Venice Commission - Observatory on emergency situations
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Disclaimer: this information was gathered by the Secretariat of the Venice Commission on the basis of contributions by the members of the Venice Commission, and complemented with information available from various open sources (academic articles, legal blogs, official information web-sites etc.).
Every effort was made to provide accurate and up-to-date information. For further details please visit our page on COVID-19 and emergency measures taken by the member States: https://www.venice.coe.int/WebForms/pages/?p=02_EmergencyPowersObservatory&lang=EN
1. Are there specific provisions in the constitution of your country applicable to emergency situations (war and/or other public emergency threatening the life of the nation)?
The Fundamental Law of Hungary (hereinafter: FL) contains a section entitled Special Legal Orders; it covers rules governing six types of special legal regimes: state of national crisis, state of emergency, state of preventive defence, state of terrorist threat, unexpected attack and state of danger (see Articles 48-54).
2. Do organic/constitutional or ordinary laws regulating the state of emergency exist in your country?
According to Articles 53 and 54 of the FL the detailed rules to be applied under a special legal order shall be laid down in a cardinal act.
3. Do organic or ordinary laws on health risks or other public emergency exist in your country?
The Disaster Management Act sets out the duties of disaster management bodies, and in particular the Government, as well as the framework for cooperation between government agencies and citizens. Compared to earlier regulations the Act moves the administrative action to the centralised authorities.
4. Was a state of emergency declared in your country due to the Covid-19 pandemic? By what authority and for how long?
The Government, acting under Article 53 Paragraph (1) of the FL, and having regard toParagraphs 2 and 3, declared a state of danger in the entire territory of Hungary, in relation to a massive disease outbreak. The Government Decree 40/2020 (11 March) on the declaration of state of danger entered into force at 3 p.m. on the day of its promulgation (for the English text click here).
5. Was the declaration subject and submitted to parliamentary approval (if it was taken by the executive)?
It is the exclusive competence of the Government to declare the state of danger. Therefore, the consent of the Parliament is not required for declaring (or terminating) the state of danger.
6. Was the declaration subject and submitted to judicial review? Was it found justiciable?
The Constitutional Court, as the principal organ for the protection of the FL, shall examine whether the laws (and the judicial decisions) comply with the criteria of constitutionality. Article 54 Paragraph (2) of the FL clearly states that under a special legal order, the application of the FL may not be suspended, and the operation of the Constitutional Court may not be restricted. This provides the constitutional control over the actions of the Government in a state of danger too. However, no petition has been submitted to the Constitutional Court asking the constitutional review of the Government Decree 40/2020 (11 March) on the declaration of state of danger.
7. Are derogations to human rights possible in emergency situations under national law? What are the circumstances and criteria required in order to trigger an exception? Was a derogation under Article 15 ECHR or under any other international instrument made? Does national law prohibit derogation from certain rights even in emergency situations? Is there an explicit requirement that derogations should be proportionate, that is limited to the extent strictly required by the exigencies of the situation, in duration, circumstance and scope?
Article 54 Paragraph (1) of the FL clarifies that under a special legal order, the exercise of certain fundamental rights – with the exception of the fundamental rights provided for in Articles II and III (right to life and human dignity; prohibition of torture; inhuman or degrading treatment or punishment; servitude; human trafficking; medical or scientific experiment on human beings without their consent; eugenics; use of human body for financial gain; human cloning), and Article XXVIII Paragraphs (2) to (6) (presumption of innocence, right to defence, nullum crimen, ne bis in idem) – may be suspended or may be restricted beyond the extent specified in Article I Paragraph (3). This means that the level of restriction, compared to peacetime rules (necessity, proportionality, respect of the essential content), may be exceeded. It must be emphasized that the suspension or restriction, in line with the extraordinary status, still shall be necessary and proportionate (the wording “beyond” suggests that tthe same constitutional requirements are to be met, although the treshold of "proportionality" may be arguably lower).
8. Which human rights have been limited/derogated from in your country, in the context of the Covid-19 pandemic?
Government Decree 41/2020 (11 March) on the measures to be taken during the state of danger related to the COVID 19 epidemy provided for the following measures: temporarily reintroduction of border controls, blocking access to trains, bus and civilian passenger aircrafts coming from the territory of the Italy, China, the Republic of Korea, Israel and Iran; access to Hungary was prohibited for all foreign citizens, with exception of EEA citizens entitled to permanent residence; health screening and (self)quarantine for nationals returning from high-risk countries; closure of higher education institutions. (See in English here).
