Comparism Of The Constitutional Order Of Hungary And France

Comparism of the constitutional order of Hungary and France

Introduction of the states:

The Republic of Hungary is an independent, democratic and constitutional state. In Hungary the Constitution (Act XX of 1949) regulates the constitutional order of Hungary. Since the constitutional amendment of 23 October 1989, Hungary is a parliamentary republic.

The French Republic is a democracy that is organised as a unitary semi-presidential republic, since October 4, 1958 when the current constitution of France was adopted. The constitution is typically called the Constitution of the Fifth Republic, and replaced the Fourth Republic dating from October 27, 1946.

Eventually both of the countries are democratic republics, but Hungary is a parliamentary republic and France is a semi-presidental republic. This means in France both the prime minister and the president are active participants in the day-to-day administration of the state. It differs from Hungary’s parliamentary republic, where, the elected Head of State is rather a ceremonial figurehead, and the power concentrates to the position of prime minister.

The Head of State:

In Hungary the Head of State is the President of the Republic, who represents the nation’s unity and safeguards the democratic functioning of the state organization. The Presiden of the Republic is elected by the Parliament for a term of five years and may be reelected once. The Parliament elects the President of Hungary on a secret ballot by a two-third-majority vote.

The President of the Republic has a ��weak“ constitutional status because most of his rights can only be exercised with formal assent of a member of a government. The counter-signature of the Prime Minister or relevant minister is required to exercise the following rights:

• Concluding international agreements: In case the agreement involves subjects of legislation, the previous approval of Parliament is required. In some other cases the ratification of the Minister of Foreign Affarirs is required.

• On the proposal of the Minister of Foreign Affairs, the President of the Republic accredits and receives the ambassadors and envoys.

• Appointing and dismissing the President and Vice Presidents of the National Bank of Hungary, university professors and rectors, generals and judges. These decisions can be executed with the proposal of the Prime Minister, the Minister of Education, the President of the Supreme Court, the Governor of the National Bank of Hungary depending on the topic.

• The President вЂ" on proposal of the Prosecutor General or the Minister of Justice вЂ" exercises the right of granting individual pardon.

• Donating orders, titles and citizenship: the President of the Republic grants orders of merit and decorations. The Order of Merit of the Hungarian Republic is granted on the proposal of the Prime Minister while the Cross of Merit is proposed by the competent minister.

The Prime Minister is elected by the Parliament on the President’s proposal and it is the President of the Republic who вЂ" on the proposal of the Prime Minister вЂ" appoints or releases the Ministers and the State Secretaries.The Constitutional Court has ruled that вЂ?вЂ?the President of the Republic may eject the proposals of members of executive power only in very exceptional cases“.

The President of the Republic is the Commander-in-Chief of the armed forces. Assuming the duties and responsibility in the function of commander-in-chief is primarily guided by the relevantprovisions of the law on defence.

The President of the Republic has some rights which is related to the legislation. The President sets the date for parliamentary and local lections, participates in parliamentary sessions and initiates legislation and referendum. Once an Act is passed by Parliament, it is signed by the President of Parliament and sent to the President of the Republic, he shall ensure promulgation of the statutes within a period of fifteen days following its receipt. Prior to that, the President signs the law. The promulgation is done in the Official Gazette. The President of the Republic has the right to reutrn laws to Parliament for reconsideration, but he has limited power of veto. Because once he returned a law and the Parliament reconsidered it, he is bound to sign the Act and must send it for promulgation.

The President of the Republic may refer a statute adopted by Parliament to the Constitutional Court prior to signing it, if he find any provision of such statute unconstitutional. If the Constitutional Court does not find any unconstitutionality, the President of the Republic is bound to sign the Act.

In France the President of the Republic, colloquially referred to in english as President of France, is France's elected Head of State. The President of France is elected for five yours without any term limit. In the original 1958 constitution, the President was elected by an electoral college of elected officials. However, in 1962, Charles de Gaulle obtained, through a referendum, an amendment to the constitution whereby citizens would directly elect the president. Given France's runoff voting system, this means that the presidential candidate is required to obtain a nationwide majority of non-blank votes at either the first or second round of balloting, which presumably implies that the president is somewhat supported by at least half of the voting population; this gives him considerable legitimacy.

The president's greatest power is his or her ability to choose the Prime Minister. However, since only the French National Assembly has the power to dismiss the Prime Minister's government, the president is forced to name a prime minister that commands the support of the majority of this assembly. When the majority of the Assembly has opposite political views to that of the president, this leads to political cohabitation. In that case, the president's power is diminished, since much of the de facto power relies on a supportive prime minister and National Assembly, and is not directly attributed to the post of president. When the majority of the Assembly sides with him, the President can take a more active role and may, in effect, direct government policy. The prime minister is then often a mere "fuse" вЂ" and can be replaced if the administration becomes unpopular.

Further rights of the President of France are the following:

• The President can promulgate laws.