EUROPAM

European Public Accountability Mechanisms

Hungary

Country score (European Average*)
  • 75(67) Political Financing
  • 75(50) Financial Disclosure
  • 28(41) Conflict of Interest
  • 59(56) Freedom of Information
  • 76(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)24,630
Population, total9,844,686
Urban population (% of total)71.2
Internet users (per 100 people)76.1
Life expectancy at birth (years)75.1
Mean years of schooling (years)11.6
Global Competitiveness Index4.2
Sources: World Bank, UNDP, WEF.

Political Financing

The Act on the Operation and Financial Management of Political Parties (1989, amended 2012), the Act on the Transparency of Campaign Costs Related to the Election of the Members of the National Assembly (2013) and the Act on Electoral Procedure 2013 are the main laws regulating the funding of political parties in Hungary.

There are some limits on the private income of political parties. There are bans on donations from foreign entities, corporations generally and anonymous donors but donations from trade unions are not banned. There are also prohibitions on donations from various other entities such as budgetary bodies. There are no limits on the amount of donation. 

Public funding is available to political parties. This is allocated according to the share of votes in the previous election, the representation in the elected body and the participation in the previous election. The funding may only be used during the election campaign period to cover real costs related to campaign activities. There is also subsidized access to the media and tax relief available as forms of indirect public funding support. 

For regulations on spending, there is a ban on vote buying and on some state resources being used in favour or against a political party or candidate. There are limits on the amount a political party can spend. 

Parties are required to report on their finances annually. The reports must include details on their finances in relation to election campaigns, must be made public and must in some cases reveal the identity of donors. Reports are overseen by the Court of Account and the State Audit Office. There are sanctions for breaches of the provisions of the law in the form of fines, the loss of public funding and forfeiture.


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income424242
Public funding757575
Regulations on spending100100100
Reporting, oversight and sanctions758383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. The party may not accept financial contributions from another state.‌ (Law XXXIII of 1989, amended 2012 on the Operation and Financial Management of Political Parties, Section 4.3)
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. 4(1) Party’s patrimony consists in members' subscriptions, subsidies from state budget, real estates freely assigned by the state based on § 5 of this law, patrimony contributions of legal entities, of trade companies without legal personality and of natural persons, natural persons’ testamentary legation, party’s economic activities according to § 6, profit tax of limited liability companies and undertakings with sole shareholder set up by the party. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties (amended in 2014) Section 4.1)
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? Yes. Budgetary bodies as well as state undertakings, trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies may not contribute to a party’s patrimony, and the party may not accept patrimony contributions from budgetary bodies as well as from state undertakings, from trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies – except for the provisions of § 4 line (1). (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties) Section 4.‌2)
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Budgetary bodies as well as state undertakings, trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies may not contribute to a party’s patrimony, and the party may not accept patrimony contributions from budgetary bodies as well as from state undertakings, from trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies – except for the provisions of § 4 line (1). (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties) Section 4.‌2)
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. The party may not accept anonymous donations; such donations shall be transferred to the foundation provided at § 8 line (1). (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Art 4.‌3)
Is there a ban on anonymous donations to candidates? No. Absent from legal framework

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Budgetary bodies as well as state undertakings, trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies may not contribute to a party’s patrimony, and the party may not accept patrimony contributions from budgetary bodies as well as from state undertakings, from trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies – except for the provisions of § 4 line (1). (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 4(2) )
Is there a ban on any other form of donation? Yes. Budgetary bodies as well as state undertakings, trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies may not contribute to a party’s patrimony, and the party may not accept patrimony contributions from budgetary bodies as well as from state undertakings, from trade companies with participation from the state, foundations benefiting from direct budgetary subsidies or from subsidies from budgetary bodies – except for the provisions of § 4 line (1). (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Art 4.‌2)

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. The remained amount of 75% shall be distributed between the parties depending on the votes obtained by the party during the first valid elections, respectively by the candidates appointed by the party, based on the results of the parliamentary elections. The parties that do not obtain at least 1% of the votes of the voters shall not benefit from budgetary subsidies. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 5(2) )
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. The share of 25% of the amount that may be allotted to parties according to the state budget law shall be distributed – in equal percentage – to the parties that have obtained Parliamentary mandates on national lists. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 5.2)
Eligibility criteria for direct public funding to political parties: Participation in election Yes. Section 1 (1) At the general elections and by-elections of the Members of the National Assembly, each representative candidate for a single mandate constituency (hereinafter referred to as candidate) shall be entitled to support from the central budget amounting to one million HUF. (Act LXXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 1(1))
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. The remained amount of 75% shall be distributed between the parties depending on the votes obtained by the party during the first valid elections, respectively by the candidates appointed by the party, based on the results of the parliamentary elections. The parties that do not obtain at least 1% of the votes of the voters shall not benefit from budgetary subsidies. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 5(2))
Allocation calculations for direct public funding to political parties: Equal Yes. The share of 25% of the amount that may be allotted to parties according to the state budget law shall be distributed – in equal percentage – to the parties that have obtained Parliamentary mandates on national lists. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 5(2))
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded Yes. Section 5 (1) The support according to Section 3 and Section 4 shall be based on the product of the total number of mandates that can be acquired at the general election of the Members of the National Assembly multiplied by five million HUF. Section 3 (1) At the general election of the Members of the National Assembly, the parties setting up a party list shall be entitled to the following amounts from the central budget specified in Section 5: a) 15% of the amount specified in Section 5 if they nominate a candidate in at least twenty-seven, b) 30% of the amount specified in Section 5 if they nominate a candidate in at least fifty-four, c) 45% of the amount specified in Section 5 if they nominate a candidate in at least eighty, d) 60% of the amount specified in Section 5 if they nominate a candidate in all single mandate constituencies. (Act LXXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 5(1) & 3(1))
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. (3) The support may only be used during the election campaign period to cover real costs related to campaign activities as defined in the Act on Electoral Procedures. (Act LXXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 1(3))
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. (1) In the campaign period, political advertisements shall be broadcast by the media provider with identical conditions – especially with regard to the number, appearing order, timeframe and time of broadcast of politcal advertisements – offered to nominating organisations that put forward candidates and the independent candidates. In case of joint candidates the nominating organisations are entitled jointly to order political advertisement. (Act XXXVI of 2013 on Electoral Procedure Section 147(1))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework ( )
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? Yes. (1) In the campaign period, political advertisements shall be broadcast by the media provider with identical conditions – especially with regard to the number, appearing order, timeframe and time of broadcast of politcal advertisements – offered to nominating organisations that put forward candidates and the independent candidates. In case of joint candidates the nominating organisations are entitled jointly to order political advertisement. (Act XXXVI of 2013 on Electoral Procedure Section 147(1))

