The Hungarian Parliament adopted a law extending the extraordinary legal order

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The Hungarian Parliament adopted the Act XII of 2020 („Coronavirus Act”) on March 30, which extends the extraordinary power of the Hungarian Government for the duration of state of danger (declared almost two weeks ago). The Act retains the right and authorization for the Government to govern by way of government decrees, furthermore, during the state of danger the Government may suspend the application of certain laws, derogate from the provisions of laws and take other extraordinary measures.

In the event of a natural or industrial disaster endangering lives and property, the Fundamental Law of Hungary enables the Government to introduce emergency measures and govern by way of government decrees for a period of 15 days.

Government decrees issued during this extraordinary and special „constitutional situation” may remain in force after the expiration of the 15 days long term only if the Parliament has given its authorization to the Government to maintain and extend the effect of these decrees.

By adopting the Coronavirus Act the Parliament has given to the Government the above authorization.

The Government may only exercise this extraordinary power to prevent, mitigate and eliminate the pandemic and its detrimental effects and in accordance with the principle of proportionality, however, the question remains as to what role the Parliament will have in legislation in the coming weeks and months.

The Coronavirus Act requires the Government to report to the Parliament on a regular basis and to inform the President of the Parliament and the faction leaders in case the Parliament does not hold a meeting.

The Parliament may revoke the above authorization at any time.

The Act temporarily eliminates the possibility of initiating national and local referendums and the holding of interim elections, it postpones the already scheduled polls and elections for the duration of state of danger, furthermore, the decisions on the dissolution of municipal councils enter into force only following the end of this period.

The Act amends the Criminal Code and adds a new criminal offense thereto. According to the amendment, any person who commits the following activities is punishable for obstructing the efforts to combat the pandemic:

  • violating various measures against the pandemic;
  • scaremongering at the scene of public danger or in connection with public danger, which activity can cause disturbance or unrest in a large group of people and prevent or obstruct the effectiveness of the efforts to combat the pandemic.

The Act enters into force as of March 31.