9. If a declaration of state of emergency was not made, did the Executive enjoy additional powers under the ordinary legislation on health risks or another public emergency? Did it decide to impose exceptional restrictions on human rights based on these laws?
The Hungarian constitutional framework is based on a system of six different types of special legal regimes (orders). After having declared the mildest of these, i.e. the state of danger on 11 March, the Government has issued several decrees on emergency steps to combat the threat of the virus. In addition, some powers were given to the Government by the Act XII of 2020 on the containment of coronavirus (see in English here). Finally, Act LVIII of 2020 on the transitional measures related to the termination of the state of danger and on epidemiological preparedness amended the rules of health crisis and provided the Government with a wide range of crisis management powers.
10. Are the possibilities for the Executive to derogate from the normal division of powers in emergency circumstances limited in duration, circumstance and scope?
As mentioned above, Article 53 Paragraph (2) of the FL entitles the Government to adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures in a state of danger. These decrees shall remain in force for fifteen days, unless the Government, on the basis of authorisation by the National Assembly, extends those decrees.
11. Were the sessions of parliament suspended during the Covid-19 pandemic? If so, for how long? Were specific rules on the functioning of parliament during the emergency adopted? By parliament or by the executive?
The Parliament remained in session during the state of danger, functioning pursuant to the normal, "peacetime” rules. That being said, according to its preamble, Act XII was adopted and special powers were given to the Government "bearing in mind especially that due to the human epidemic, the National Assembly might be unable to hold sittings" (see in English here).
12. Were the judicial sessions of the Constitutional Court or court with equivalent jurisdiction and/or other courts be suspended during the Covid-19 pandemic? If so, for how long? Were specific rules on the functioning of these courts during the emergency adopted? By parliament or by the executive?
Article 54 Paragraph (2) of the FL clearly states that under a special legal order, the application of the FL may not be suspended, and the operation of the Constitutional Court may not be restricted. This provides the constitutional control over the actions of the Government in a state of danger too.
13. Was legislation on the state of emergency or on the emergency amended or adopted to deal with the Covid-19 pandemic?
In addition to Act XII of 2020 giving the Government new powers to combat and contain the coronavirus (see in English here), Act LVIII of 2020 on the transitional measures related to the termination of the state of danger and on epidemiological preparedness amended the rules of health crisis providing the Government with a wide range of crisis management powers. The amendment sets out that – if the statutory preconditions exist – the state of health crisis ("epidemiological preparedness") shall be declared by governmental decree on the proposal of the minister responsible for healthcare based on the recommendation of the chief medical officer. According to the amendment by means of a decree the Government could restrict or prohibit:
14. Was this additional legislation subject to judicial review?
Act XII of 2020 on the containment of coronavirus amended the Criminal Code introducing punishment of those who hinder protective epidemiological measures: i.e. obstruction of the emergency measures, which are aimed at protecting the public health and limit citizens’ free movement and certain patient rights, e.g., the isolation of patients as well as those suspected of carrying the virus [New Section 322/A of the Criminal Code]. The amendment also orders the imposition of graver sanctions for scaremongering and the spreading of fake news [Section 337 of the Criminal Code].
15. Was the state of emergency prolonged? For how long? Was the prolongation subject and submitted to parliamentary control? Was it subject and submitted to judicial review?
In the Hungarian constitutional framework, it has been the competence of the Government to declare or terminate a state of danger. The decree declaring the state of danger does not have a „sunset clause” i.e. the state of danger is in place until the threat that caused the introduction of the special legal order has ceased to exist. Thus, if the conditions for the declaration no longer exist, the Government is obliged by the provisions of the FL to terminate the state of danger by a governmental decree.
16. What are the legal remedies available against general measures and/or individual taken under the state of emergency? What are the legal remedies for measures taken in application of ordinary legislation on health crisis? Has any change to the available legal remedies been decided on account or brought about by the state of emergency? Were any emergency measures invalidated and for what reasons (competence, procedure, lack of proportionality etc.)
The Constitutional Court is the main body for the protection of the FL; it shall examine whether the laws (and the judicial decisions) comply with the criteria of constitutionality. Article 54 Paragraph (2) of the FL clearly states that under a special legal regime (order), the application of the FL may not be suspended, and the operation of the Constitutional Court may not be restricted. This provides the constitutional control over the actions of the Government in a state of danger too.
