The Armed Forces and the Police

Article 40/A
(1) The armed forces (Hungarian National Army, Border Guard) have the fundamental function of providing military protection for the homeland. For the ratification of the law on the duties of the armed forces and the detailed rules applying to them, the votes of two thirds of the MPs present are necessary.

(2) The fundamental function of the police is to safeguard public security and defend law and order. The ratification of the law on the police and the detailed rules connected with national security require two thirds of the votes of the MPs present.

Article 40/B
(1) Except for military exercises based on valid international agreements or peace maintenance activities performed on request of the United Nations Organization, the armed forces may cross state borders only with the prior consent of parliament.

(2) The armed forces may be used only in times of an emergency situation promulgated in accordance with the provisions of Constitution, in case of armed action aimed at the overthrow of the constitutional order or at the seizure of absolute power, furthermore in cases of violence committed with arms, or the use of force in a manner endangering the safety of the life and property of citizens on a mass scale, and only when the deployment of the police is not sufficient.

(3) Unless there is a valid international agreement containing other provisions, the command of the armed forces is the exclusive province of Parliament, of the President of the Republic, the National Defence Council, the Government and the competent minister as laid down in the Constitution or in a separate law.

(4) A law adopted with the votes of two thirds of the MPs present may restrict any party activity by the regular members of the armed forces and of the police.

Article 40/C
(1) Unless there is a valid international agreement in force to the contrary, foreign armed forces may not pass through and may not be used or be stationed in, the territory of the country without the prior consent of Parliament.

(2) International agreements that concern national defence must be confirmed in the law and promulgated.