EUROPAM

European Public Accountability Mechanisms

Hungary

Country score (European Average*)
  • 75(66) Political Financing
  • 64(53) Financial Disclosure
  • 28(37) Conflict of Interest
  • 76(59) Freedom of Information
  • 76(62) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)23742.80
Population, total9817958.00
Urban population (% of total)71.67
Internet users (per 100 people)79.26
Life expectancy at birth (years)75.96
Mean years of schooling (years)12
Global Competitiveness Index4.3
Sources: World Bank, UNDP, WEF.

Political Financing

The Act on the Operation and Financial Management of Political Parties (1989, amended 2014), 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

20122015201620172020Trend
Bans and limits on private income4242424242
Public funding7575757575
Regulations on spending100100100100100
Reporting, oversight and sanctions7583838383

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 2014, 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, amended 2014, on the Operation and Financial Management of Political Parties,) 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, amended 2014, 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, amended 2014, 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, amended 2014, 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, amended 2014, 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, amended 2014, 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, amended 2014, 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, amended 2014, 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, amended 2014, 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, amended 2014, 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, amended 2014, 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 therefore is guilty of a felony punishable by imprisonment not exceeding three years. (Criminal Code, 2012 (amended 2017), 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, amended 2014, 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, amended 2014, 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, amended 2014, 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, amended 2014, 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, amended 2014, 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

Legislation

Law XXXIII of 1989 on the Operation and Financial Management of Political Parties, amended 2014 (Hungarian)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, 2012, amended 2017 (Hungarian)pdf

*Last update: 2017


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

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, amended 201) specifies that the Immunity, Incompatibility and Mandate Supervision Committee functions as depository body for the Head of State, Ministers and MPs. 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 high-level public officials are made publicly available on a website.


Quantitative Data

Primary Metric

20122015201620172020Trend
Disclosure items7980808183
Filing frequency9494947575
Sanctions100100100100100
Monitoring and Oversight5050505650
Public access to declarations5050503812

Alternative Metric

20122015201620172020Trend
Head of State7676767161
Ministers7676767161
Members of Parliament7677777273
Civil servants7171716661

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. (Article 12.1 of the Law XLIII of 2010 on the central state administration bodies, and members of the Government and the status of the Secretaries of State (amended 2019) )
Income and Assets
Real estate Yes. Real estate is included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Movable assets Yes. High value movable assets are included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Cash Yes. Savings and cash are included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Loans and Debts Yes. Loans and debts are included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Income from outside employment/assets Yes. Income outside official remuneration is included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Detailed ownership information required and position or interest in a company: (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Ownership of state-owned enterprises (SOEs) Yes. Position or interest in a business company (including a state-owned enterprise) (including interest in fiduciary management as atrustee or benefits acquired as a trustee or beneficiary of a shareholding) shall be declared. (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Position or interest in a business company (including a state-owned enterprise) (including interest in fiduciary management as atrustee or benefits acquired as a trustee or beneficiary of a shareholding) shall be declared (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
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.
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 2016)

Filing frequency

Filing required upon taking office Yes. Within 30 days ( Article 6 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Filing required upon leaving office Yes. Within 15 days ( Article 5.1 (b) of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Filing required annually Yes. Each 1,2 or 5 years depending on the occupied position ( Article 5.1 (c) of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 and 10 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 and 10 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 and 10 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)

Monitoring and Oversight

Depository body explicitly identified Yes. The civil servant retiains one copy of the declaration and submits another copy to the person performing the role of costudy of the declaration. The submission may also take place online. The person perfoming the role of custody of the declaration varies accoridng to the civil servant (for more details see article 7). (Article 11 and 7 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
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. The person performing the role of costudy of the declarations verfies submission (Article 13 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Some agency assigned responsibility for verifying accuracy No. The person performing the role of costudy of the declarations verfies accuracy (Article 14 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)

Public access to declarations

Public availability No . Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No . Absent from legal framework.
Cost of access specified No. Absent from legal framework.

