media page.

The former constitutional judge drew attention to the fact that the leader of the election-winning party has repeatedly called on the Hungarian president and leaders of other branches of power to resign. In his view, this practice may continue in the future,

raising concerns about a violation of the principle of separation of powers.

Bela Pokol emphasized that in such a situation, a constitutional tool is available: initiating an abstract constitutional interpretation at the Constitutional Court. This possibility is provided by Section 38 of the law on the Constitutional Court, under which several actors, including the president of the republic, may request an interpretation of the Fundamental Law in connection with a specific constitutional issue.

Peter Magyar could be the first prime minister to start with a constitutional violation

“Upon the motion of the National Assembly or its standing committee, the President of the Republic, the government, or the commissioner for fundamental rights, the Constitutional Court interprets a provision of the Fundamental Law in connection with a specific constitutional issue, provided that the interpretation can be directly derived from the Fundamental Law,” he quoted from the relevant provision.

According to the analysis, in this case Article C (1) of the Fundamental Law may come to the forefront, which states: “The functioning of the Hungarian State shall be based on the principle of the division of powers.” The former constitutional judge stressed that although conflicts may arise between branches of power, the constitutional system contains clear rules for resolving them, and bypassing these rules may constitute a violation of the constitution.

He added that if the prime minister considers the head of state unfit, he may initiate removal proceedings in the National Assembly under Article 13 of the Fundamental Law, with specific justification.

Without this, however, general political attacks in public could likely be unconstitutional, which would ultimately be determined by the Constitutional Court.

According to Bela Pokol, the head of state could initiate such proceedings immediately after the inaugural session on May 5. If the Constitutional Court finds a violation, it could set a precedent: in that case, Peter Magyar could become the first prime minister to have committed a constitutional violation already as a nominee.

Cover photo: Peter Magyar (Photo: Krisztian Mate)