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief Yes. (1) In order to cover the expenses and increase the patrimony, the party shall perform the following economic activities: a) in order to promote its political objectives and activities, it may publish and distribute publications, it may trade badges and other such objects bearing the party’s symbol, and it may organize party manifestations; b) it may capitalize and alienate, against payment, movable and immovable assets of its patrimony. (2) The party shall not pay corporate tax for the activities provided at line (1). (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 6(1) & (2))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Section 350 (1.i) vote, and receives financial benefits therefor is guilty of a felony punishable by imprisonment not exceeding three years. (Criminal Code, 2012, Section 350 (1.i))
Are there bans on state resources being used in favour or against a political party or candidate? Yes. In buildings serving as premises for state or municipality authorities, it shall be prohibited to carry out campaign activities, hold rallies, except at settlements with less than five hundred inhabitants, provided that no other community building is available. (Act XXXVI of 2013 on Electoral Procedure Section 145(2))
Are there limits on the amount a political party can spend? Yes. Section 7 (1) To cover their costs related to election campaign activities during the election campaign period, a) the independent candidate, b) the party nominating a candidate or setting up a party list and the candidate thereof together, for each candidate, c) the national minority self-government setting up a nationality list at the general election of the Members of the National Assembly, for each candidate may use a maximum of five million HUF. (Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 7(1))
Are there limits on the amount a candidate can spend? Yes. Section 7 (1) To cover their costs related to election campaign activities during the election campaign period, a) the independent candidate, b) the party nominating a candidate or setting up a party list and the candidate thereof together, for each candidate, c) the national minority self-government setting up a nationality list at the general election of the Members of the National Assembly, for each candidate may use a maximum of five million HUF. (Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 7(1))

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Parties have the obligation until April 30th of each year, to publish in the Official Gazette of Hungary and the parties that have their own website, on their website, a report on the economic activity of the previous year according to the pattern provided at appendix no. 1 to this law. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 9(1))
Do political parties have to report on their finances in relation to election campaigns? Yes. Section 8/A (1) A party setting up a party list shall submit an aggregated financial statement to the Treasury on all support according to Section 1 to be used by it and disbursed to it according to Section 2/A within 15 days after the list results of the election of the Members of the National Assembly in the relevant single mandate constituency have become effective, and attach to the statement the copies of all associated accounting documents. (Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8/A(1))
Do candidates have to report on their campaign finances? Yes. Section 8 (1) If a candidate signs an agreement with the Treasury according to Section 2, they shall submit a financial statement to the Treasury within 15 days after the individual results of the election of the Members of the National Assembly in the relevant single mandate constituency have become effective, and attach to the statement the copies of all accounting documents concerning the use of the amount of support according to Section 1. (Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8(1))
Is information in reports from political parties and/​or candidates to be made public? Yes. Section 9 (1) All candidates and nominating organisations shall publish in the Official Gazette of Hungary the amount, source and use of state and other funds spent on the election within 60 days after the election of the Members of the National Assembly. (Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 9(1))
Must reports from political parties and/​or candidates reveal the identity of donors? yes. (2) Contributions granted during a calendar year exceeding the amount of five hundred forint, respectively the foreign contributions whose value exceeds one hundred thousand forint shall be provided separately in the financial report – providing the payer and the amount. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 9(2))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. Section 8/B (1) Within one year from the election, the State Audit Office of Hungary shall, ex officio, perform a compulsory audit at the Treasury or, if necessary, at the candidate or, in the case according to Section 2/A, at the party nominating the candidate, concerning the use of the support according to Section 1 with respect to the candidates who have obtained a mandate in the National Assembly. ( Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8/B(1) )
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court Yes. The Court of Accounts shall verify once every two years the patrimony management of the parties that systematically benefited from budgetary subsidies. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 10(2))
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court Yes. The Court of Accounts shall verify once every two years the patrimony management of the parties that systematically benefited from budgetary subsidies. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 10(2))
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. Section 8/B (1) Within one year from the election, the State Audit Office of Hungary shall, ex officio, perform a compulsory audit at the Treasury or, if necessary, at the candidate or, in the case according to Section 2/A, at the party nominating the candidate, concerning the use of the support according to Section 1 with respect to the candidates who have obtained a mandate in the National Assembly. ( Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8/B(1))
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. (3) A candidate who a) fails to submit a statement within the deadline specified in Subsection (1) shall pay double the amount of support according to Section 1, or b) submits a statement, but the statement is, in whole or in part, not approved by the Treasury, shall pay double the amount of support according to Section 1 that has not been properly reported to an account of the Hungarian State Treasury defined by the Treasury. ( Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8(3))
Sanctions for political finance infractions: Loss of public funding Yes. (4) If a candidate a) fails to obtain at least 2% of the valid votes cast in the single mandate constituency, b) drops out based on the Act on Electoral Procedures, except if they die prior to the election, shall pay back the amount of support according to Section 1 to the Treasury. ( Act LXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly, Section 8(4))
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture Yes. The party accepting patrimony contributions by breaching the rule provided at lines (2)-(3) has the obligation to transfer the value of the contribution to the state budget within 15 days – at the request of the Court of Accounts. In case of delay, the debt shall be executed in the same way as the taxes. At the same time, the state subsidy granted to the party shall be decreased by the amount corresponding to the accepted contribution. (Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, Section 4(4) )
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2016


Legislation

Law XXXIII of 1989, amended 2012 on the Operation and Financial Management of Political Parties (English)pdf
Act LXXXVII of 2013 on the Transparency of Campaign Costs related to the Election of the Members of the National Assembly (English)pdf
Act XXXVI of 2013 on Electoral Procedure (English)pdf
Criminal Code, 2012missing file:

Financial Disclosure

The Law of Individual Wealth Declaration Obligations (2007) applies the same financial disclosure requirements to all Hungarian public officials. Thus, Head of State, Ministers, MPs, and Civil Servants must declare real estate, movable assets, cash, and debts. They must also disclose income from outside employment, positions on advisory boards, and any firm ownership. Family members are included in the disclosure and must submit a separate declaration. In addition, only MPs must declare gifts if they exceed one and a half times the value of a monthly salary. 

All public officials make their statements upon taking and leaving office, as well as ad hoc. In addition, the Head of State, Ministers, and MPs make updates annually. All public officials face sanctions for late filling, non-filling, and for making false disclosure. These range from having one’s salary retained to being dismissed from office. The Law on the central state administration bodies and members of the Government and the status of the Secretaries of State (2010) specifies that the Immunity, Incompatibility and Mandate Supervision Committee functions as depository body for all public officials. It is tasked with verifying submissions. However, no enforcement body or body for verifying the accuracy of submissions is specified. The financial disclosure statements by all public officials are made publicly available on a website. 