17. If parliamentary and/or, where applicable, presidential elections were scheduled to take place during the Covid-19 emergency: were they held? Were special arrangements made, and if so, which arrangements? Was it necessary to amend the electoral legislation? What was the turnout? How was it compared to the previous elections? If they were postponed, what was the constitutional or legal basis for doing so? Who took the decision? For how long were they postponed? Was this decision subject and submitted to parliamentary control or judicial review?
Section 6 (2) of the Act XII of 2020 on the containment of coronavirus laid down that no by-elections may be called until the day following the end of the period of state of danger; the elections already called shall not be held. The distributed recommendation sheets shall be returned within fifteen days of the entry into force of the Act to the election offices, where they shall be destroyed. The elections not called or not held shall be called within fifteen days of the end of the period of state of danger.
18. Same questions as under 17), mutatis mutandis, as regards local elections and referendums.
Section 6 (3) of the Act XII of 2020 on the containment of coronavirus set out that no national and local referendums may be initiated until the day following the end of the period of state of danger; the national and local referendums already called shall not be held. All time limits specified in Chapters II to IV of Act CCXXXVIII of 2013 on initiating referendums, the European citizens’ initiative and the referendum procedure shall be interrupted. The time limits shall start to run again from the day following the end of the period of state of danger. The national and local referendums not called or not held shall be called within fifteen days of the end of the period of state of danger.
Hungary
The regulation of the special legal regimes (orders) is therefore entrenched in the FL. Article 54 Paragraph (1) of the FL clarifies that under a special legal order, the exercise of certain fundamental rights – with a number of exceptions regarding non-derogable rights – may be suspended or may be restricted beyond the extent specified in Article I Paragraph (3). Further safeguards are set in Paragraph (2) of the same Article which adds that under a special legal order, the application of the FL may not be suspended, and the operation of the Constitutional Court may not be restricted.
The state of national crisis shall be declared by the Parliament in the event of a state of war or danger of war (i. e. imminent danger of armed attack by a foreign power). For the declaration of a state of war or the declaration of a special legal order pursuant to paragraph (1), a majority of two thirds of the votes of all Members of Parliament shall be required. In this situation the Parliament establishes the National Defence Council, which exercises the rights of the President of the Republic and the Government and which is delegated to it by the Parliament. This is the highest level of emergency that refers especially to mobilisation for military defence.
The state of emergency is declared by the Parliament in the event of actions aimed at the overthrowing of the lawful (constitutional) order or at the exclusive acquisition of power, and of serious mass acts of violence threatening life and property; committed with arms or in an armed manner. The most important powers are exercised by the President of the Republic.
The state of preventive defence shall be declared by the Parliament for a fixed term in the event of a threat of an external armed attack or in order to meet an obligation arising from a military alliance. After initiating the declaration of a state of preventive defence the Government is entitled to adopt special measures affecting the operation of public administration, the military forces and the law enforcement agencies. This regulation ensures that these subordinate bodies are carrying out their duties required by threats or alliance obligations without delay.
The state of terrorist threat shall be declared by the Parliament in the event of a significant and direct threat of a terrorist attack or in the event of a terrorist attack. It is the internal security equivalent of the state of preventive defence and creates an opportunity to use the military forces if the forces of the police and national security services are insufficient.
In the event of an unexpected attack (i. e. unexpected invasion of external armed groups into the territory of Hungary) the Government is obliged by the FL to take immediate actions to repel the attack and to defend the territory of Hungary. This is a temporary institution whose aim is to make the Government able to respond immediately to the aggression threatening the territory of the state in order to protect law and order, life and property, public order and public safety.
The state of danger shall be declared by the Government in the event of a natural disaster or industrial accident endangering life and property, or in order to mitigate its consequences. Under Article 53, the extraordinary measures uder the state of danger are to be defined in a cardinal act. During the state of danger the Government may legislate by decrees, of a limited duration of 15 days, until their confirmation by Parliament, and not longer than the state of danger exists.
These disasters are described in more detail in the Act CXXVIII of 2011 on disaster management (hereinafter: Disaster Management Act), e. g. flood, inland waters, extreme weather events, consequences of industrial accidents, and human or animal epidemic as well. During the state of danger, the Government may adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures. Unlike the previous special legal order types the purpose of immediate action in a state of danger is not the armed defence of the state but to eliminate the disaster in order to minimize the consequences.
