Hungarian News

Referendum

• January 22, 2022
• István
• 2 Comments

A referendum may be held if parliament votes in favour. Several ways are allowed to get to such a decision. Parliament has no choice and but to approve if signatures of at least 200 000 citizens are collected and verified.

Within a few days in July 2021 first PM Orbán declared that we will have a referendum about 5 questions about “child protection”, shortly after passing a law that already prohibits minors to get the slightest notice of the pure existence of non-heterosexual relationships, or about the pure existence of gender change abroad, which had been made legally impossible in 2020. Thereafter lord mayor Karácsony applied for a referendum about 5 questions concerning our society.

While Orbán got approval of parliament immediately in shortened procedure without discussion after all legal review 4 questions remained. The question whether children must be allowed access to gender change is no longer part of the referendum, because such a change is legally forbidden for every Hungarian since 2020, including a change of the basic law – and changes of the basic law mustn’t be turned back by a referendum. Either Viktor Orbán didn’t read his private constitution or the lawyer Orbán didn’t understand what it is about. Rules were even changed to be able to hold a referendum at the same day as the general elections, this to guarantee that the quorum of 50 % of valid votes can be reached easily, a rule Orbán in 2016 failed with another referendum through invalidity. About details including an analysis of the remaining questions I wrote here.

Gergely Karácsony had not such an easy way to go. His questions about the sale of a 35 year concession of our highways, about free antibody tests for citizens above 60 years old, whether they are protected against covid 19 (to minimise the consequences of the Sinopharm scandal,) and to join EPPO, the European Public Prosecutor Office, were refused, the questions whether the Hungarian tax payer must finance for the Chinese Fudan university a campus in Budapest, and whether unemployment benefits should be paid for 270 instead of 90 days were allowed. The Kúria, Hungary’s highest court, needed until December to decide on.

Since mid December signatures were collected for these 2 questions and yesterday 235 000 signatures for each question were delivered to the Nemzeti Választási Irodáig (National Election Office.) A lot of prominent members of Unity for Hungary were present, Judit Péterfi read a letter of quarantined Péter Márki-Zay to the public: “Viktor Orbán has 133 brave men, some of them are being prosecuted, but that should be his shame. It is our pride that we have 235 000 brave people!” Népszava reported ►HU.

The Election Office needs time to screen the signatures, this is very understandable, since the provided data on the sheets with signatures need to be verified for every single signature. The legal maximum is 60 days. The office hands over the results to the Nemzeti Választási Bizottság (National Election Commission,) where it may be contested at the Kúria the next 5 days. The head of the commission forwards a decision to the speaker of parliament within 8 days after it became legally effective. Kövér has to put it on the agenda of the 1st possible seating. Parliament has to order the referendum within 30 days, and again it takes 15 days for contesting the decision at the Alkotmánybíróság (Constitutional Court) and thereafter to forward this to the president, who has to select a date. In case of a joint referendum not less than 50 days before the referendum should take place, if a separate day has to be picked between 70 and 90 days before. Everything has to be published of course in the Magyar Közlöny (Hungarian Gazette) to enable legal steps. Already the decision to allow collection of signatures was contested at the Kúria and the court took 82 days, 8 days less than the legal maximum. Although juridical terms are shorter this time, we may conclude that the questions of Karácsony will be delayed as much as possible and the referendum – even if everything would be processed as fast as possible without any court involved – can’t be voted on general election day ►HU.

But it is not even completely sure whether the anti-gay referendum of Orbán may been held at all. The Constitutional Court has been asked to invalid the referendum as allowed by the Kúria and ordered by parliament. TASZ (Társaság a Szabadságjogokért, Hungarian Civil Liberties Union) represents Hungarian citizens, 2 parents and their child, because their fundamental rights as described in the basic law have been violated. TASZ argues that among other points the rights of a child are violated if it is not educated adequately. This includes education regarding protecting children from sexual sexually transmitted diseases and unwanted pregnancy or defence against unwanted sexual advances. All this is already confirmed through UNESCO guidelines and for Hungary legally binding ECHR decisions. The right of the adult voter is also violated. “A referendum without a real decision-making situation is a play. To deceive citizens and to mock the constitutional right to a referendum if unclear questions are put to the electorate. In order to prevent such a situation, the legal system provides control brakes. [….] In its decision, the Kúria argues that when examining a government initiative, it does not have to examine the conditions with exhaustive thoroughness as opposed to voters’ initiatives. On the one hand, the Kúria shirked its responsibility (by handing over the issue that did not meet the conditions), and on the other hand, it made it easier for the government and difficult for the electorate to initiate a manifestly unconstitutional referendum. [….] It is not the job of parliament to find a solution to be able to implement the referendum’s decision, the opposite is true, its only the job of implementing a clear, unambiguous decision. Any other intervention, modification, “ingenuity” would interfere in the direct decision of the electorate, which is unconstitutional,” TASZ declared ►HU.

Any questions who owns the state and the organs of the state? The people or a party?