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. (Article 12.1 of the Law XLIII of 2010 on the central state administration bodies, and members of the Government and the status of the Secretaries of State (amended 2019) )
Income and Assets
Real estate Yes. Real estate is included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Movable assets Yes. High value movable assets are included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Cash Yes. Savings and cash are included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Loans and Debts Yes. Loans and debts are included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Income from outside employment/assets Yes. Income outside official remuneration is included in the declaration (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Detailed ownership information required and position or interest in a company: (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Ownership of state-owned enterprises (SOEs) Yes. Position or interest in a business company (including a state-owned enterprise) (including interest in fiduciary management as atrustee or benefits acquired as a trustee or beneficiary of a shareholding) shall be declared. (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Position or interest in a business company (including a state-owned enterprise) (including interest in fiduciary management as atrustee or benefits acquired as a trustee or beneficiary of a shareholding) shall be declared (Annex I of the Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
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.
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 2016)

Filing frequency

Filing required upon taking office Yes. Within 30 days ( Article 6 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Filing required upon leaving office Yes. Within 15 days ( Article 5.1 (b) of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Filing required annually Yes. Each 1,2 or 5 years depending on the occupied position ( Article 5.1 (c) of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 and 10 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 and 10 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 and 10 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)

Monitoring and Oversight

Depository body explicitly identified Yes. The civil servant retiains one copy of the declaration and submits another copy to the person performing the role of costudy of the declaration. The submission may also take place online. The person perfoming the role of custody of the declaration varies accoridng to the civil servant (for more details see article 7). (Article 11 and 7 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission Yes. The person performing the role of costudy of the declarations verfies submission (Article 13 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Some agency assigned responsibility for verifying accuracy No. The person performing the role of costudy of the declarations verfies accuracy ( Article 14 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))

Public access to declarations

Public availability No . Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No . Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. The MEPs must attache an asset declaration of living in the same household income, including spouse, cohabitant, and cohabiting parent, child, spouse's child, including adopted and foster children. ( Article 90.2 of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Income and Assets
Real estate Yes. Real estate is included in the declaration (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Movable assets Yes. High value movable assets are included in the declaration (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Cash Yes. Savings and cash are included in the declaration (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Loans and Debts Yes. Loans and debts are included in the declaration (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Income from outside employment/assets Yes. Income outside official remuneration is included in the declaration (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
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 (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Private firm ownership and/or stock holdings Yes. Detailed ownership information required (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Ownership of state-owned enterprises (SOEs) Yes. Position or interest in a business company (including a state-owned enterprise) shall be declared (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Seat and position must be clearly stated (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. PM and ministers cannot be part of the Parliament (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector Yes. Relative submits separate declaration, including current activity (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2020))

Filing frequency

Filing required upon taking office Yes. Within 30 days ( Article 90.1 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
Filing required upon leaving office Yes. Within 30 days ( Article 90.1 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
Filing required annually Yes. Annually by 31 January ( Article 90.1 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 90.3 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 90.3 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 90.3 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))

Monitoring and Oversight

Depository body explicitly identified Yes. Committee on Immunity, Incompatibility and Mandate Control (CIIMC), which may forward to tax authority ( Article 94.1 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
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. Committee on Immunity, Incompatibility and Mandate Control (CIIMC), which may forward to tax authority ( Article 94.1 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
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. Published online (Article 94.2 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Parliament's website (Article 94.2 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
Cost of access specified No. Free of charge

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 8.3 (c) of the Law CLII of 2007 on Individual Wealth Declaration Obligations (last amended 2016) )
Income and Assets
Real estate Yes. Real estate is included in the declaration (Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Movable assets Yes. High value movable assets are included in the declaration (Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Cash Yes. Savings and cash are included in the declaration (Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Loans and Debts Yes. Loans and debts are included in the declaration (Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Income from outside employment/assets Yes. Income outside official remuneration is included in the declaration (Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Detailed ownership information required in declaration (Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. Detailed ownership information required in declaration (Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Seat and position must be clearly stated in the declaration (Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
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.
Concurrent employment of family members in public sector Yes. Relative must present a separate declaration, including current activity (Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))

Filing frequency

Filing required upon taking office Yes. Within 30 days ( Article 6 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Filing required upon leaving office Yes. Within 15 days ( Article 5.1 (b) of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Filing required annually Yes. Each 1,2 or 5 years depending on the occupied position ( Article 5.1 (c) of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 and 10 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 and 10 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 and 10 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)

Monitoring and Oversight

Depository body explicitly identified Yes. The civil servant retiains one copy of the declaration and submits another copy to the person performing the role of costudy of the declaration. The submission may also take place online. The person perfoming the role of custody of the declaration varies accoridng to the civil servant (for more details see article 7). (Article 11 and 7 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission Yes. The person performing the role of costudy of the declarations verfies submission (Article 13 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Some agency assigned responsibility for verifying accuracy No. The person performing the role of costudy of the declarations verfies accuracy ( Article 14 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Legislation

