EUROPAM

European Public Accountability Mechanisms

Hungary

Country score (European Average*)
  • 75(66) Political Financing
  • 70(50) Financial Disclosure
  • 28(40) Conflict of Interest
  • 73(56) Freedom of Information
  • 80(63) 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

2012201520162017Trend
Bans and limits on private income42424242
Public funding75757575
Regulations on spending100100100100
Reporting, oversight and sanctions75838383

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

Qualitative data for 2017


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

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

2012201520162017Trend
Disclosure items79808081
Filing frequency94949475
Sanctions100100100100
Monitoring and Oversight50505056
Public access to declarations50505038

Alternative Metric

2012201520162017Trend
Head of State76767671
Ministers76767671
Members of Parliament76777772
Civil servants71717166

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. The president 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 2016))
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 2016))
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 2016))
Cash Yes. Savings and cash are included in the declaration (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
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 2016))
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 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 (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Seat and position must be clearly stated (Article 1 of 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 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. Parliamentary Committee on Immunity and Credentials ( 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. Parliamentary Committee on Immunity and Credentials ( 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. President'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

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 2016) )
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 2016))
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 2016))
Cash Yes. Savings and cash are included in the declaration (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
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 2016))
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 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 (Article 1 and Annex 1 of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. Detailed ownership information required (Article 1 and Annex 1 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 (Article 1 and Annex 1 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 (Article 1 and Annex 1 of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))

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. Immunity, Incompatibility and Mandate Supervision Committee ( 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. Immunity, Incompatibility and Mandate Supervision Committee, 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. Online (Article 94.2 of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
Cost of access specified No. Free of charge

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 2016))
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 2016))
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 2016))
Cash Yes. Savings and cash are included in the declaration (Annex I of Law No. XXXVI of 2012 on the Parliament (last amended 2016))
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 2016))
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 2016))
Incompatibilities
Gifts received as a public official Yes. Must report and state value when it exceeds 1/12 of montlhy salary, however no donor's name required (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016 Article 82 of the Law XXXVI on the National Assembly, 2012, amended 2016)
Private firm ownership and/or stock holdings Yes. Detailed ownership information required (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2016)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Seat and position must be clearly stated (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016 Article 90 of the Law XXXVI on the National Assembly, 2012, amended 2016)
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 (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016 Article 80.3-90 of the Law XXXVI on the National Assembly, 2012, amended 2016)
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 (Article 1 of Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016 Article 80.3-90 of the Law XXXVI on the National Assembly, 2012, amended 2016)

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. Immunity, Incompatibility and Mandate Supervision Committee ( 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. Immunity, Incompatibility and Mandate Supervision Committee, 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 (Article 1 and 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 (Article 1 and Annex I of Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Cash Yes. Savings and cash are included in the declaration (Article 1 and 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 (Article 1 and 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 (Article 1 and 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 (Article 1 and 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 (Article 1 and 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 (Article 1 and 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 (Article 1 and 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 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Administrative: salary retained, dismissal ( Article 9 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))

Monitoring and Oversight

Depository body explicitly identified Yes. Different institutions depending on the occupied position ( Article 7 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission Yes. Different institutions depending on the occupied position ( Article 7 of the Law CLII of 2007 on Individual Wealth Declaration Obligations (amended 2016))
Some agency assigned responsibility for verifying accuracy Yes. Different institutions depending on the occupied position ( 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.