The Act CXIII of 2011 on National Defence and the Hungarian Defence Forces, and on measures to be introduced in the special legal order defines the competence and operation of the National Defence Council (Sections 30–34); and the special measures that may be introduced in the case of state of terrorist threat, state of preventive defence, state of national crisis, state of emergency and unexpected attack. (Sections 64–79). The latter provisions contain e. g. special measures on defence administration, special measures on public administration, public order and safety, special measures on jurisdiction, special measures on economical and obligation of material services, and special regulations on preventive defence.
The Health Care Act CLIV of 1997 defines health crisis as any event, usually unexpected, which endangers or damages the life, physical integrity, health of the citizens or the functioning of healthcare institutions, which requires the cooperation of public health bodies, health care instututions and other state and municipal bodies. The state of health crisis shall be declared by the minister responsible for healthcare. In the event of a health crisis, the patients' rights specified in the Health Care Act may be exercised only if and to the extent that they do not jeopardize the effectiveness of the elimination of the health crisis. However, the patient's right to human dignity cannot be restricted in this case either.
In relation to a COVID-19 crisis, a new act was adopted in 2020: Act LVIII of 2020 on the transitional measures related to the termination of the state of danger and on epidemiological preparedness. It amended the rules of health crisis and provided the Government with a wide range of crisis management powers. The amendment sets out that – if the statutory preconditions exist – the state of health crisis ("epidemiological preparedness") shall be declared by governmental decree on the proposal of the minister responsible for healthcare based on the recommendation of the chief medical officer. According to the amendment by means of a decree the Government could restrict or prohibit:
• the operation of any institutions, establishments, events and activities which may contribute to the spread of the epidemic,
• the operation and opening of shops,
• the passenger traffic between certain areas of the country and between Hungary and another country,
• the transport of animals or goods,
• the personal contact of citizens of certain areas of the country, as well as residents of Hungary and other countries
• visiting certain institutions (medical, educational, social child welfare etc.)
• leaving certain areas,
• the sale, consumption or purchase of certain foods
• the consumption of drinking water,
• keeping certain animals.
Additionally, the Government may set out provisions aiming to regulate e. g. supply of medicines, medical aids and health services; the rules on wearing protective equipment; the time period reserved for the elderly in shops and markets; traffic restriction or traffic ban; epidemiological isolation; delivery of consignments. The Government may exercise its power insofar as those are necessary and proportional to the purpose of preventing, tackling and eliminating the health crisis, and preventing and combating its detrimental effects, and may not impose curfew during the state of epidemiological preparedness.
Further amendments stipulate that if the measures outlined by the crisis management law are insufficient, the Government may, in order to guarantee that life, health, person, property and rights of the citizens are protected, and to guarantee the stability of the national economy, by means of a decree, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures during a state of danger declared in the event of human epidemic. The Government may exercise its power for the purpose of preventing, controlling and tackling the human epidemic, and preventing and combating its detrimental effects, to the extent necessary and proportionate to the objective pursued.
The Governmental decree declaring the state of danger does not have a "sunset clause” i.e. the state of danger is in place until the threat that caused the introduction of the special legal order has ceased to exist (this regulation has been in effect in Hungary since 1990 too). Thus, if the conditions for the declaration no longer exist, the Government is obliged by the provisions of the FL to terminate the state of danger by a new governmental decree.
The Act LVII of 2020 terminating the state of danger entered into force 18 June 2020 (for the English translation click here). According to Section 1 the Parliament called on the Government to terminate the state of danger declared on 11 March. The Government terminated the state of danger with the Government Decree 282/2020 (17 June) which entered into force 18 June 2020 (click here). On the very same day the Government, declaring a state of health crisis, has introduced a state of epidemiological preparedness in the entire territory of Hungary (Government Decree 283/2020 of 17 June) on introducing a state of epidemiological preparedness (for the English version click here).
Article 53 Paragraph (2) of the FL entitles the Government to adopt decrees by means of which it may, as provided for by a cardinal Act, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures in a state of danger. These decrees shall remain in force for fifteen days, unless the Government, on the basis of authorisation by the National Assembly, extends those decrees.
After declaring the state of danger on 11 March, the Government issued several decrees on emergency steps to combat the threat of the virus. The Act XII of 2020 on the containment of coronavirus confirmed these regulations and authorised the Government to extend the applicability of the government decrees adopted in the state of danger until the end of the period of state of danger.