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items798080
Filing frequency949494
Sanctions100100100
Monitoring and Oversight505050
Public access to declarations505050

Alternative Metric

201220152016Trend
Head of State767676
Ministers767676
Members of Parliament767777
Civil servants717171

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. Relatives living in the same household income, including spouse, cohabitant, and cohabiting parent, child, spouse's child, including adopted and foster children. (Articles 2b-8c of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended in 2015 Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Income and Assets
Real estate Yes. Housing property, non residential, agricultural land. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Movable assets Yes. Vehicles, Artworks (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Cash Yes. Exceeding an amount of ten times the monthly minimum wage (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Loans and Debts Yes. Institution, amounts, dates (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Income from outside employment/assets Yes. Financial position including capital income and income from years back (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Incompatibilities
Gifts received as a public official No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Private firm ownership and/or stock holdings Yes. Detailed ownership information required (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Holding government contracts No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Board member, advisor, or company officer of private firm Yes. Seat and position must be clearly stated (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Post-employment No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Concurrent employment of family members in public sector Yes. Relative must present a separate declaration, including current activity (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)

Filing frequency

Filing required upon taking office Yes. Within 30 days (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Filing required upon leaving office Yes. Within 30 days (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Filing required annually Yes. Due date June 30 (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest Yes. However reviewing procedures may only be initiated by Conflict of Interest Committee prior submission and analysis of evidence of suspicious data (Article 12.A.2 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.2.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. Immunity, Incompatibility and Mandate Supervision Committee (Article 12.A of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Enforcement body explicitly identified No. There is no independent oversight with verification powers over asset declarations or conflicts of interest (European Commission. 2014 Annex 17 Hungary to the EU Anti-Corruption Report)
Some agency assigned responsibility for verifying submission Yes. Immunity, Incompatibility and Mandate Supervision Committee, which may forward to tax authority (Article 12.A of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.4 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Some agency assigned responsibility for verifying accuracy No. There is no independent oversight with verification powers over asset declarations or conflicts of interest (European Commission. 2014 Annex 17 Hungary to the EU Anti-Corruption Report)

Public access to declarations

Public availability Yes. Online (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 33 of the Law on the Right to Self-determination and Freedom of Information, 2011, amended 2015)
Timing of information release specified No. Absent from legal framework. (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Location(s) of access specified Yes. Declaration of assets can be found on a website (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Cost of access specified No. Absent from legal framework. (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Relatives living in the same household income, including spouse, cohabitant, and cohabiting parent, child, spouse's child, including adopted and foster children. (Articles 2b-8c of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015 Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Income and Assets
Real estate Yes. Housing property, non residential, agricultural land. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Movable assets Yes. Vehicles, Artworks (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Cash Yes. Exceeding an amount of ten times the monthly minimum wage (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Loans and Debts Yes. Institution, amounts, dates (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Income from outside employment/assets Yes. Including capital income and income of past 5 years (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Incompatibilities
Gifts received as a public official No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Private firm ownership and/or stock holdings Yes. Detailed ownership information required (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Holding government contracts No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Board member, advisor, or company officer of private firm Yes. Seat and position must be clearly stated (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Post-employment No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Concurrent employment of family members in public sector Yes. Relative must present a separate declaration, including current activity (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)

Filing frequency

Filing required upon taking office Yes. Within 30 days (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Filing required upon leaving office Yes. Within 30 days (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Filing required annually Yes. Due date June 30 (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest Yes. However reviewing procedures may only be initiated by Conflict of Interest Committee prior submission and analysis of evidence of suspicious data (Article 12.A.2 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.2.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. Immunity, Incompatibility and Mandate Supervision Committee (Article 12.A of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.4 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended)
Enforcement body explicitly identified No. There is no independent oversight with verification powers over asset declarations or conflicts of interest (European Commission. 2014 Annex 17 Hungary to the EU Anti-Corruption Report)
Some agency assigned responsibility for verifying submission Yes. Immunity, Incompatibility and Mandate Supervision Committee, which may forward to tax authority (Article 12.A of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.4 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Some agency assigned responsibility for verifying accuracy No. There is no independent oversight with verification powers over asset declarations or conflicts of interest (European Commission. 2014 Annex 17 Hungary to the EU Anti-Corruption Report)

Public access to declarations

Public availability Yes. Online (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Timing of information release specified No. Absent from legal framework. (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Location(s) of access specified Yes. 0
Cost of access specified No. Absent from legal framework. (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Relatives living in the same household income, including spouse, cohabitant, and cohabiting parent, child, spouse's child, including adopted and foster children. (Articles 2b-8c of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015 Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Income and Assets
Real estate Yes. Housing property, non residential, agricultural land. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Movable assets Yes. Vehicles, Artworks (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Cash Yes. Exceeding an amount of ten times the monthly minimum wage (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Loans and Debts Yes. Institution, amounts, dates (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Income from outside employment/assets Yes. Financial position including capital income and income from years back (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Incompatibilities
Gifts received as a public official Yes. Must report and state value when it exceeds 1/12 of montlhy salary, however no donor's name required (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 82 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Private firm ownership and/or stock holdings Yes. Detailed ownership information required (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Holding government contracts No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Board member, advisor, or company officer of private firm Yes. Seat and position must be clearly stated (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Post-employment No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Simultaneously holding policy-making position and policy-executing position Yes. PM and ministers cannot be part of the Parliament (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 80.3-90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 80.3-90 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Concurrent employment of family members in public sector Yes. Relative submits separate declaration, including current activity (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 Article 80.3-90 of the Law XXXVI on the National Assembly, 2012, amended 2015)

Filing frequency

Filing required upon taking office Yes. Within 30 days (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Filing required upon leaving office Yes. Within 30 days (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Filing required annually Yes. Due date June 30 (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest Yes. However reviewing procedures may only be initiated by Conflict of Interest Committee prior submission and analysis of evidence of suspicious data (Article 12.A.2 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.2.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. Immunity, Incompatibility and Mandate Supervision Committee (Article 92 of the Law XXXVI on the National Assembly, 2012, amended 2015 Articles 12.A of the 2010 XLIII Law on the central state administration bodies of the and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Enforcement body explicitly identified No. There is no independent oversight with verification powers over asset declarations or conflicts of interest (European Commission. 2014 Annex 17 Hungary to the EU Anti-Corruption Report)
Some agency assigned responsibility for verifying submission Yes. Immunity, Incompatibility and Mandate Supervision Committee, which may forward to tax authority (Article 12.A of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.4 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Some agency assigned responsibility for verifying accuracy No. There is no independent oversight with verification powers over asset declarations or conflicts of interest (European Commission. 2014 Annex 17 Hungary to the EU Anti-Corruption Report)

Public access to declarations

Public availability Yes. Online (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 33 of the Law on the Right to Self-determination and Freedom of Information, 2011, amended 2015)
Timing of information release specified No. Absent from legal framework. (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Location(s) of access specified Yes. 0
Cost of access specified No. Absent from legal framework. (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Relatives living in the same household income, including spouse, cohabitant, and cohabiting parent, child, spouse's child, including adopted and foster children. (Articles 2b-8c of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015 Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Income and Assets
Real estate Yes. Housing property, non residential, agricultural land. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Movable assets Yes. Vehicles, Artworks (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Cash Yes. Exceeding an amount of ten times the monthly minimum wage (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Loans and Debts Yes. Institution, amounts, dates (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Income from outside employment/assets Yes. Financial position including capital income and income from years back (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Incompatibilities
Gifts received as a public official No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Private firm ownership and/or stock holdings Yes. Detailed ownership information required (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Holding government contracts No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Board member, advisor, or company officer of private firm Yes. Seat and position must be clearly stated (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Post-employment No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)
Concurrent employment of family members in public sector Yes. Relative must present a separate declaration, including current activity (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015)