Law No. XXXVI of 2012_HUN (Hungarian)pdf
Law No. CLII of 2007_HUN (Hungarian)pdf
Law No. XLIII of 2010_HUN (Hungarian)pdf

*Last update: 2017


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, last amended 2015) requires avoiding conflicts of interests, especially so if linked with other professions. It also states that MPs may not accept gifts if they exceed 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

20122015201620172020Trend
Restrictions3535353535
Sanctions2525252525
Monitoring and Oversight2525252525

Alternative Metric

20122015201620172020Trend
Head of State3131313131
Ministers00000
Members of Parliament3434343434
Civil servants4848484848

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 the Law on legal status and remuneration of the President of the Republic (2011))
Accepting gifts No. Absent from legal framework. (General)
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))
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))
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) Article 6 of the Law on transparency of spending of public funds (2007))
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))
Post-employment No. Absent from legal framework. (General)
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))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

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

Monitoring and Oversight

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

Ministers

Restrictions

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

Sanctions

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

Monitoring and Oversight

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

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
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 the Law on National Assembly (2012))
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm No. Absent from legal framework. (General)
Post-employment No. Absent from legal framework. (General)
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) Article 80 of the Law on National Assembly (2012))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

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

Monitoring and Oversight

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

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 the Law on the Public Servants (2011))
Accepting gifts No. Absent from legal framework. (General)
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 the Law on the Public Servants (2011))
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 the Law on the Public Servants (2011))
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 the Law on transparency of spending of public funds (2007))
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 the Law on the Public Servants (2011))
Post-employment No. Absent from legal framework. (General)
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 the Law on the Public Servants (2011))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
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 the Law on the Public Servants (2011))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

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

Legislation

Constitution of Hungary of 2011 (Hungarian)pdf
Law No. CX. of 2011 on the status and remuneration of the President of the Republic (Hungarian)pdf
Law No. XXXVI of 2012 on the National Assembly (Hungarian)pdf
Law No. CXCIX of 2011 on civil servants (Hungarian)pdf
Law No. CLXXXI of 2007 on transparency of public funding (Hungarian)pdf
Law No. CXXV of 2018 on Government Administration (English)pdf

*Last update: 2017


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 2015) 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

20122015201620172020Trend
Scope and Coverage9393939393
Information access and release8888888888
Exceptions and Overrides8383838383
Sanctions for non-compliance00676767
Monitoring and Oversight3333333350

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 2020)
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 2020)

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 2020)
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 2020)
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 2020)
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 2020)
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 2020)
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 2020)
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 2020)
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 2020)
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 2020)

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 2020)
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 2020)
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 2020)
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 2020)

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 2020)
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 2020)
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 2020)

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, amended 2020)
Existence of personal privacy/data law Yes. Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (the “Data Protection Act”) (Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (the “Data Protection Act”))
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 2020 Section 5 of Act CLV on the Protection of Classified Information, 2009, amended 2020)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest. Yes. (5) If, as regards the refusal of any request for access to data of public interest, the data controller is granted discretionary authority by law, refusal shall be exercised within narrow limits, and the request for access to data of public interest may be refused only if the underlying public interest outweighs the public interest for allowing access to the public information in question. (Section 30 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2020)

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 2020)
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 2020)

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 2020)
Fines are specified for violations of disclosure requirements Yes. The fine may range between one hundred thousand and twenty million forints. (Section 61 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2020)
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 Yes. The Data Protection Authority (Section 61 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2020)
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 2020)
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 2020)
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.

Legislation

Constitution of Hungary of 2011_HUN (Hungarian)pdf
Act CXII on the Right of Informational Self-Determination of 2011_HUN (Hungarian)pdf
Act CLV on the Protection of Classified Information of 2009_HUN (Hungarian)pdf

*Last update: 2017


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 15 m (ca. EUR 50,000) for goods

▪         HUF 25 m (ca. EUR 80,000) for works

▪         HUF 15 m (ca. EUR 50,000) for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures. The minimum submission period is 35 days for open procedures, 30 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 of  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

20122015201620172020Trend
Scope767480
Information availability99999949
Evaluation56565675
Open competition75757575
Institutional arrangements100100100100