Qualitative data for 2017


Legislation

Law CLII on Individual Wealth Declaration Obligations, 2007, amended 2016 (Hungarian)pdf
Law XLIII on the central state administration bodies, and members of the Government and the status of the Secretaries of State, 2010, amended 2016 (Hungarian)pdf
Law XXXVI on the National Assembly, 2012, amended 2016 (Hungarian)pdf

Conflict of Interest

No laws on conflict of interests exist for Hungarian Ministers. However, the Constitution (2011, amended in 2013) obliges the Head of State from removing conflicts of interests immediately. It also declares that the office of President is incompatible with any other state, social, economic and political office or assignment, which would prevent engagement in public or private companies. For Members of Parliament, the Law on National Assembly (2012, 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

2012201520162017Trend
Restrictions35353535
Sanctions25252525
Monitoring and Oversight25252525

Alternative Metric

2012201520162017Trend
Head of State31313131
Ministers0000
Members of Parliament34343434
Civil servants48484848

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


Qualitative Data

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

Head of State

Restrictions

General restriction on conflict of interest Yes. The President elect of the Republic has to abolish the grounds of conflict of interest owed. If the President of the Republic in the exercise of his office has a conflict of interest, it shall immediately be overcome. If the President did not eliminate the reasons of the conflict of interest, any Member of Parliament may propose the declaration of a conflict of interest. (Article 4 of Law CX on legal status and remuneration of the President of the Republic, 2011, amended 2015)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. (Article 12.2 of the Constitution (2011, last amended in 2013))
Ownership of state-owned enterprises (SOEs) Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. (Article 12.2 of the Constitution (2011, last amended in 2013))
Holding government contracts Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. Shall not be eligible as a candidate for a public tender: the person who prepare decisions involved in the tendering procedure or decision-making and the public officials (Article 12.2 of the Constitution (2011, last amended in 2013) Article 6 of Law CLXXXI on transparency of spending of public funds, 2007, amended in 2015)
Board member, advisor, or company officer of private firm Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. (Article 12.2 of the Constitution (2011, last amended in 2013))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The office of the President of the Republic shall be incompatible with any other state, social, economic and political office or assignment. The President of the Republic may not pursue any other remunerated occupation, and may not receive a fee for any other activity, except for an activity subject to copyright \protection. (Article 12.2 of the Constitution (2011, last amended in 2013))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

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

Monitoring and Oversight

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

Ministers

Restrictions

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

Sanctions

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

Monitoring and Oversight

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

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. The representatives of the political context may not accept any gift or a mandate of other free benefits, which exceeds the amount of one month's salary of the respective representatives. The representatives of the salary worth more than equivalent to 1 / 12th part of the threshold and free gifts Allowances to Members - as part of the asset declarations - an obligation to make a statement. (Article 87 of Law XXXVI on the National Assembly, 2012, amended 2015)
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The mandate of a Member of the National Assembly shall terminate upon the declaration of a conflict of interests The Parliamentary mandate is incompatible with any other state, local government and business offices or mandates. The representative except for the scientific, university lecturer, college lecturers, art, editorial, editorial and rain legal protection under intellectual activity in other gainful employment may not engage in other activities - scientific, educational, artistic, proofreading, editing, rain legal protection under intellectual activities and activities under the employment relationship except for foster parents - may not accept any remuneration. A representative activities in the agricultural producer is not considered as gainful employment or other activities in return for remuneration. The representative office of the Prime Minister, Ministers, State Secretaries, Government commissioner, commissioner of the Prime Minister, Prime Minister's ministerial commissioner or commissioners may perform or be an officer of Parliament. The Prime Minister, representing Secretary of State can not be an official member of the National Assembly and the parliamentary committee. (Article 4 of the Constitution (2011, last amended in 2013) Article 80 of the Law XXXVI on the National Assembly, 2012, amended 2015)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

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

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. National Assembly Standing Committee (Article 91-94 of Law XXXVI on the National Assembly, 2012, amended 2015)

Civil servants

Restrictions

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

Sanctions

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

Monitoring and Oversight

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

Qualitative data for 2017


Legislation

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

Freedom of Information

Hungary's 2011 Constitution establishes the right to information, while Act CXII on the Right of Informational Self-Determination and on Freedom of Information (2011, amended 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

2012201520162017Trend
Scope and Coverage93939393
Information access and release88888888
Exceptions and Overrides83838383
Sanctions for non-compliance006767
Monitoring and Oversight33333333