Filing frequency

Filing required upon taking office Yes. Within 30 days (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Filing required upon leaving office Yes. Within 30 days (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Filing required annually No. Each 2 years. Due date June 30 (Article 12.1 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 5.1-5.2 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest Yes. However reviewing procedures may only be initiated by Conflict of Interest Committee prior submission and analysis of evidence of suspicious data (Article 12.A.2 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.2.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal (Article 9.1 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. Immunity, Incompatibility and Mandate Supervision Committee (Article 12.A of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.4 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Enforcement body explicitly identified No. There is no independent oversight with verification powers over asset declarations or conflicts of interest (European Commission. 2014 Annex 17 Hungary to the EU Anti-Corruption Report)
Some agency assigned responsibility for verifying submission Yes. Immunity, Incompatibility and Mandate Supervision Committee, which may forward to tax authority (Article 12.A of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 Article 14.4 of the Law CLII of Individual Wealth Declaration Obligations, 2007, amended 2015)
Some agency assigned responsibility for verifying accuracy No. There is no independent oversight with verification powers over asset declarations or conflicts of interest (European Commission. 2014 Annex 17 Hungary to the EU Anti-Corruption Report)

Public access to declarations

Public availability Yes. Online (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Timing of information release specified No. Absent from legal framework. (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Location(s) of access specified Yes. Declaration of assets can be found on a website (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)
Cost of access specified No. Absent from legal framework. (Artice 12.2.3 of the Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015)

Qualitative data for 2016


Legislation

Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2015 (Hungarian)pdf
Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2015 (Hungarian)pdf
Law XXXVI on the National Assembly, 2012, amended 2015 (Hungarian)pdf
Law CXII on the Right of Self-Determination and on Freedom of Information, 2011, amended 2015 (English)pdf

Conflict of Interest

No laws on conflict of interests exist for Hungarian Ministers. However, the Constitution (2011, amended in 2013) obliges the Head of State from removing conflicts of interests immediately. It also declares that the office of President is incompatible with any other state, social, economic and political office or assignment, which would prevent engagement in public or private companies. For Members of Parliament, the Law on National Assembly (2012) requires avoiding conflicts of interests, especially so if linked with other professions. It also states that MPs may not accept gifts if they exceed one and a half times the value of a monthly salary. The Law on the Public Servants (2011, amended in 2015) makes a general restriction for Civil Servants to avoid conflicts of interests. In addition, it specifies that a Civil Servant cannot be an executive officer or supervisory board member, and is not eligible for public tenders. No legislation exists on participating in decisions that affect private interests or post-employment of public officials. 

For the Head of State and Members of Parliament, the National Assembly may vote on a dismissal from mandate with a two-thirds-majority should a violation of conflict of interests exist. In case of violation by Civil Servants, a public warning or reprimand may be imposed. No bodies exist for monitoring or providing guidance, and no enforcement body is specified for the Head of State. For MPs and Civil Servants, the National Assembly Standing Committee and the Hungarian Government Officers Commission respectively function as enforcement bodies. 


Quantitative Data

Primary Metric

201220152016Trend
Restrictions353535
Sanctions252525
Monitoring and Oversight252525

Alternative Metric

201220152016Trend
Head of State313131
Ministers000
Members of Parliament343434
Civil servants484848

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. The President elect of the Republic has to abolish the grounds of conflict of interest owed. If the President of the Republic in the exercise of his office has a conflict of interest, it shall immediately be overcome. If the President did not eliminate the reasons of the conflict of interest, any Member of Parliament may propose the declaration of a conflict of interest. (Article 4 of Law CX on legal status and remuneration of the President of the Republic, 2011, amended 2014)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. (Article 12.2 of the Constitution (2011, last amended in 2013))
Ownership of state-owned enterprises (SOEs) Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. (Article 12.2 of the Constitution (2011, last amended in 2013))
Holding government contracts Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. Shall not be eligible as a candidate for a public tender: the person who prepare decisions involved in the tendering procedure or decision-making and the public officials (Article 12.2 of the Constitution (2011, last amended in 2013) Article 6 of Law CLXXXI on transparency of spending of public funds, 2007, amended in 2014)
Board member, advisor, or company officer of private firm Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. (Article 12.2 of the Constitution (2011, last amended in 2013))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. (Article 12.2 of the Constitution (2011, last amended in 2013))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The mandate of the President of the Republic shall terminate upon the declaration of a conflict of interests. The National Assembly shall decide with the votes of two-thirds of the Members of the National Assembly present on the establishment of any condition of the President of the Republic preventing him or her of performing his or her functions for over ninety days, or of the absence of the conditions required for his or her election, or on the declaration of a conflict of interests. (Article 12 of the Constitution (2011, last amended in 2013))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. The representatives of the political context may not accept any gift or a mandate of other free benefits, which exceeds the amount of one month's salary of the respective representatives. The representatives of the salary worth more than equivalent to 1 / 12th part of the threshold and free gifts Allowances to Members - as part of the asset declarations - an obligation to make a statement. (Article 87 of Law XXXVI on the National Assembly, 2012, amended 2014)
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The mandate of a Member of the National Assembly shall terminate upon the declaration of a conflict of interests The Parliamentary mandate is incompatible with any other state, local government and business offices or mandates. The representative except for the scientific, university lecturer, college lecturers, art, editorial, editorial and rain legal protection under intellectual activity in other gainful employment may not engage in other activities - scientific, educational, artistic, proofreading, editing, rain legal protection under intellectual activities and activities under the employment relationship except for foster parents - may not accept any remuneration. A representative activities in the agricultural producer is not considered as gainful employment or other activities in return for remuneration. The representative office of the Prime Minister, Ministers, State Secretaries, Government commissioner, commissioner of the Prime Minister, Prime Minister's ministerial commissioner or commissioners may perform or be an officer of Parliament. The Prime Minister, representing Secretary of State can not be an official member of the National Assembly and the parliamentary committee. (Article 4 of the Constitution (2011, last amended in 2013) Article 80 of the Law XXXVI on the National Assembly, 2012, amended 2014)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The mandate of a Member of the National Assembly shall terminate upon the declaration of a conflict of interests. The National Assembly shall decide with the votes of two-thirds of the Members of the National Assembly present on the establishment of the absence of the conditions required for the election of a Member of the National Assembly, on the declaration of a conflict of interests. (Article 4 of the Constitution (2011, last amended in 2013))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. National Assembly Standing Committee (Article 91-94 of Law XXXVI on the National Assembly, 2012, amended 2014)