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 15000000. Below EU thresholds, known as "national thresholds", are set yearly by the Central Budget Act. National procurement thresholds according to Section 15 (1) ( b) of the Public Procurement Act, except for the threshold for public service contracts, from 1 January 2020 to 31 December 2020 are: a) in the case of procurement of goods, HUF 15.0 million; b) in the case of a construction investment, HUF 50.0 million; c) in the case of a construction concession, HUF 100.0 million; d) in the case of ordering a service, HUF 15.0 million; e) in the case of a service concession, HUF 30.0 million. The national procurement thresholds for public service contracts (utilities sector), from 1 January 2020 to 31 December 2020, are: a) in the case of procurement of goods, HUF 50.0 million; b) in the case of a construction investment, HUF 100.0 million; c) in case of ordering a service, HUF 50.0 million; d) in the case of a construction concession, HUF 200.0 million; e) in the case of a service concession, HUF 100.0 million. Moreover, applicable EU thresholds for public contracts and design contests awarded by public contracting authorities are (as of 2020): EUR 5,350,000, i.e. HUF 1,704,296,000, for public works; EUR 139,000, i.e. HUF 44,279,840, for the supply of goods and services by central authorities; and EUR 214,000, i.e. HUF 68,171,840, for the supply of goods and services by sub-central authorities. In the utility and defence sectors, applicable thresholds are (as of 2020): EUR 428,000, i.e. HUF 136,343,680, for the supply of goods and services, and EUR 5,350,00, i.e. HUF 1,704,296,000, for works. For concessions, the applicable threshold is EUR 5,350,00, i.e. HUF 1,704,296,000. Importantly, if the estimated value of the construction project does not reach HUF 300 million, the contracting authority may, at its option, conduct the public procurement procedure in accordance with the rules of the open or unannounced negotiated procedure in accordance with the national procedure, unless the procurement is related to a project financed by EU funds and crossing the Hungarian border. (Law No. CXLIII of 2015, as amended in 2020, § 15 Law No. LXXI of 2019 (as of 2020), § 70 (1) a) d) )
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) HUF 50000000. (Law No. CXLIII of 2015, as amended in 2020, § 15 Law No. LXXI of 2019 (as of 2020), § 70 (1) b))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) HUF 15000000. (Law No. CXLIII of 2015, as amended in 2020, § 15 Law No. LXXI of 2019 (as of 2020), § 70 (1) a) d))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) HUF 15000000. (Law No. CXLIII of 2015, as amended in 2020, § 15 Law No. LXXI of 2019 (as of 2020), § 70 (1) a) d) )
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) HUF 50000000. The national procurement thresholds for public service contracts (utilities sector), from 1 January 2020 to 31 December 2020, are: a) in the case of procurement of goods, HUF 50.0 million; b) in the case of a construction investment, HUF 100.0 million; c) in case of ordering a service, HUF 50.0 million; d) in the case of a construction concession, HUF 200.0 million; e) in the case of a service concession, HUF 100.0 million. (Law No. CXLIII of 2015, as amended in 2020, § 15 Law No. LXXI of 2019 (as of 2020), § 70 (2) a) c))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) HUF 15000000. In relation to defence procurement, Law No. XXX of 2016 applies regardless of the contract value, taking into account the provisions of Section 23. Concerning security procurement, the Law applies if contracts' values reach or exceed public procurement value limits specified in the Central Budget Act (national thresholds). The Law stipulates, furthermore, procedures compatible with EU thresholds. (Law No. XXX of 2016, as amended in 2019, § 22 Law No. LXXI of 2019 (as of 2020), § 70)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) HUF 15000000. (Law No. CXLIII of 2015, as amended in 2020, § 15 Law No. LXXI of 2019 (as of 2020), § 70 (1) a) d) )
What are the minimum application thresholds for the procurement type? (Product type WORKS) HUF 50000000. (Law No. CXLIII of 2015, as amended in 2020, § 15 Law No. LXXI of 2019 (as of 2020), § 70 (1) b))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) HUF 15000000. (Law No. CXLIII of 2015, as amended in 2020, § 15 Law No. LXXI of 2019 (as of 2020), § 70 (1) a) d))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting authority is obliged to publish by means of a notice: (a) the prior information notice; (b) the invitation to tender initiating the open procedure; (c) a call for expressions of interest which may be the subject of a restricted or negotiated procedure, a competitive dialogue or an innovation partnership, with the exception of a prior information notice and a periodic prior information notice and a special legal notice and a direct invitation to participate in a negotiated procedure, a competitive dialogue or an innovation partnership; d) a notice initiating a procedure in accordance with the own procurement rules regulated in Section 117; e) the periodic prior information notice and the pre-qualification notice in accordance with special legislation; f) the design contest; g) the invitation to initiate the concession procurement procedure, with the exception of the procedure pursuant to Section 128 and Section 129 (2); (h) information on the outcome of the procedure; (i) a notice on the outcome of the design contest procedure; (j) information on amendments to the contract. (Law No. CXLIII of 2015, as amended in 2020, §§ 37 (1), 39, 57 and 120)
Are any of these documents published online at a central place? Yes. http://www.kozbeszerzes.hu/adatbazis/keres/hirdetmeny/ (Law No. CXLIII of 2015, as amended in 2020, § 37 (6))
Is it mandatory to keep all of 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. The contracting authority shall document its public procurement procedure in writing, from its preparation to the performance of the contract concluded on the basis of the procedure. All documents generated in connection with the preparation and conduct of the public procurement procedure from the end of the public procurement procedure, all documents related to the performance of the contract shall be kept for at least five years from the performance of the contract. If an appeal procedure has been initiated in connection with the public procurement, the documents shall be kept until the expiry of the time limit open for appealing against the decision of the Public Procurement Arbitration Committee, but in the case of an administrative lawsuit, but for at least five years. The contracting authority shall keep the data in the EQF for at least this period, if a longer retention period is required by law, for the longer period required. At the request of the Public Procurement Authority or another body authorized by law, the contracting authority shall provide electronic access to documents related to public procurement as specified in law. (Law No. CXLIII of 2015, as amended in 2020, § 46 (2))
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. In the case of a framework agreement or a dynamic purchasing system, the contracting authority may publish a common notice on the results of the procedure concerning all the contracts concluded based on the framework agreement or in the dynamic purchasing system. The notice of contracts concluded during the preceding quarter shall be sent for publication within three working days following the last day of the calendar quarter (Law No. CXLIII of 2015, as amended in 2020, § 37 (4))