As the end of the pandemic was not to be foreseen or determined, the Act did not include an end date for this authorisation. However, the Act expressly gave the National Assembly the power to revoke the authorisation, either in general or in the case of specific measures, accorded to the Government, at any moment Parliament sees appropriate.
The Act further stipulated that the Government is required to keep Parliament informed about the measures adopted (were the Parliament not in session, the Speaker of the House and the heads of the parliamentary groups would be informed). These provisions keep a very strong control in the hands of the National Assembly and ensure that the extraordinary measures apply only as long as strictly necessary in order to protect citizens’ health and security.
According to Act LVII of 2020 on terminating the state of danger, the Act XII of 2020 on the containment of coronavirus was repealed on the day of the termination of the state of danger (i. e. 18 June 2020).
Accordingly, Act XII of 2020 on the containment of coronavirus set out that the Government may exercise its power during the state of danger only for the purpose of preventing, controlling and eliminating COVID 19, and preventing and averting its harmful effects, to the extent necessary and proportionate to the objective pursued.
No derogation from international obligations has been made in Hungary under the Convention for the Protection of Human Rights and Fundamental Freedoms or any other international instrument.
Government Decree 46/2020 (16 March) provided for: the closure of catering facilities and stores between 3 p.m. and 6 a.m. (except shops selling food, household products and pharmacies); ban on organising and attending public events, performances and assemblies. (See in English here).
Government Decree 47/2020 (18 March) affected the freedom of contract: it introduced payment moratorium for the capital, interest and fee payment obligations of debtors arising from credit, loan or financial lease contracts. See in English here. Government Decree 62/2020 (24 March) on detailed rules concerning payment moratorium of Government Decree 47/2020 (18 March) set out further detailed provisions on the subject. See in English here. The Decree has frozen the rental fees and prohibited termination of lease contracts in certain sectors (tourism, catering, gambling, film industry, performing arts, event organising or sports services). Any employer may unilaterally order employees to work at home or to work remotely and may take necessary and justified measures for checking the health of employees. It provided that, upon agreement between the employee and the employer, they may depart from the provisions of the Hungarian Labour Code.
Government Decree 64/2020 (25 March) on measures related to the export of certain medicaments imposed an export ban hydroxychloroquine sulphate. (See in English here)
Government Decree 71/2020 (27 March) (see in English here) on restricting movement imposed a curfew with the following details:
• obligation to limit social contact with other persons, with the exception of those living in the same household, as much as possible, and to maintain a distance of at least 1.5 meters from others;
• leaving a domicile, place of residence or private home shall be permitted only for a justified reason set out in the Decree (e. g. work activities, access to health care services, shopping in a grocery store selling daily consumer goods etc.)
• designated shopping hours for the elderly (age 65 and over), closure of catring facilities etc.
Government Decree 81/2020 (1 April) prohibityed foreign citizens, with certain exceptions, to enter the territory of Hungary. Hungarian citizens, upon arrival to the territory of Hungary via passenger transport, shall be exposed to an obligatory health check, and depending on the outcome of the examination shall be quarantined at a designated facility or at home. See in English
Government Decree 95/2020 (9 April) extending the restriction on movement ordered the curfew imposed by the Government Decree 71/2020 (27 March) on restricting movement is extended until withdrawal (the Government reviewed the decision on a weekly basis); the local municipalities may lay down arrangements for the opening hours of markets operating in their territory, and arrangements for access to the market by persons who are over the age 65; the local municipalities may specify stricter rules for the time of the Easter holidays. See in English here.
Government Decree 118/2020 (16 April), Government Decree 148/2020 (23 April), and Government Decree 167/2020 (30 April) delegated to the local municipalities the power to specify stricter rules for the restriction of movement.
Government Decree 168/2020 (30 April) (see in English here) on protective measures set out that
• with the exceptions of Budapest and Pest County the restriction of movement shall be lifted;
• social distancing rules shall prevail, except those living in the same household, by keeping interpersonal distance of at least 1.5 metres;
• when shopping in a store or staying on a means of public transportation, everybody shall be obliged to wear mouth and nose covers (such as medical masks, scarfs or shawls);
• persons over 65 years are only allowed to visit grocery stores, drugstores, pharmacies between 9-12am (this time slot is reserved for this age group only; however, municipalities may define different rules for markets);
• while students are permitted to return to the higher education institutions in accordance with the respective decision of the rector, they cannot use student dormitories.