Civil servants

Restrictions

General restriction on conflict of interest Yes. The government official a) does not engage in any activity may not show such behavior unworthy of that office, or which would compromise the impartial, interference-free activities; (Article 85 of Law CXCIX on the Public Servants, 2011, amended 2015)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The public official can not a business association executive officer or Supervisory Board member, unless the company directly or indirectly owned by local government, public bodies majority owned or organization or long-term state ownership, or owner of the delegates on the basis of state shares with special rights, and if the company is public, directly or indirectly, influence - on the Capital Market Act CXX of 2001. calculated on the basis of provisions of the law - at least fifty percent. (Articles 85 of Law CXCIX on the Public Servants, 2011, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. The public official can not a business association executive officer or Supervisory Board member, unless the company directly or indirectly owned by local government, public bodies majority owned or organization or long-term state ownership, or owner of the delegates on the basis of state shares with special rights, and if the company is public, directly or indirectly, influence - on the Capital Market Act CXX of 2001. calculated on the basis of provisions of the law - at least fifty percent. (Articles 85-87(2) of Law CXCIX on the Public Servants, 2011, amended 2015)
Holding government contracts Yes. Shall not be eligible as a candidate for a public tender: the person who prepare decisions involved in the tendering procedure or decision-making and the public officials (Article 6 of Law CLXXXI on transparency of spending of public funds, 2007, amended in 2014)
Board member, advisor, or company officer of private firm Yes. The public official can not a business association executive officer or Supervisory Board member, unless the company directly or indirectly owned by local government, public bodies majority owned or organization or long-term state ownership, or owner of the delegates on the basis of state shares with special rights, and if the company is public, directly or indirectly, influence - on the Capital Market Act CXX of 2001. calculated on the basis of provisions of the law - at least fifty percent. (Articles 85 of Law CXCIX on the Public Servants, 2011, amended 2015)
Post-employment No.
Simultaneously holding policy-making position and policy-executing position Yes. Government officials can not be local government, national government representatives to more municipalities, which operates the employing jurisdiction of the state administration. The central state administration bodies and the central and county government official of a government agency can not be President of the local minority government, senior vice president, Chairman of national minority self-government, Vice President and the representative of minority government. The government officials further relationship - scientific, educational, artistic, proofreading, editing, falling under legal protection for intellectual activities and foster employment relationships and volunteer activities in the public interest exception - only establish a prior authorization of the exercising employer's rights. Legal rights to engage in exercise activities, as well as legal rights to engage in voluntary activities in the public interest, prior to the establishment of exercising employer's rights must be notified in writing if such relationship activities carried out in the government's official job tasks directly related. The government officials who exercised contrary to the activity and the public interest in the relationship of conducting a voluntary action alone can establish the employer's rights based on the prior consent of training, the duration of working time working with in accordance with the government's official position. (Article 85 of Law CXCIX on the Public Servants, 2011, amended 2015)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The ethical offense imposed on the offender punishment by a competent public warning or reprimand. (Article 231 of Law CXCIX on the Public Servants, 2011, amended 2015)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Hungarian Government Officers Commission (Articles 83-231 of Law CXCIX on the Public Servants, 2011, amended 2015)

Qualitative data for 2016


Legislation

Constitution, 2011, amended 2013 (English)pdf
Law CX on legal status and remuneration of the President of the Republic, 2011, amended 2014 (Hungarian)pdf
Law XXXVI on the National Assembly, 2012, amended 2014 (Hungarian)pdf
Law CXCIX on the Public Servants, 2011, amended 2015 (Hungarian)pdf
Law CLXXXI on transparency of spending of public funds, 2007, amended in 2014 (Hungarian)pdf

Freedom of Information

Hungary's 2011 Constitution establishes the right to information, while Act CXII on the Right of Informational Self-Determination and on Freedom of Information (2011, amended 2013) outlines implementing measures on the freedom of information regime. The scope of the Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest. Data of public interest is defined as information or data registered in any mode or form, concerning activities undertaken by organizations with state or local government responsibilities, as well as other public duties defined in relevant legislation.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Act CLV on the Protection of Classified Information (2009), and Act LXIII on the Protection of Personal Data and the Publicity of Data of Public Interest (1992). However, there is a public interest test whereby exemptions to disclosure may be overridden in cases where the public interest outweighs the prohibition on disclosure.

Appeals may be filed with the National Authority for Data Protection and Freedom of Information, and with the courts under certain circumstances. 

There are no sanctions specified in the law for violations of FOI provisions. 

However, the National Authority shall be responsible for supervising access to public information implementation and promoting the right to information.


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage939393
Information access and release888888
Exceptions and Overrides838383
Sanctions for non-compliance0067
Monitoring and Oversight333333

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. 2. Every person shall have the right to the protection of his or her personal data, and to access and disseminate data of public interest. (Article VI, Constitution of Hungary, 2011, amended 2013)
"Information" or "Documents" is defined Yes. 5. ‘data of public interest’ shall mean information or data other than personal data, registered in any mode or form, controlled by the body or individual performing state or local government responsibilities, as well as other public tasks defined by legislation, concerning their activities or generated in the course of performing their public tasks, irrespective of the method or format in which it is recorded, its single or collective nature; in particular data concerning the scope of authority, competence, organisational structure, professional activities and the evaluation of such activities covering various aspects thereof, the type of data held and the regulations governing operations, as well as data concerning financial management and concluded contracts; (Section 3 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Proactive disclosure is specified Yes. (1) Access to public information whose publication is rendered mandatory under this Act shall be made available through the internet, in digital format, to the general public without any restriction, in a manner not to allow the identification of specific individuals, in a format allowing for printing or copying without any loss or distortion of data, free of charge, covering also the functions of consultation, downloading, printing, copying and network transmission (hereinafter referred to as “electronic publication”). (Sections 33 and 37 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)

