Local Governments

Article 41
(1) The territory of the Republic of Hungary consists of administrative units including the Capital, the counties, cities, towns and villages.

(2) The Capital is divided into districts. Districts may be formed in other cities also.

Article 42
The enfranchised citizens of the villages, towns, of the capital city and its districts, and of the counties are entitled to the right of local self-government. Local self-government means autonomous and democratic management of local affairs by the communities concerned and exercise of local public authority in the interest of the population.

Article 43
(1) All local authorities have the same fundamental rights (44/A). However, the duties and responsibilities of local governments may be different.

(2) The rights and duties of local governments are determined by the law. The Courts protect the lawful exercise of jurisdiction by local authorities. Local governments are free to turn to the Constitutional Court for the protection of their rights.

Article 44
(1) Citizens who have the vote exercise local government through the representative body they have elected and by local plebiscites.

(2) The members of the representative body are elected for a term of four years.

Article 44/A
(1) The local representative body
  1. regulates and administers matters that belong to the competence of the local authority; its decisions may be revised only if there is a question of their legitimacy.
  2. exercises ownership rights in regard to local-authority property, independently budgets the incomes of the local government, and may start ventures on its own responsibility
  3. to deal with its duties as laid down in the law, the local authority is entitled to an adequate income of its own to perform its functions and also receives State support proportionate to its scope of duties
  4. authorizes, within the limits of the law, local taxes (rates), their types and measures
  5. within the limits of the law, it independently sets up its organization and formulates its standing orders
  6. may create local emblems, and found local titles, distinctions and awards
  7. in public affairs of concern to the local community, it may put forward initiatives to the organizations entitled to take decisions
  8. may freely form associations with other local representative bodies, it may create interest organizations with other local authorities, and may within its competence cooperate with local authorities in other countries, and affiliate itself with international organizations of local governments.
(2) A local representative body may frame decrees within its competence, which, however, must not be in conflict with legal provisions of a higher level.

Article 44/B
(1) The Mayor is the president of the local representative body. A representative body may elect committees and set up its own office.

(2) Apart from his duties and responsibilities in local government, the Mayor may exceptionally, on the basis of the law or legal authorization, perform duties of state administration and authority.

(3) A law or government decree may assign state administrative functions and authority to the Notary, and, exceptionally, to the acting director of the office of the representative body.

Article 44/C
The votes of two thirds of the MPs present are necessary for the acceptance of the law on local self-government. The same proportion of votes are necessary for the adoption of a law that limits the fundamental rights of local authorities.