Péter Magyar has set out how he intends to unseat the Hungarian President Tamás Sulyok: the plan, step by step

Parliament is due to pass the 17th amendment to the Fundamental Law on Monday. President Tamás Sulyok will have five days to sign it. Failure to do so could trigger proceedings to remove him from office, Prime Minister Péter Magyar wrote on Facebook on Saturday.

Should the President sign the amendment, his mandate would come to an end

The reconvening of Parliament’s extraordinary summer session was initiated on Wednesday by Bálint Ruff, the minister heading the Prime Minister’s Office. He said the session was necessary to ensure the swift debate and adoption of the proposed 17th amendment. Delaying the decision, he argued, would hold up planned constitutional and institutional changes, as well as the legislative work tied to them, the Hungarian news agency wrote.

The proposal was submitted to Parliament last Saturday by the prime minister, who stated at the time that its adoption would terminate the incumbent President’s mandate.

What if President Tamás Sulyok refuses to sign?

In that case, the amendment would not enter into force. However, according to the prime minister, removal proceedings could then be initiated against him. Under Hungarian law, the President cannot be held to account by Parliament through conventional means such as interpellation, leaving removal proceedings as the only route to dismissal.

Such proceedings may be launched on two grounds:

• Deliberate violation of the Fundamental Law or another law in connection with the exercise of office;
• The commission of an intentional criminal offence.

The process may be initiated by at least one fifth of MPs. Parliament must then decide, by a two-thirds majority in a secret ballot, whether to proceed. Once initiated, the President is stripped of his powers, which are assumed by the Speaker of Parliament, currently Ágnes Forsthoffer of the Tisza Party.

This would also allow the Speaker to sign the amendment rejected by Sulyok, effectively ending his tenure.

No successful removal procedure has been carried through since the democratic transition, largely because it has not been necessary. Presidents elected with a Fidesz majority, including Pál Schmitt and Katalin Novák, resigned following signals from Viktor Orbán, while earlier office-holders completed their terms despite political tensions.

Deadlines pass

Magyar had already signalled during the campaign and on election night, April 12, that he expected Sulyok to step down. On April 15, he met the President at Sándor Palace and personally requested his resignation. Sulyok later said he would consider the arguments.

Following the formation of the Tisza Party’s parliamentary group on April 20, Magyar set a deadline of May 31 for the President and other public office-holders he regards as remnants of the previous system to leave voluntarily.

In his first address to Parliament on May 9, Magyar again called on Sulyok to resign, arguing that he had failed to fulfil his role as guardian of national unity and constitutional order. The appeal was repeated on Facebook on May 17.

On May 29, Sulyok turned to the Venice Commission, seeking an international constitutional opinion on the conflict between himself and the government and the efforts to remove him.

On the evening of May 31, Sulyok issued a video message stating he would remain in office and continue to exercise his constitutional powers. In response, Magyar accused him on social media of never standing up for the vulnerable, the attacked, or the rule of law. “Even on Children’s Day, he is only defending his monthly salary of 6.3 million forints. Instead of apologising,” he wrote.

Amendment to force removal

The following morning, the prime minister, accompanied by the justice minister, visited Sándor Palace and announced plans to amend the constitution to remove the President.

On June 9, speaking on ATV, Magyar said he would seek another one-to-one meeting with Sulyok to press for his resignation.

Two days later, Sulyok filed a motion with the Constitutional Court requesting an interpretation of provisions governing the function, adoption and amendment of the Fundamental Law. The Court’s president subsequently removed the case from the agenda of the full session scheduled for June 19.

Seven constitutional judges declared a conflict of interest, citing personal involvement, leaving the court without a quorum. Magyar argued this amounted to an admission that both Sulyok and the head of the Constitutional Court should step down.

Calls for due process

Addressing Parliament on June 22, Magyar said the government would initiate the termination of Sulyok’s mandate as part of what he termed “Operation Purgatory”. “The day after the amendment enters into force, Tamás Sulyok’s mandate ends. Full stop,” he said.

Amnesty International Hungary said the same day that while Sulyok should leave office, it must follow a fair procedure, adding that the government’s approach was “not acceptable”.

In an interview with 444.hu, Magyar said any incoming President must accept that the role could prove temporary. The government also opened the amendment for public consultation that day.

Sulyok met a delegation from the Venice Commission in early July and later published his English-language submission to the body.

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Fidesz warns of rule-of-law breach

Former President János Áder described the planned removal of Sulyok and other public dignitaries as unconstitutional in a July 2 podcast appearance. Viktor Orbán, leader of Fidesz and former prime minister, warned that the Tisza government was steering the country towards authoritarianism.

On July 4, Magyar announced that the government had formally submitted the 12-point amendment package to Parliament.

Five days later, a protest titled “Stop authoritarianism” was held outside Sándor Palace, organised by Fidesz and the Christian Democrats, opposing what they described as the construction of a “Tisza-style autocracy” and the removal of the President. Addressing the demonstration, Áder said the proposed amendment amounted to the dismantling of Hungary’s rule of law.

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