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The President of the Republic. 1. Constitutional position. 1.1 The procedure of the mandate’s origin presidential systems > executive power > direct election parliamentary systems > neutral, equalizer authority
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1. Constitutional position 1.1 The procedure of the mandate’s origin • presidential systems > executive power > direct election • parliamentary systems > neutral, equalizer authority • powerful president > direct election (France, Romania, Russia, Poland) BUT Slovakia • powerless president > indirect election (Germany, Italy, Czeh Republic, Hungary) BUT Austria, Bulgaria
1.2 The President of the Hungarian Republic • Antecedents: Act I of 1946, Act XX of 1949, Act XXXI of 1989 • National Round Table: MSZMP, KDNP, MDF: powerful; before the Parl. elections vs. SZDSZ, Fidesz: powerless, election after > four-affirmative referendum (November 1989) • Plebisctitary try efforts: 1990, 1995 • Act I of 1946 + the Commander in Chief of the armed forces, - counter-signature • „half-presidential” (Pokol), „medium powerful” (Sajó), „double executive power”(Schmidt) • Experiences of the election in 2005: consequences of the unsuccessful election, votes in the third round (should invalid votes count?, what does „invalid” mean?), ballot secrecy
2. Jurisdiction Four sorts of decision authority (DECISION 48/1991 AB) • Validity requirement: concurring decision of an other organ - counter-signature: - international treaties - ambassadors - appointments - awards - right to individual pardon, citizenship
b) Independent decision-maker, only initiator, further decision required: - political veto - constitutional veto - inititation of national referenda - recommandation for the President of the National Bank of Hungary, the General Prosecutor and the Ombudsmen - adjourment of the Parliament, but reconvening after written request signed by one-fifth of the Members of Parliament
c) Independent political decision (disorders of democratical operation of the state organization): - dissolution of the Parliament - reconvene the dissolved Parliament - declaration of state of war, danger of war or state of emergency,if the Parliament be obstructed, BUT prior concent of the Speaker of the Parliament, the President of the Constitutional Court and the Prime Minister - convene an extraordinary plenary session - refusal of an appointment because of content reason
d) Decision fixed to a deadline: - promulgate the law - announce the dates of elections - refusal because of formal reason The Commander in Chief of the armed forces: NOT a competence, but a duty to be fulfilled together with others (DECISION 48/1991 AB)
