Hungarian Parliament Removes President Sulyok's Mandate

This Monday, Hungarian parliament adopted the 17th amendment to the Fundamental Law [the country's constitution] with 139 votes for and 6 against. Under the amended constitution, President Tamás Sulyok's term will be concluded the day after the new legislation takes effect.

The amendment, submitted by Prime Minister Péter Magyar, also limits the maximum mandates of MPs to 12 years, or three terms, introduces a 70-year age limit for Constitutional Court judges and allows for the recall of the presidents of the Kúria, Hungary's supreme court, and the National Judicial Office (OBH) by judges. It also paves the way for the creation of a National Asset Recovery and Protection Office. The opposition Fidesz and Christian Democrat groups boycotted Monday's plenary session.

According to the amendment's preamble, its goal is to "secure essential institutional conditions for the lawful operation of the state and lay the foundations for restoring constitutional democracy". It mandates a new constitution, based on popular sovereignty, the separation of powers, the rule of law and the protection of fundamental rights, to be drafted after broad public and expert consultation.

The amendment explicitly enables the removal of President Sulyok, whom Magyar has repeatedly called on to resign since the April 12 election, accusing him of acting as a "puppet" of the previous Orban government. Sulyok's mandate will end the day after the amendment takes effect, after which parliament will elect a new president for up to five years, or until the new constitution is adopted.

Péter Magyar said on social media on Saturday that the president will have five days to sign the constitutional amendment, otherwise impeachment proceedings could begin against him.

The amendment restores the Constitutional Court's power to review budgetary and tax-related laws, which was restricted in 2013. It also reforms the election process for the presidents of the OBH and the Kuria, allowing judges to nominate candidates, from which the president will select one to propose to parliament. Their terms will be reduced from 9 to 6 years, and judges can initiate their recall under conditions set by law.

Under the amendment, a National Asset Recovery and Protection Office will be established to protect public assets and recover those illegally handled or misused. The office will operate independently, acting as a public prosecutor to enforce the state's punitive claims. Its president and deputies will be elected by a two-thirds parliamentary majority for six-year terms.

The amendment also restores the term "megye" for counties in place of the historical term "vármegye" re-introduced under the Orbán government.

It also removes the "cardinal law" status from several laws, including those on the national coat of arms and flag, state decorations, the National Authority for Data Protection and Freedom of Information, the National Bank of Hungary, the State Audit Office, parliamentary committee investigations and fundamental rules on public employment and pensions. This will allow future governments to amend these laws with a simple majority.

However, following a proposal by the parliament's legislative committee, the land law and the law on the protection of national assets will remain cardinal laws.

The amendment abolishes the requirement for the Fiscal Council's approval for the budget law and removes the definition of public funds from the Fundamental Law, arguing that its explicit definition unnecessarily restricted its interpretation and limited freedom of information.