a) Hungary / b) Constitutional Court / c) / d) 25-03-1994 / e) 16/1994 / f) / g) Magyar Közlöny (Official Gazette), 32/1994 / h) .
Keywords of the Systematic Thesaurus:
Institutions - Legislative bodies - Composition - Election of members.
Institutions - Legislative bodies - Status of members of legislative bodies.
Institutions - Elections and instruments of direct democracy.
Fundamental Rights - Civil and political rights - Electoral rights - Right to stand for election.
Act 3 of 1994 amended Act 34 of 1989 on the election of parliamentary representatives, adding a provision to the law providing that elected representatives of self-governing social security bodies cannot be candidates in parliamentary elections. (In the so-called self- governing social security bodies, representatives elected by the people in national elections control the work of the social security administration). The Constitution states that all adult Hungarian citizens having their regular domicile in Hungary shall have the right to be elected in elections for Parliament. The right to vote and the right to be elected are fundamental rights guaranteed by the Constitution.
The Constitution regulates the incompatibility of parliamentary representatives. Ordinary laws determine other cases of incompatibility. Thus the law on self-governing social security bodies lists further cases of incompatibility, among them that members of self-governing social security bodies cannot be parliamentary representatives. These rules of incompatibility do not constitute a restriction on the eligibility of social security representatives. An elected member of Parliament has the possibility to discontinue the cause of incompatibility within thirty days. Any prohibition on the right to be elected which is not enumerated in the Constitution is unconstitutional.