Coverage of public and private sectors

Executive branch Yes. (1) The scope of the present Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; (Sections 2 and 3 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Legislative branch Yes. (1) The scope of the present Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; (Sections 2 and 3 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Judicial branch Yes. (1) The scope of the present Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; (Sections 2 and 3 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Other public bodies Yes. (1) The scope of the present Act encompasses all data control and data processing activities undertaken in Hungary relating to the data of natural persons, as well as data of public interest and data public on grounds of public interest. Data of public interest: information or data other then personal data registered in any mode or form concerning activities undertaken and controlled by the body or individual carrying out state or local government responsibilities, as well as other public duties defined in relevant legislation, regardless of their mode of control, independent or collective nature; (Sections 2 and 3 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Private sector No. Absent from legal framework. (General)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. Legislative proposals and related documents to be published by virtue of law; motions and proposals submitted to public meetings of the councils of local self-governments from the time of submission (Sections 33, 37 and Annex 1 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Enacted legal instruments Yes. Unabridged version of the laws governing the responsibilities, competence and core activity of the body with public service functions, legal act for the governance of bodies governed by public law, organizational and operational regulations or operating procedures, data protection and data security regulations (Sections 33, 37 and Annex 1 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Annual budgets Yes. Annual (fiscal) budget of the body with public service functions, annual accounts under the Accounting Act or the annual budget report (Sections 33, 37 and Annex 1 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Annual chart of accounts (actual expenditures) Yes. Annual (fiscal) budget of the body with public service functions, annual accounts under the Accounting Act or the annual budget report (Sections 33, 37 and Annex 1 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Annual reports of public entities and programs Yes. Description and contents of public services provided by the body with public service functions or financed from budget, rules of access to public services, amount of fees charged for public services, any allowances from such fees (Sections 33, 37 and Annex 1 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. (1) Requests for accessing data of public interest may be made verbally, submitted in writing or electronically by anyone (Section 28 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Type of request is specified (written, electronic, oral) Yes. (1) Requests for accessing data of public interest may be made verbally, submitted in writing or electronically by anyone (Section 28 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. There is no assistance specified for requesters, but a request for information by a person whose native language is not Hungarian may not be refused for reasons that it was written in his native language or in any other language he understands. (Section 30 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. (3) The body with public service functions processing the data in question may charge a fee covering only the costs of making the copy, and shall communicate this amount to the requesting party in advance. (5) The items covered by the fee chargeable, and the highest amount that can be taken into account in determining the amount of the fee, and the aspects for determining whether a document is to be considered substantial in terms of size and/or volume shall be laid down by specific other legislation. (Section 29 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)

Deadlines for release of information

20-day response deadline Yes. (1) The body undertaking public duties controlling the data shall satisfy the requirements relating to accessing data of public interest within the shortest possible space of time, but within a maximum period of 15 days. (Section 29 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Agency granted right to extend response time Yes. (2) The deadline set in subsection (1) may be extended once by 15 days should the request for data concern an extensive and large volume of data. The applicant must be notified of this within a period of eight days following the receipt of the request. (Section 29 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Maximum total response time of no more than 40 days Yes. Maximum response time is 30 days. (Section 29 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Act CLV on the Protection of Classified Information, 2009 (Act CLV on the Protection of Classified Information, 2009)
Existence of personal privacy/data law Yes. Act LXIII on the Protection of Personal Data and the Publicity of Data of Public Interest (1992) (Act LXIII on the Protection of Personal Data and the Publicity of Data of Public Interest (1992))
Specific exemptions to disclosure Yes. (2) Right of access to data of public interest or data public on grounds of public interest may be restricted by law - with the specific type of data indicated - where considered necessary to safeguard: a) national defense; b) national security; c) prevention and prosecution of criminal offenses; d) environmental protection and nature preservation; e) central financial or foreign exchange policy; f) external relations, relations with international organizations; g) court proceedings or administrative proceedings; h) intellectual property rights. (Section 27 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015 Section 5 of Act CLV on the Protection of Classified Information, 2009)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework. (General)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. Appeals may be filed with the National Authority for Data Protection and Freedom of Information. (Sections 31 and 52 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Judicial appeals mechanism Yes. Appeals may be filed with the courts in certain circumstances. (Sections 31 and 64 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements Yes. The Data Protection Authority after an administrative procedure may: provide the information concerned, if the controllers unlawfully denied it and may impose a fine . (Section 61 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Fines are specified for violations of disclosure requirements Yes. The fine may range from hundreds of thousands to tens of millions of forints. (Section 61 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework. (General)

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework. (General)
Public body that is responsible for applying sanctions No. Absent from legal framework. (General)
Public body that is responsible for public outreach (raising public awareness) Yes. (2) The Authority shall be responsible to supervise and promote the enforcement of the rights to the protection of personal data and access to public information and information of public interest. (Section 38 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. (2) The Authority shall be responsible to supervise and promote the enforcement of the rights to the protection of personal data and access to public information and information of public interest. (Section 38 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework. (General)
Reporting of data and/or implementation is required No. Absent from legal framework.

Qualitative data for 2016


Legislation

Constitution of Hungary, 2011, amended 2013 (English)pdf
Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015 (Hungarian)pdf
Act CLV on the Protection of Classified Information, 2009 (English)pdf
Act LXIII on the Protection of Personal Data and the Publicity of Data of Public Interest (1992) (English)pdf

Public Procurement

The Hungarian public procurement system is regulated by Act CVIII of 2011 on Public Procurement. Additional regulations are laid down in Government Decrees. The public procurement body is the Deputy State Secretariat for Public Procurement that is part of the Ministry of National Development. 

The lowest minimum thresholds for conducting a public procurement tender are:

HUF 8 m (ca. EUR 26600) for goods

HUF 15 m (ca. EUR 50000) for works

HUF 8 m (ca. EUR 26600) for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures. The minimum submission period is 45 days for open procedures, 40 days for restricted procedures and 30 for negotiated procedures from dispatch date. In case of prior notification issued, the submission period can be shorter. The final beneficial owners have to be disclosed when placing a bid.

There are a few cases for preferential treatment. SMEs can be advantaged and environmental considerations can also alter decisions. Furthermore, there are several options for bid exclusion: not fulfilling interest criteria, not complying with suitability conditions, abnormally low offer price, abnormal undertakings, etc.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure (the amount depends on the type and amount of the procedure). Decisions are published online at the Public Procurement Authority’s website.


Quantitative Data

Primary Metric

201220152016Trend
Scope7878
Information availability9393
Evaluation5858
Open competition8181
Institutional arrangements6969

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) HUF 8000000. 0 ( Chairman of the Public Procurement Authority. Information on the 2015 benchmark year limit (REA 2015 Issue 9, 2015, January 23) http://www.kozbeszerzes.hu/adatbazis/mutat/tajekoztato/portal_385025/)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) HUF 15000000. 0 ( Chairman of the Public Procurement Authority. Information on the 2015 benchmark year limit (REA 2015 Issue 9, 2015, January 23) http://www.kozbeszerzes.hu/adatbazis/mutat/tajekoztato/portal_385025/)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) HUF 8000000. 0 (Chairman of the Public Procurement Authority. Information on the 2015 benchmark year limit (REA 2015 Issue 9, 2015, January 23) http://www.kozbeszerzes.hu/adatbazis/mutat/tajekoztato/portal_385025/)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) HUF 8000000. Supplies HUF 8 million, Works: HUF 15 million, Works concession: HUF 100 million, Services: HUF 8 million, Service concession: HUF 25 million. ( Chairman of the Public Procurement Authority. Information on the 2015 benchmark year limit (REA 2015 Issue 9, 2015, January 23) http://www.kozbeszerzes.hu/adatbazis/mutat/tajekoztato/portal_385025/)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) HUF 50000000. Supplies HUF 50 million, Works: HUF 100 million, Services: HUF 50 million. ( Chairman of the Public Procurement Authority. Information on the 2015 benchmark year limit (REA 2015 Issue 9, 2015, January 23) http://www.kozbeszerzes.hu/adatbazis/mutat/tajekoztato/portal_385025/)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) HUF 39287460. 0 (228/2004. (VII. 30.) Government Decree, Article 10.1 and Chairman of the Public Procurement Authority. Information on the 2015 benchmark year limit (REA 2015 Issue 9, 2015, January 23) http://www.kozbeszerzes.hu/adatbazis/mutat/tajekoztato/portal_385025/)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) HUF 8000000. EU thresholds also apply ( Chairman of the Public Procurement Authority. Information on the 2015 benchmark year limit (REA 2015 Issue 9, 2015, January 23) http://www.kozbeszerzes.hu/adatbazis/mutat/tajekoztato/portal_385025/)
What are the minimum application thresholds for the procurement type? (Product type WORKS) HUF 15000000. EU thresholds also apply Works: HUF 15 million, Works concession: HUF 100 million ( Chairman of the Public Procurement Authority. Information on the 2015 benchmark year limit (REA 2015 Issue 9, 2015, January 23) http://www.kozbeszerzes.hu/adatbazis/mutat/tajekoztato/portal_385025/)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) HUF 8000000. EU thresholds also apply Services: HUF 8 million Service concession: HUF 25 million ( Chairman of the Public Procurement Authority. Information on the 2015 benchmark year limit (REA 2015 Issue 9, 2015, January 23) http://www.kozbeszerzes.hu/adatbazis/mutat/tajekoztato/portal_385025/)

