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Hungary to tighten emergency powers as constitutional changes take effect on 1 January
From January, Hungary’s system of special legal orders will undergo a significant overhaul, narrowing the government’s ability to rule by decree during a state of emergency. The changes follow the adoption of the 15th Amendment to the Fundamental Law, which introduces stricter parliamentary controls over emergency governance.
Under the new rules, the government will only be able to suspend laws or deviate from existing legislation during a state of danger if it receives explicit authorisation from Parliament, backed by a two-thirds majority and limited to a fixed period of time, Index reports.
Emergency rule since the pandemic
Hungary has been operating under some form of emergency legal order for more than five and a half years. The Orbán government first declared a state of danger on 11 March 2020 in response to the Covid-19 pandemic, enabling it to override parliamentary legislation through government decrees.
Later, in 2022, a new emergency was declared nationwide due to the war in neighbouring Ukraine and the related humanitarian crisis. These measures allowed the government to introduce extraordinary rules without following the normal legislative process.
What is a “special legal order”?
According to constitutional law professor Lóránt Csink, a special legal order is a legal framework designed to handle social or natural crises that cannot be managed under normal constitutional conditions and which pose a threat to society, the state, or the constitutional order.
Hungarian authorities have argued that both the coronavirus pandemic and the armed conflict in Ukraine meet these criteria.
Fewer types of emergency regimes
Constitutional amendments adopted in recent years have simplified Hungary’s emergency system. Since autumn 2022, the number of special legal regimes has been reduced from six to three. Several categories, including the “state of terrorist threat” and “preventive defence situation”, were removed.
Today, Hungary recognises only the following emergency regimes:
- state of war,
- state of necessity,
- state of danger.
Among these, the state of danger is the only one not directly related to armed defence of the country.
Constitutional safeguards remain in place
Even under a special legal order, several key safeguards continue to apply. The Fundamental Law itself cannot be suspended, the Constitutional Court must remain operational, and the government is obliged to ensure the continuous functioning of Parliament.
Certain fundamental rights, including human dignity, protection from torture or inhuman treatment, and the presumption of innocence, cannot be suspended under any circumstances.
Narrowing the government’s decree-making powers
While some technical provisions on declaring a state of danger have been removed from the constitution, the most substantive change affects the government’s legislative reach.
From January, the government will no longer be able to suspend laws or deviate from statutory provisions by default during a state of danger. Such steps will require specific parliamentary authorisation, granted by a two-thirds majority and limited to a defined scope and duration.
In all other cases, the government may only introduce extraordinary measures within the framework set out by Hungary’s cardinal laws on defence and security coordination.
Two types of parliamentary approval
The revised system introduces two distinct forms of parliamentary authorisation. Parliament will retain the power to extend a state of danger, but it will also be able to grant targeted permission for deviations from specific laws where justified by the emergency situation.
Lawmakers may define exactly which legal provisions can be set aside, for what purpose, and for how long. Any such authorisation may last no longer than six months at a time.
What measures remain possible?
During a state of danger, the government may still adopt extraordinary measures in areas such as:
- personal freedoms and living conditions,
- economic stability and supply security,
- public safety restrictions and public information,
- the functioning of state and local authorities,
- maintenance of public order and security,
- national defence and mobilisation,
- prevention, management, and mitigation of the crisis that triggered the emergency.
However, these measures must now remain within clearly defined legal boundaries, strengthening Parliament’s role in overseeing emergency governance.