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


Qualitative Data

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

Scope and Coverage

Scope of disclosure

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

Coverage of public and private sectors

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

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

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

Information access and release

Procedural access

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

Deadlines for release of information

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

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Act CLV on the Protection of Classified Information, 2009 (Act CLV on the Protection of Classified Information, 2009, amended 2016)
Existence of personal privacy/data law Yes. Act LXIII on the Protection of Personal Data and the Publicity of Data of Public Interest (1992) (Act LXIII on the Protection of Personal Data and the Publicity of Data of Public Interest (1992))
Specific exemptions to disclosure Yes. (2) Right of access to data of public interest or data public on grounds of public interest may be restricted by law - with the specific type of data indicated - where considered necessary to safeguard: a) national defense; b) national security; c) prevention and prosecution of criminal offenses; d) environmental protection and nature preservation; e) central financial or foreign exchange policy; f) external relations, relations with international organizations; g) court proceedings or administrative proceedings; h) intellectual property rights. (Section 27 of Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015 Section 5 of Act CLV on the Protection of Classified Information, 2009, amended 2016)
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 2015)

Appeals

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

Sanctions for non-compliance

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

Monitoring and Oversight

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

Qualitative data for 2017


Legislation

Constitution of Hungary, 2011, amended 2013 (English)pdf
Act CXII on the Right of Informational Self-Determination and on Freedom of Information, 2011, amended 2015 (Hungarian)pdf
Act CLV on the Protection of Classified Information, 2009, amended 2016 (Hungarian)pdf
Act LXIII on the Protection of Personal Data and the Publicity of Data of Public Interest (1992) (English)pdf

Public Procurement

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

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

▪         HUF 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

2012201520162017Trend
Scope797772
Information availability999999
Evaluation565656
Open competition757575
Institutional arrangements100100100