Information availability

Publishing and record keeping

Which are the documents which are published in full? the contract notice launching the open procedure; invitation to participate starting restricted procedures, negotiated procedures and competitive dialogues; the periodic indicative notice and the pre-qualification notice announcing restricted and negotiated procedures; notices on the results of the procedure; contest notices launching design contests; notices on the results of design contests; information notices concerning an amendment to the contract; the public procurement plan and amendment; Data concerning preliminary dispute settlement; contracts concluded on the basis of the contract award procedure;; data concerning the performance of the contract; the annual statistical summary. 0 (Act CVIII of 2011 on Public Procurement, Articles 30.1)
Are any of these documents published online at a central place? yes. http://kba.kozbeszerzes.hu/apex/f?p=103:35:3799732674173413 (Act CVIII of 2011 on Public Procurement, Articles 31)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) yes. 0 (Act CVIII of 2011 on Public Procurement, Article 34.2)
Are contracts awarded within a framework agreement published? yes. CA may publish (Act CVIII of 2011 on Public Procurement, Article 30.3)

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? yes. the tender must certify that the subcontractor is not liable for any of the exclusion grounds (Act CVIII of 2011 on Public Procurement, Articles 87, 91, 105.1.m, )
If yes, above what proportion of subcontracted value is it mandatory? 0 (Act CVIII of 2011 on Public Procurement, Articles 87)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? no. however, specifications are always accompanied by the qualification that these shall not be used in discriminatory way. (Act CVIII of 2011 on Public Procurement, Articles 38, 121, 122, 123.7)
Are there restrictions on allowable grounds for tenderer exclusion? yes. among others: bribery, outstanding tax or social security contributions, money laundering, having violated the law concerning their business activities or professional conduct in the past five years (Act CVIII of 2011 on Public Procurement, Articles 56-57; 74-76)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? yes. "In addition, the purpose of this Act and the legislation based on its execution is to enhance access of small and medium-sized enterprises to contract award procedures […]", and developed in a different SME-specific act (Act CVIII of 2011 on Public Procurement, Articles 1, 60, 122)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. 0 (Act CVIII of 2011 on Public Procurement, Article 2)
Is there a specific set of rules for green/sustainable procurement? yes. environmental considerations may be a weighed element, but this is defined by each contracting authority. (Act CVIII of 2011 on Public Procurement, Articles 71, 125)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. yes. if it is submitted after deadline if tenderer no fulfillmen of conflict of interest criteria if tenderer does not comply with the suitability conditions if consideration offered is abnormally low if it contains unfeasible, abnormally low or high, or excessively disproportionate undertaking if tenderer failed to provide the tender guarantee (Act CVIII of 2011 on Public Procurement, Articles 69, 74)

Bid evaluation

Is scoring criteria published and explicit? yes. lowest price or MEAT, when MEAT indicate weighting (Act CVIII of 2011 on Public Procurement, Articles 71, 72)
Can evaluation decision be made by a single person (as opposed to a committee)? no. "Contracting authorities shall set up an evaluation committee […] of at least three members for the evaluation of the tenders […]" (Act CVIII of 2011 on Public Procurement, Articles 22.4)
Are there regulations on evaluation committee composition to prevent conflict of interest? yes. 0 (Act CVIII of 2011 on Public Procurement, Articles 24)
If yes, what is banned? 2. Persons or organizations not being able to perform their functions in an unbiased and objective manner for whatever reason, in particular due to economic interests or any other common interest with an economic operator participating in the procedure, may not participate in the preparation and the execution of the procedure on behalf of the contracting authority, for that is qualified a conflict of interest. 3. Persons or organizations involved by the contracting authority in the pursuing of any activity relating to the procedure or to the preparatory work thereof may not participate in the procedure as a tenderer, a candidate, a subcontractor or an organization participating in the certification of suitability if their involvement in the procedure may have the effect of distorting competition, for that is qualified a conflict of interest. If the participation in the contract award procedure of a person or organization involved in the preparatory work of the procedure had the effect of creating a conflict of interest pursuant to this paragraph, the contracting authority, considering in particular the extra information gathered by it, shall be obliged to notify such a person or organization thereof. . 0 (Act CVIII of 2011 on Public Procurement, Articles 24)
Is some part of evaluation comitee mandatorily independent of contracting authority? no. 0 (Act CVIII of 2011 on Public Procurement, Articles 24)
Are scoring results recorded and publicly available? yes. 2. The tenderers may not prohibit the public release of their name, address (seat, residence) or any fact, information, solution or data (hereinafter jointly referred to as ‘data’) to be evaluated under the award criteria according to Article 71, but they have the right to prohibit the public release of basic data, partial information not covered by paragraph 3 (such as particularly the budget stating the price) which serve as the basis of the data mentioned above. 3. The disclosure of data subject to data supply and information obligation specified in a separate act of legislation pertaining to data of public interest and data publicised in the public interest may not be restricted or prohibited by invoking business secrecy. The provision excluding the assignment of the contract concluded pursuant to a contract award procedure shall not be regarded as a business secret. (Act CVIII of 2011 on Public Procurement, Article 80.2 80.3)
Under which conditions can the tender be cancelled? closed list. No tenders or invalid tenders None of the tenderers meets financial requirements contracting authority becomes incapable to conclude the contract Action by a tenderer that damages the correctness of the procedure or the interests of the other tenderers or candidates; validity period expires and neither of the tenderers maintain their tender Public Procurement Arbitration Board annuls a decision by the contracting authority Subdivision of the contract into lots Unlawful bypass of the contract award procedure No prior publication of a notice and the criteria Infringement of the standstill period (Act CVIII of 2011 on Public Procurement, Articles 76, 127)

