New PM Péter Magyar: If the president won’t resign, we will make him leave

Hungary’s newly empowered political leadership is already facing a constitutional dilemma: how to deal with President Tamás Sulyok, whose mandate runs until 2029.

Péter Magyar wants to move Tamás Sulyok out of the way

Following the recent election victory, Péter Magyar, leader of the Tisza Party and prime minister-designate, has openly called on the president to resign. After a meeting at the Sándor Palace, Magyar indicated that Sulyok had given a cautious and somewhat ambiguous response, promising to consider the arguments.

However, the new political leadership is clearly aiming for sweeping institutional changes, claiming voters supported not only a change of government but a broader systemic transformation.

A rare and complicated process

Despite strong political will, removing a sitting Hungarian president is legally complex. Since the democratic transition, no president has ever been formally stripped of office. Previous early departures—such as those of Pál Schmitt and Katalin Novák—were voluntary resignations accepted by parliament.

According to Telex, Hungary’s Fundamental Law sets strict conditions for removal. A president can only be dismissed if they intentionally violate the constitution, break a law in connection with their duties, or commit a criminal offense.

Even initiating such a process requires support from one-fifth of MPs, while launching it demands a two-thirds parliamentary majority. Crucially, the final decision rests not with parliament but with the Constitutional Court.

The Constitutional Court’s decisive role

The Alkotmánybíróság plays a central role as a safeguard of the rule of law. Once proceedings begin, the president is suspended from exercising powers, but only the Court can ultimately remove them from office.

This creates a significant obstacle for the new parliamentary majority, as the Court’s members were largely elected under previous governments. While Péter Magyar has also urged constitutional judges to step down, they cannot be dismissed directly by parliament.

Some legal experts suggest that expanding the Court’s membership through constitutional amendments could shift its balance. However, such a move would likely trigger serious concerns about judicial independence and democratic norms.

Alternative paths—and their risks

Other legal avenues exist, though each carries complications. Lawmakers could attempt to amend the constitution to simplify removal procedures, but tailoring rules to a specific political objective would raise rule-of-law concerns.

Another option is declaring the president temporarily incapacitated, allowing parliamentary leadership to assume presidential duties. Yet recent legal changes have tightened this mechanism, requiring Constitutional Court approval and even allowing the president to decide on ending the incapacitation.

In case you missed it: Péter Magyar signals symbolic break with Orbán era, as the PM’s office will leave Carmelite monastery under future Tisza government. Also, Péter Magyar speaks up about protected fuel prices: will the Tisza government keep them?

Political stakes and potential gridlock

Even without blocking legislation entirely, the president retains tools to slow down governance. By sending laws for constitutional review or returning them for reconsideration, the head of state can delay key reforms by weeks or months.

For Péter Magyar’s government, this could pose a serious political risk. Voters expect rapid change, and prolonged institutional conflict may create the perception that promised reforms are stalling.

For now, Sulyok has not publicly indicated any intention to resign, and with him planning to stay in power, the new government may be heading toward a legal battle with the president.