Government Decree 170/2020 (30 April) on measures regarding sports events and trainings set out that sports events may be held without spectators, behind closed doors.
Government Decree 179/2020 (4 May) on derogations from certain rules regarding data protection and freedom of information during the state of emergency stipulated that
• in case of data processing with the purpose of preventing and detecting the spread of COVID-19, data subjects may not practice their data subject rights until after the end of the state of danger, any such requests and (court) proceedings shall be stalled until after the end of the state of danger;
• requests for disclosure of data of public interest shall be responded to within 45 days in case responding to the request within the initial deadline of 15 days would prejudice the performance of public duty.
Government Decree 181/2020 (4 May) on the electronic monitoring of mandatory home quarantines provided for the following measures (see in English here):
• the epidemiological authority orders monitoring of the compliance with the mandatory home quarantine via electronic software suitable for tracking the movements of, and for transferring the facial image of, and the health data provided by, the adult concerned having the capacity to act, provided that the adult concerned states that the requirements for installing the software are met and they have the appropriate device, and they volunteer to install and use the software;
• the police may compare the movement data provided by the software with the data of the designated location or mandatory home quarantine;
• the police shall notify the epidemiological authority in case of any violation by the person concerned of the obligation to install and use the software;
• for the identification of the person subject to mandatory home quarantine, the epidemiological authority and the police shall be entitled to process the facial image of the person concerned.
Government Decree 207/2020 (15 May), Government Decree 211/2020 (16 May), and
Government Decree 240/2020 (27 May) gradually lifted some of the restrictions in different areas of Hungary.
As mentioned above, the Act LVII of 2020 terminating the state of danger called on the Government to terminate the state of danger declared on 11 March. The Government terminated the state of danger with the Government Decree 282/2020 (17 June) which entered into force 18 June 2020. Upon the termination of the state of danger, the decrees of the Government adopted in the state of danger ceased to have effect (see Article 54 Paragraph (3) of the FL).
As also mentioned above, the Government, declaring a state of health crisis, has introduced a state of epidemiological preparedness in the entire territory of Hungary with Government Decree 283/2020 (17 June) on introducing a state of epidemiological preparedness.
On 18 June 2020 new protective measures have been introduced by Government Decree 285/2020 (17 June) "On the protection measures of the epidemiological preparedness". Wearing masks is mandatory (except for children under 6) on public transport, in stores during purchase and for vendors in the closed rooms of catering shop. Indoor or outdoor events may be held with no more than 500 people present at the same time.
Entering of foreign citizens to Hungary in passenger traffic is subject to restrictions laid down in Government Decree 341/2020 (VII. 12.). According to the Decree, countries are classified by the decision of the Chief Medical Officer as “red”, “yellow” and “green”, based on the severity of the situation in each, and different restrictions apply to entrants. Separate rules have been introduced for Hungarian citizens (including their family members) and non-Hungarians. Hungarians can freely enter from a country classified “green”. Entry from “yellow” or “red” countries will entail undergoing a health check at the border and 14 days in quarantine unless two consecutive negative coronavirus tests taken 48 hours apart within the previous five days can be proven. Hungarian citizens coming from a “yellow” country depart quarantine after a single test, while those from “red” countries will need two negative tests to do so. The same rule applies to non-Hungarian citizens from “yellow” countries, but those from “red” ones will be forbidden entry altogether. The Chief Medical Officer is continuously monitoring the status of the epidemic in various countries, classified per different colours, and shall review their classification if necessary. (The Hungarian text of the last two documents can be found [here|http://njt.hu/cgi_bin/njt_doc.cgi?docid=220126.384770" target="_blank">here and [here|http://njt.hu/cgi_bin/njt_doc.cgi?docid=220710.386185" target="_blank">here).
Act XII of 2020 on the containment of coronavirus set out that the Government may exercise its power during the state of danger only for the purpose of preventing, controlling and eliminating COVID-19, and preventing and averting its harmful effects, to the extent necessary and proportionate to the objective pursued (see in English here). However, Act XII of 2020 does not limit the Government's power to issue decrees by any time-limit. In particular, Section 2 (1) of Act XII stipulates that "During the period of the state of danger, in addition to the extraordinary measures and rules laid down in Act CXXVIII of 2011 on disaster management and amending certain related Acts, the Government may, in order to guarantee that life, health, person, property and rights of the citizens are protected, and to guarantee the stability of the national economy, by means of a decree, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures."