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. While tenderers must provide information on subcontractors during the tender procedure and when signing the contract, the Public Procurement Law is not clear about this information being made publicly available. (Law No. CXLIII of 2015, as amended in 2020, §§ 66 (6), 67 (4) and 138 (3))
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. General.

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. The technical specifications shall afford equal access for economic operators and not have the effect of creating unjustified obstacles to competition in public procurement. The contracting authority may not define the contract specifications in such a way as to exclude certain economic operators or goods from the procedure or otherwise discriminate unjustifiably or favorably against them. Where a clear and comprehensible definition of the subject-matter of the contract necessitates a reference to a thing, process, activity, person, patent or trade mark of a particular make, origin, type, the description shall state that the designation is for the sole purpose of the words "or equivalent" shall be added. (Law No. CXLIII of 2015, as amended in 2020, §§ 58 (3) and 117 (7))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. The only relevant provision stipulates that the selection of economic operators to be invited to tender shall be carried out in a non-discriminatory manner, in accordance with the principle of equal treatment and, as far as possible, with the participation of micro, small and medium-sized enterprises. (Law No. CXLIII of 2015, as amended in 2020, §§ 115 (2), 187 (4), 194 (2) and Preamble)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. The contracting authority shall ensure equal opportunities and equal treatment of economic operators. Economic operators established in the EU and goods of Community origin should be granted national treatment in public procurement procedures. For economic operators established outside the European Union and for goods of non-Community origin, national treatment in public procurement procedures shall be granted in accordance with Hungary's and the EU's international obligations in the field of public procurement. (Law No. CXLIII of 2015, as amended in 2020, § 2 (5))
Is there a specific set of rules for green/sustainable procurement? Yes. Environmental considerations may constitute the basis for bid selection or rejection, as well as for tenderer exclusion. (Law No. CXLIII of 2015, as amended in 2020, §§ 28 (1), 59 (1), 63 (1) a), 72 (2) e) (4), 73 (4), 76 (1) (2) (3) (5) and 132 (1))

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Tenderers can be excluded for, inter alia: 1. conviction of specified criminal offences (e.g. participation in a criminal organization, bribery, trading in influence, fraud, act of terrorism or suport of terrorist activities, money laundering, human traficking); 2. outstanding tax or social security contributions; 3. bankruptcy; 4. suspended business activities, etc. (Law No. CXLIII of 2015, as amended in 2020, §§ 62, 63 and 74 (1))
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. A tender shall be invalid if it contains a disproportionately low price. The contracting authority shall declare the tender invalid if the information provided within the scope of further clarifications requested from the bidder does not adequately justify the performance of the contract at the price or cost in question. Additionally, the tender or application for participation is invalid if: a) it is submitted after the closing date for the submission of tenders or requests to participate; b) the tenderer or candidate has been excluded from the procedure; c) if the parties to the tenderer or candidate subcontractor have been disqualified; d) the tenderer or candidate does not meet the eligibility requirements for the performance of the contract or has not adequately demonstrated compliance with the requirements; e) otherwise does not comply with the conditions set out in the invitation to tender or to participate, in the procurement documents and in the legislation, including the formal requirements for the request to participate and the tender; f) the tenderer or candidate classifies any data as a business secret in a manner contrary to Section 44 (2) - (3) and does not correct it even after the contracting authority has called for rectification; or if the justification pursuant to Section 44 (1) is not adequate even after the rectification of the deficiencies. (Law No. CXLIII of 2015, as amended in 2020, §§ 72 and 73 (1))
Is scoring criteria published? Yes. If the contracting authority does not use the criterion of the lowest price as the sole evaluation criterion or the criterion of the lowest cost determined by the method pursuant to Section 78, it shall determine: a) the evaluation criteria representing the lowest cost or the best value for money and their multipliers in proportion to the actual importance of the evaluation criterion ("weighting"); (b) where sub-criteria are identified for the evaluation criterion, their weighting for each sub-criterion in proportion to its actual significance; c) the lower and upper limits of the score which may be given in the evaluation of the content of the tenders in accordance with the evaluation criteria, which shall be the same for all evaluation criteria; d) the method(s) by which the score between the point limits is given. These shall be indicated in the notice of initiation of the procedure, provided that a detailed description of the above mentioned method(s) may be given in other procurement documents. Exceptionally, where it is not possible for objective reasons to determine the weighting referred to in a) or b), and this is clearly substantiated by the contracting authority in the invitation to tender, the contracting authority shall indicate the criteria in descending order of importance. (Law No. CXLIII of 2015, as amended in 2020, §§ 76 (1) (9) (10) (12), 77 and 78)
Are decisions always made by a committee? No. The contracting authority is obliged to determine the order of responsibility for the preparation, conduct and internal audit of its public procurement procedures, the scope of responsibility of persons and organizations acting on its behalf or involved in the procedure and the documentation procedure for public procurement procedures. In particular, it shall specify the person, persons or bodies responsible for the decisions taken in the proceedings. \There is no requirement concerning the need for decisions to always be made by a committee. (Law No. CXLIII of 2015, as amended in 2020, §§ 27 (1) and 69)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The Public Procurement Law stipulates in detail what constitutes a conflict of interest. The contracting authority is obliged to take all necessary measures in order to avoid the occurrence of situations resulting in conflicts of interest and damage to the integrity of competition. A person or entity, including the contracting authority and its employees, who/which cannot perform their functions impartially and objectively because of, inter alia, common interest (economic or not) with the economic operator involved in the procedure, may not participate in the preparation and conduct of the procedure on behalf of the contracting authority. In particular, the Law establishes that the following persons/bodies are not allowed to participate in the procedure as a tenderer, candidate, subcontractor or body participating in the attestation of suitability: a) the person or body involved in the procedure or its preparation by the contracting authority; b) the organization whose senior executive, member of the supervisory board, owner, or cohabiting relatives of these people are involved with the contracting activity related to the procedure or preparation, if their participation in the proceedings may result in a breach of the integrity of competition. (Law No. CXLIII of 2015, as amended in 2020, §§ 25, 62 (1) m), 165 (9), 181 (4) (6), 182 (7), 184 (4), 187 (11) (18) and 188 (6))
Is some part of evaluation committee mandatorily independent of contracting authority? No.
Are scoring results publicly available? No. The contracting authority is obliged to inform the tenderers or candidates in writing about the results of the procedure and shall prepare a written summary of the tenders and requests to participate in accordance with the model specified in a separate legal act. This written summary must be sent, at the same time, to all tenderers who have participated in the tender. However, there is no requirement that scoring results must be made public. (Law No. CXLIII of 2015, as amended in 2020, §§ 37 (1) h), (2) (3), 43 (1) and 79)
Does the law specify under which conditions the tender can be cancelled? Yes. The procedure is ineffective and can, therefore, be cancelled if: a) no tender or request to participate has been submitted in the participation phase of a multi-stage procedure; b) only an invalid tender or request to participate has been submitted; c) all tenders submitted in the procedure have expired and no tenderer has maintained their tender. The contracting authority may declare the procedure ineffective if: a) the contract has become incapable of being concluded or performed or there is a need to withdraw from the contract or to terminate the contract; b) the amount of financial resources available is not sufficient to award the contract to the tenderer who has submitted the best tender on the basis of the evaluation; c) one of the tenderers or candidates commits an act which seriously jeopardizes the integrity of the procedure or the interests of the other tenderers or candidates; d) the Procurement Arbitration Committee annuls a decision of the contracting authority and the contracting authority decides to open a new procurement procedure or withdraws its intention to conduct the procedure, but the contracting authority may not declare the procedure ineffective if the decision terminating the illegal procedure is annulled - its legality can be restored; e) with the exception of the negotiated procedure without prior publication, less than two tenders (solutions) have been submitted in the one-stage procedure or in the multi-stage tender procedure (dialogue), or less than two tenders in the multi-stage procedure; or even less than two applications to participate; (f) the bodies awarding public procurement aid or carrying out statutory audits of public procurement have been found to have committed a serious infringement and the contracting authority no longer has the possibility to restore the legality of the procedure in accordance with the rules of the procurement procedure; g) the malfunction of the EDF results in an infringement which cannot be remedied in such a way as to ensure the enforcement of the principles set out in the Procurement Act. (Law No. CXLIII of 2015, as amended in 2020, § 75)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. OJEU (TED) and Eletronic Public Procurement System ("elektronikus közbeszerzési rendszer" or just "ekr", accessible here: https://ekr.gov.hu/) maintained by the Public Procurement Authority (Law No. CXLIII of 2015, as amended in 2020, §§ 26 (1a), 37 (6) and 43 (2))
Does the law specify the location for publicizing restricted calls for tenders? Yes. OJEU (TED) and Eletronic Public Procurement System ("elektronikus közbeszerzési rendszer" or just "ekr", accessible here: https://ekr.gov.hu/) maintained by the Public Procurement Authority (Law No. CXLIII of 2015, as amended in 2020, §§ 26 (1a), 37 (6) and 43 (2))
Does the law specify the location for publicizing negotiated calls for tenders? Yes. OJEU (TED) and Eletronic Public Procurement System ("elektronikus közbeszerzési rendszer" or just "ekr", accessible here: https://ekr.gov.hu/) maintained by the Public Procurement Authority (Law No. CXLIII of 2015, as amended in 2020, §§ 26 (1a), 37 (6) and 43 (2))