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) Public Procurement Database maintained by the Public Procurement Authority or on its own homepage.. 0 ( Act CVIII of 2011 on Public Procurement, Article 31)
Where should the call for tenders be published? (Procedure type: RESTRICTED) Contracting authorities shall send notices to the Public Procurement Authority by electronic means. The contracting authority shall publish notices defined in the provisions of this Act according to a standard form specified in a separate act of legislation.. 0 ( Act CVIII of 2011 on Public Procurement, Article 30.1.b, 30.5)
Where should the call for tenders be published? (Procedure type: NEGOTIATED) Contracting authorities shall send notices to the Public Procurement Authority by electronic means. The contracting authority shall publish notices defined in the provisions of this Act according to a standard form specified in a separate act of legislation.. 0 ( Act CVIII of 2011 on Public Procurement, Article 30.1.b, 30.5)

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. 0 (Act CVIII of 2011 on Public Procurement, Article 84.4, 90.3)
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. (Act CVIII of 2011 on Public Procurement, Article 84.4, 90.3)
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE 3. (Act CVIII of 2011 on Public Procurement, Article 84.4, 90.3)

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 52 for prior info notice. 45 or 29 days, if prior notice information was released at least 52 days in advance, but periods shall not be shortened beyond 5 days (EU thresholds) 20 twenty days (National procedures) (Act CVIII of 2011 on Public Procurement, Articles 83.4-6; Article 122.3)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 40. 0 (Act CVIII of 2011 on Public Procurement, Article 88.2)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 30. 30 in case of public works 60 in caso of control integrated in a process stipulated by a separate act of legislation, from the conclusion of negotiations (Act CVIII of 2011 on Public Procurement, Article 91.2)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? for instance. national security, law enforcement, electronic communications, electronc services, inputs for the production of public services, textbooks, humanitarian aid and disaster response (Exemptions from Public Procurement prcedures Article 9 Exemptions from the public service contract Articles 116-118 Exemption from national procedures exception Article120)
What are the main types of institutions which have to apply the public procurement law? Ministries, State, local governments and all the budgetary organs, public foundations, local and national selfgovernments of national minorities, associations of local governments, organisations designated by a local government, associations of local governments, development councils at area level, economic organisations, and organisations pursuing public utilities. 0 (Act CVIII of 2011 on Public Procurement, Article 6.(1))
What are the main procedure types or procurement methods permitted by law? Open (Nyílt eljárás), Article 83 Restricted (A meghívásos eljárás), Article 84 Negotiated (A hirdetmény közzétételével induló tárgyalásos eljárás), Article 89 Negotiated procedures without prior publication of a contract notice (Hirdetmény nélküli tárgyalásos eljárás), Article 94 Competitive dialogue (Versenypárbeszéd), Article 101 Framework agreement (Keretmegállapodásos eljárás), Article 108. 0 (Act CVIII of 2011 on Public Procurement, Chapter XII Articles 83-110 )
Is there a procurement arbitration court dedicated to public procurement cases? yes. 0 (Act CVIII of 2011 on Public Procurement, Article 134)
Is there a procurement regulatory body dedicated to public procurement? yes. Deputy State secretariat for Public Procurement, Ministry of National Development (Act CVIII of 2011 on Public Procurement)
Is the procurement regulatory body independent? no.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? yes. 0 (93/2011. Regulation (XII. 30.) )
Is disclosure of final, beneficial owners required for placing a bid? yes. 0 (Act CVIII of 2011 on Public Procurement, Article 125.4.b)

Complaints

Is there a fee for arbitration procedure? yes. set in government decree (Act CVIII of 2011 on Public Procurement, Article 138.2)
If yes, how much HUF 200,000 - 6 million. § 1 (1) of the Arbitration Committee request prosecuted for - including the qualifying purchase of a qualified procurement process for defense procurement, and appeal procedures related to the defense procurement process - an administrative service fee, which is based on the EU limit amounting to procurement For the value of the estimated value of the procurement process, bidding for part or parts involved in the appeal 1% but not more than HUF 25 million; the value of a value below the EU thresholds procurement and design contest for the estimated value of the procurement process, bidding for the part or parts involved in the appeal 1%, but at least HUF 200,000, up to 6 000 000 HUF. (2) In the case referred to in paragraph (1) of the administrative service fee is the number of application elements identified in line with the following: a) For items 1-3 from the application fee is equal to the amount determined under paragraph (1); b) in the case of a reference application element between 4-6: The amount determined under paragraph (1) 125% of the c) For reference application element between 7-10: The amount determined under paragraph (1) 150%; d) For reference application element between 11-15: The amount determined under paragraph (1) 175% of the e) For reference number 16 or higher application elements: the amount determined under paragraph (1) twice. (288/2011. Regulation (XII. 22.) )
Is there a ban on contract signature until arbitration court decision (first instance court)? yes. 1. In an ongoing review procedure the Public Procurement Arbitration Board may, on request or ex officio, order interim measures until the conclusion of the contract in the contract award procedure (or purchase) involved in the review procedure, if, taking into account all circumstances in the case in question, it is probable that an infringement of the rules of this Act or principles has been committed or a risk thereof exists. 2. As an interim measure, the Public Procurement Arbitration Board shall (a) order the suspension of the contract award procedure; (b) call upon the contracting authority involved in the contract award procedure to invite the applicant seeking a remedy to take part in the contract award procedure. (Act CVIII of 2011 on Public Procurement, Article 144)
What is the maximum number of days until arbitration court decision from filing a complaint? 30 if no hearing. 1. When no hearing is held in the case, the Public Procurement Arbitration Board shall be required to finish the case within fifteen days countered from the launch of the proceeding, save for the case specified in paragraph 3. 2. If the Public Procurement Arbitration Board has held a hearing in the case, it shall be required to finish the case within thirty days counted from the launch of the proceeding, save for the case specified in paragraph 3. 3. The Public Procurement Arbitration Board shall conclude the case concerning an amendment or performance violating this Act of the contract concluded on the basis of the contract award procedure within sixty days from the launching of the procedure. 4. In the case of the consolidation of cases according to Article 143(1) the time limit for arrangement shall be aligned to the latest review procedure. 5. Where justified, the time limit referred to in paragraphs 1 and 2 may be extended for a period of up to 10 days, and the time limit referred to in paragraph 3 may be extended for a period of up to thirty days on one occasion, which shall be notified to the (Act CVIII of 2011 on Public Procurement, Article 151)
Are arbitration court decisions required to be publicly released? yes. Online "[…] the substantial decision, the decision closing the public procurement case and the decree on the allowance of the conclusion of the contract [Article 144(4)] shall be published on the homepage of the Public Procurement Authority […]" (Act CVIII of 2011 on Public Procurement, Article 153.2)

Qualitative data for 2016


Legislation

228/2004. (VII. 30.) Government Decreemissing file:
Act CVIII of 2011 on Public Procurementmissing file:
93/2011. Regulation (XII. 30.) missing file:
288/2011. Regulation (XII. 22.)missing file: