Hungarian President Tamás Sulyok has made public the legal submission he sent to the Venice Commission, asking Europe’s leading constitutional advisory body to assess whether the Magyar government’s proposed constitutional amendment to end his mandate is compatible with European constitutional standards.
The 22-page English-language document, published by the Presidential Office (Sándor Palace) on Monday, comes as the Hungarian government moves forward with the proposed 17th amendment to the Fundamental Law, which would terminate Sulyok’s presidency before the end of his term.
Sulyok asks whether amendment complies with European constitutional standards
According to the document, Sulyok is asking the Venice Commission to determine whether a constitutional amendment designed to end the current president’s mandate is compatible with the principles of the rule of law, legal certainty, the separation of powers and fair constitutional procedure.
The president argues that Hungary’s constitutional system has, since 1990, provided only limited legal liability for the head of state. Under the current Fundamental Law, a president may be removed only for intentional violations of the Constitution or other laws, or for committing a criminal offence while in office.
Sulyok contends that the reasons cited publicly by Prime Minister Péter Magyar, including “systemic change”, a strong democratic mandate, alleged unworthiness or political unpopularity, are not constitutional grounds for removing a sitting president.
Key questions submitted to the Venice Commission
In his submission, Sulyok asks the Council of Europe’s constitutional advisory body to clarify several fundamental constitutional issues, including:
- whether a president elected indirectly by parliament can be held politically accountable under European constitutional standards;
- whether such a president may be removed without any finding that they violated the Constitution or the law;
- whether constitutional rules governing presidential responsibility may be changed so that they apply retroactively to an incumbent president;
- whether a constitutional amendment aimed specifically at removing one identifiable office-holder is compatible with European constitutional principles;
- and how statements by a prime minister calling for the president’s resignation or removal should be assessed from a constitutional perspective.
The submission also argues that the proposed amendment raises concerns over personalised legislation, legal certainty, freedom of expression and the separation of powers.
Government criticised over accelerated timetable
The Presidential Office noted that Sulyok first approached the Venice Commission on 29 May, arguing that the post-election constitutional situation threatened the rule of law and the balance of powers. The Venice Commission is currently examining the request under an urgent procedure. A high-level delegation (including Commission President Marta Cartabia, Director and Secretary Simona Granata-Menghini, and Austrian member Christoph Grabenwarter) visited Budapest on 2 July for discussions.
However, Sándor Palace criticised the government for deciding to fast-track the constitutional amendment without committing to wait for the Commission’s opinion.
Document released after transparency dispute
The publication follows criticism over the Presidential Office’s earlier refusal to disclose the submission. The office had previously rejected a freedom of information request submitted by the Hungarian Civil Liberties Union (TASZ), arguing that making the documents public before the procedure concluded could interfere with both the Venice Commission’s work and the president’s ability to present his legal arguments freely.
After TASZ turned to Hungary’s National Authority for Data Protection and Freedom of Information (NAIH), the authority launched an investigation into the refusal. The document has now been published in full on the Sándor Palace website.
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Constitutional clash continues
The dispute centres on the government’s proposed 17th amendment to Hungary’s Fundamental Law, submitted by Prime Minister Péter Magyar’s government over the weekend.
The amendment would terminate Sulyok Tamás’s mandate as president before the end of his term and also introduce a 70-year age limit for Constitutional Court judges, immediately ending the mandates of several sitting judges, including former Chief Prosecutor Péter Polt.
The government has argued that the constitutional changes form part of a reform agenda, while Sulyok maintains that the amendment represents a personal measure directed specifically against him and is incompatible with European constitutional principles.
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