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. (Law No. CXLIII of 2015, as amended in 2020, § 82 (4))
What is the minimum number of bidders for negotiated procedures? 3. ( Law No. CXLIII of 2015, as amended in 2020, § 86 (3))
What is the minimum number of bidders for competitive dialogue procedures? 3. (Law No. CXLIII of 2015, as amended in 2020, §§ 90 (4) and 86 (3))

Bidding period length

What are the minimum number of days for open procedures? General. (Law No. CXLIII of 2015, as amended in 2020, § 81 (7))
What are the minimum number of days for restricted procedures? General. (Law No. CXLIII of 2015, as amended in 2020, § 84 (4))
What are the minimum number of days  for competitive negotiated procedures? General. (Law No. CXLIII of 2015, as amended in 2020, §§ 87 (3) and 84 (4))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. General exceptions to the applicable of the Public Procurement Law are established in Sections 9 to 14. These include, inter alia, contracts concerning: defence and security; deployment of military forces; public electronic communication network; textbooks; international development cooperation and humanitarian aid activity. Exceptions to the aplication of the Law in case of contracts whose value falls below EU thresholds are laid out in Section 111. (Law No. CXLIII of 2015, as amended in 2020, §§ 9-14 and 111)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. The following institutions must apply the Public Procurement Law: ministries, the central purchasing body designated by the Government, the State, all budgetary authorities, public foundations, local governments, local and national self-governments, associations of local governments and self governments, associations of local governments for the purpose of regional development, development councils of subregions, bodies governed by public law, organisations in the utilities sectors. (Law No. CXLIII of 2015, as amended in 2020, §§ 5, 6 and 7)
Does the law specify the main procedure types or procurement methods permitted? Yes. The main procedure types are: 1. open procedure (nyílt eljárás); 2. restricted procedure (meghívásos eljárás); 3. negotiated procedure (tárgyalásos eljárás); 4. competitive dialogue (versenypárbeszéd); 5. innovation partnerships (innovációs partnerség); 6. negotiated procedures without prior publication of a contract notice (hírdetmény nélküli tárgyalásos eljárás). (Law No. CXLIII of 2015, as amended in 2020, §§ 81, 82, 85, 90, 95 and 98)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Public Procurement Arbitration Committee (Law No. CXLIII of 2015, as amended in 2020, § 145)
Is there a procurement regulatory body dedicated to public procurement? Yes. Public Procurement Authority ("Közbeszerzési Hatóság"); Website: https://www.kozbeszerzes.hu/ (Law No. CXLIII of 2015, as amended in 2020, § 179)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? Yes. The Law specifies that members of the Public Procurement Arbitration Committee should have certain qualifications and professional experience, but it is silent about procurement advisors' profession and their role in the tendering process. (Law No. CXLIII of 2015, as amended in 2020, §§ 146, 192 (5), 193 (4))
Is disclosure of final, beneficial owners required for placing a bid? Yes. The Public Procurement Law stipulates that bidders/companies that do not comply with Act LIII of 2017 on the Prevention and Suppression of Money Laundering and Terrorist Financing and are, therefore, unable to name its beneficial owner pursuant to Section 3 (38 ) (a) - (b) or (d) of said Act, are to be excluded from the tender procedure. (Law No. CXLIII of 2015, as amended in 2020, § 62 (1) kb))

