Check for constitutionality or legality of initiatives

National Election Office (website)

http://valasztas.hu/en/ovi/219/219_1.html

Priorexamination

The prior formal and content examination of the initiativesubmitted for verification is done by the National Election Office.

Unless the initiative does not comply with the legalrequirements related to the submission and the formalities, or if the contentof the question is obviously the contrary of the constitutional aim of thereferendum (e.g. pornographic or by other means contains shocking expressions)the National Election Office rejects the initiation in a regulation and noappeal shall lie against the decision.

However the legislation creates the opportunity for the initiatorto submit the corrected initiation again within 15 days after the notificationof a negative decision by the President of the National Election Office. Duringthat time other initiators are not allowed to initiate a national referendumabout the question with the same content.

In case of a repeated submission the National ElectionCommission has to place the initiation on its agenda. The President of theNational Election Office is allowed to refuse the initiation again only, ifthere are less than at least 20 supporting statements.

The judgement of the initiative

The National Election Commission decides on the verificationof the question or on its rejection within 30 days after it has been submitted.

The initiation that is incompatible with the role of thelegal institutions of the referendum in the system of the democratic exerciseof power, because it is pornographic or by other means contains shockingexpressions, is rejected without examination by the National ElectionCommission. The National Election Commission’s decision on the verification orrejection of the question shall be published on the official website of theelections www.valasztas.hu and in the Hungarian Gazette (MagyarK?zl?ny). 

Terms regarding the content –Formulating the question

The most important requirement of the proposed question isthat its subject could only be falling under the task and competence of theNational Assembly. Namely, only those questions can be decided by voters withinthe framework of a referendum that in fact ought to be decided upon by theNational Assembly.