Act XII of 2020 on the containment of coronavirus (see in English here) stipulated that the President and the Secretary-General of the Constitutional Court shall provide for the continuous operation of the Constitutional Court during the period of state of danger and shall to this end take the measures necessary in terms of operation, case management and preparation of decisions. To remain fully in operation, based on a decision by the President of the Constitutional Court, the plenary sessions of the Constitutional Court and the sittings of the panels may be held using electronic communication means until the end of the period of state of danger.
Furthermore, during the period of state of danger, the President of the Constitutional Court may permit derogation from the rules of procedure of the Constitutional Court.
The President of the Constitutional Court issued an order on the organisational, operational, administrative and decision-preparing measures connected to the continuous operation of the Constitutional Court during the state of danger. (See in English here).
On a proposal from the President of the Curia, the President of the National Office for the Judiciary and the Prosecutor General, the Government Decree 45/2020 (14 March) (II) introduced an extraordinary court vacation which had been in effect until 30 March. Government Decree 74/2020 (31 March) on certain procedural measures applicable during the period of state of danger defined specific procedural rules applicable under the state of danger.
• the operation of any institutions, establishments, events and activities which may contribute to the spread of the epidemic,
• the operation and opening of shops,
• the passenger traffic between certain areas of the country and between Hungary and another country,
• the transport of animals or goods,
• the personal contact of citizens of certain areas of the country, as well as residents of Hungary and other countries
• visiting certain institutions (medical, educational, social child welfare etc.)
• leaving certain areas,
• the sale, consumption or purchase of certain foods
• the consumption of drinking water,
• keeping certain animals.
Additionally, the Government may introduce regulations on the supply of medicines, medical aids and health services; adopt rules on wearing protective equipment; define the time period reserved for the elderly in shops and markets; introduce traffic restriction or traffic ban; order epidemiological isolation; regulate the delivery of consignments. The Government may exercise its power insofar as those are necessary and proportional to the purpose of preventing, tackling and eliminating the health crisis, and preventing and combating its detrimental effects, and may not impose curfew during the state of epidemiological preparedness.
Further amendments lay down that if the measures outlined by the crisis management law are insufficient, the Government may, in order to guarantee that life, health, person, property and rights of the citizens are protected, and to guarantee the stability of the national economy, by means of a decree, suspend the application of certain Acts, derogate from the provisions of Acts and take other extraordinary measures during a state of danger declared in the event of human epidemic. The Government may exercise its power for the purpose of preventing, controlling and tackling the human epidemic, and preventing and combating its detrimental effects, to the extent necessary and proportionate to the objective pursued.
A constitutional complaint has been submitted to the Constitutional Court requesting the Court claiming that the amended Section 337 (2) of the Criminal Code is contrary to the FL, and requesting to annul it on the basis of Section 41 (1) of the Act CLI of 2011 on the Constitutional Court. In its decision 15/2020. (VII. 8.), the Constitutional Court declared that the amendment is in line with the FL, and that it puts necessary and proportionate limits on freedom of speech. The decision emphasized that the Criminal Code prohibits communication of knowingly false or distorted facts to the general public only if the authorities are thereby hindered to implement protective measures during the an emergency situation (i .e. special legal order). The ban does not apply to critical opinions. However, the Constitutional Court, in the interests of legal certainty and acting ex officio, considered it necessary to confirm the interpretation of the amendment in the form of a constitutional requirement : if the fact alleged at the time of the offense is disputed and only proves to be false at a later date, communication of such facts does not constitute scaremongering, therefore the person disseminating such facts cannot be held criminally liable.
Some Decrees adopted during the state of emergency by the Government were challenged before the Constitutional Court; most of these cases are still pending except the following - in its decision 3234/2020 (VII. 1.) the Court found that Section 4 of the Government Decree 92/2020 (IV.6.) laying down derogations applicable to the central budget of Hungary for the year 2020 during the period of state of danger (distraction of vehicle tax from the local governments, limitation of the local governments’ property rights in a state of danger) is in line with the FL.
For the case-law of the Curia related to the COVID-19 legislation [click here|https://www.venice.coe.int/files/EmergencyPowersObservatory/attachments/Hungary_caselaw.docx].
The extraordinary court vacation which had been in effect until 30 March may have had the effect of delaying some of the proceedings related to individual complaints arising from the emergency measures.