Complaints

Is there a fee for arbitration procedure? Yes. An administrative service fee shall be paid for the procedure of the Public Procurement Arbitration Committee initiated upon request, including the appeal procedure related to the concession procurement procedure. Generally, the fee should be: 1. equal to 0.5% of the estimated value of the procurement in the case of public procurement procedures, concession procurement procedures and design contests with a value exceeding EU thresholds, but not less than HUF 200,000 and not more than HUF 25,000,000 in the case of partial tenders; 2. 0.5% of the estimated value of the procurement in the case of public procurement procedures, a concession procurement procedure and a design tender procedure with a value falling below EU thresholds and, in the case of a partial tender, 0.5% of the value of the part affected by the appeal, but not less than HUF 200,000. Further nuances of fee pricing may apply. (Law No. CXLIII of 2015, as amended in 2020, § 150 (1) Decree No. 45 of 2015 (XI.2), § 1)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. Where an application for review procedure [§ 148(2)] is filed or a review procedure is initiated [§ 152], the contract - in the case stipulated in paragraph 3, the contract relating to the party affected by the review procedure -, may not be concluded until a decision has been taken on the merits of the case or the contract has been closed, unless the Procurement Arbitration Committee authorizes the contract [ § 156 (4)]. Where the validity period of the tender of the successful tenderer has expired, the contract may only be concluded with the successful tenderer by the contracting authority, if they make a statement that they maintain their tender. (Law No. CXLIII of 2015, as amended in 2020, § 131 (7))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? General. The Public Procurement Arbitration Committee - with the exception of the matter specified in paragraph (2) - shall complete the procedure within 15 days from the commencement of the procedure, if no hearing has been held in the matter. If the Public Procurement Arbitration Committee has held a hearing on the matter, it shall complete the procedure within 25 days from the commencement of the procedure, except for the case specified in paragraph (3). The Public Procurement Arbitration Committee shall complete the procedure within 60 days from the commencement of the procedure in the case of amendment or performance of the contract concluded on the basis of a procurement procedure carried out in violation of the Procurement Act and in the absence of the public procurement procedure. ( Law No. CXLIII of 2015, as amended in 2020, § 164 (1) (2) (3))
Is there a requirement to publicly release arbitration court decisions ? Yes. The order and decision resulting in the termination of the public procurement case and the order authorizing the conclusion of the contract shall be published on the website of the Public Procurement Authority on the day of its adoption. The substantive decision shall also be published if the Public Procurement Arbitration Committee has excluded the public from the hearing pursuant to § 161 (4). Website: https://www.kozbeszerzes.hu/ ( Law No. CXLIII of 2015, as amended in 2020, § 166 (2))

Legislation

Decree No. 45 of 2015 on the administrative service fee to be paid for the procedure of the Public Procurement Arbitration Committee (Hungarian)pdf
Law No. CXLIII of 2015 on Public Procurement (Hungarian)pdf
Law No. LXXI of 2019 on Hungary's Central Budget for 2020 (Hungarian)pdf
Law No. XXX of 2016 on Procurement for Defense and Security Purposes (Hungarian)pdf

*Last update: 2017