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. (Article 70., Budgetary Bill of 2017 (XC/2016 Law))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) HUF 25000000. (Article 70., Budgetary Bill of 2017 (XC/2016 Law))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) HUF 15000000. (Article 70., Budgetary Bill of 2017 (XC/2016 Law))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) HUF 15000000. (Article 70., Budgetary Bill of 2017 (XC/2016 Law))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) HUF 50000000. (Article 70., Budgetary Bill of 2017 (XC/2016 Law))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) HUF 41427450. (Article 71., Budgetary Bill of 2017 (XC/2016 Law))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) HUF 15000000. (Article 70., Budgetary Bill of 2017 (XC/2016 Law))
What are the minimum application thresholds for the procurement type? (Product type WORKS) HUF 25000000. (Article 70., Budgetary Bill of 2017 (XC/2016 Law))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) HUF 15000000. (Article 70., Budgetary Bill of 2017 (XC/2016 Law))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. the prior information notice; the contract notice launching the open procedure; the invitation to participate starting restricted procedures, negotiated procedures, competitive dialogues and innovation partnerships, except for the direct invitation to participate starting restricted and negotiated procedures launched by a prior information notice or a periodic indicative notice specified by a separate act of legislation, furthermore, the direct invitation to participate starting restricted procedures, negotiated procedures, competitive dialogues and innovation partnerships launched by a pre-qualification notice pursuant to a separate act of legislation; the invitation launching a procedure subject to independent procedural rules according to Article 117; the periodic indicative notice and pre-qualification notice specified in a separate act of legislation; the contest notice launching a design contest; the concession notice, except for the procedure specified in Article 128 and 129(2); the notice on the results of the procedure; the notice on the results of the design contest; the information notice concerning an amendment to the contract. (Article 37(1), Act CXLIII of 2015 on Public Procurement)
Are any of these documents published online at a central place? Yes. http://www.kozbeszerzes.hu/adatbazis/keres/hirdetmeny/ (Article 37 (6) Act CXLIII of 2015 on Public Procurement )
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. For at least 5 years following the closure of the procedure. (Article 46 (2) Act CXLIII of 2015 on Public Procurement )
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 on the contracts awarded in the previous quarter of the year shall be sent for publication within 10 business days after the last day of the calendar quarter. (Article 37 (4) Act CXLIII of 2015 on Public Procurement )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. tenderers or candidates shall make a statement in their tender or, in case of a procedure consisting of more than one stage, request to participate that they do not employ for the performance of the contract any subcontractor subject to the grounds for exclusion (Articles 66 (6), 67 (4) Act CXLIII of 2015 on Public Procurement )
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. regardless of value, in the tender if requested by the contracting authority, while performing the contract it is mandatory (Articles 66 (6), 138 (3) Act CXLIII of 2015 on Public Procurement )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? No. Technical specifications shall ensure equal access of all economic operators to the procurement procedure and shall not have the effect of creating unjustified obstacles to the opening up of public procurement to competition. (Article 50, 58 (3) Act CXLIII of 2015 on Public Procurement )
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. in the course of the selection of economic operators, the principle of equal treatment shall be complied with and, if possible, in particular the participation of micro, small or medium-sized enterprises shall be enhanced. (Article 113 (3), 115 (2), Act CXLIII of 2015 on Public Procurement preamble)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. (Article 2 (5) Act CXLIII of 2015 on Public Procurement )
Is there a specific set of rules for green/sustainable procurement? Yes. the contracting authority shall specify the criterion or criteria on the basis of which he shall select the tender that he considers to be the most economically advantageous tender, also as regards social, societal and environmental issues, (Article 76 (1) (2) (3) (5) Act CXLIII of 2015 on Public Procurement preamble)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. specified criminal offences, outstanding tax or social security contributions, bankruptcy, suspended business activities, etc. (Articles 62-63 Act CXLIII of 2015 on Public Procurement )
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. it is submitted after deadline; the tenderer, candidate has been excluded from the procedure; tenderer or candidate does not comply with the suitability criteria; it does not comply in any other way with the conditions stipulated in the contract notice;the consideration offered is abnormally low or it contains any other unfeasible undertaking (Article 73(1) Act CXLIII of 2015 on Public Procurement )
Is scoring criteria published? Yes. lowest price or lowest cost based on cost-efficiency method or criteria representing the best price-quality ratio (Articles 76-78 Act CXLIII of 2015 on Public Procurement )
Are decisions always made by a committee? Yes. "Contracting authorities shall set up an evaluation committee […] of at least three members for the evaluation of the tenders […]" (Article 27 (4), Act CXLIII of 2015 on Public Procurement )
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Persons or organizations not being able to perform their functions in an unbiased and objective manner for whatever reason, in particular due to economic interests or any other common interest with an economic operator participating in the procedure, may not participate in the preparation and the execution of the procedure on behalf of the contracting authority, for that is qualified a conflict of interest. (Article 25, Act CXLIII of 2015 on Public Procurement )
Is some part of evaluation committee mandatorily independent of contracting authority? No. (Article 25 Act CXLIII of 2015 on Public Procurement )
Are scoring results publicly available? No. "Economic operators may not prohibit the public release to their name, address (seat, residence) or any fact, information, solution or data (hereinafter jointly referred to as 'data') to be evaluated under the award criteria according to Article 76, but they have the right to prohibit the public release of basic data, partial information not covered by paragraph 2 (such as in particular the priced budget) which serve as the basis of the data mentioned above." (Article 44 Act CXLIII of 2015 on Public Procurement )
Does the law specify under which conditions the tender can be cancelled? Yes. no tenders or, in the case of a procedure consisting of more than one stage, no requests to participate have been submitted; only invalid tenders or requests to participate have been submitted; the validity period has expired for all submitted tender and neither of the tenderers maintain their tender; contract concluded unlawfully without the conduct of a procurement procedure; contract concluded as a result of a negotiated procedure without prior publication of a notice and the criteria for the application of this type of procedure were not fulfilled; parties concluded the contract in breach of the rules regarding the standstill period and, as a result, deprived the tenderer of the opportunity to resort to a remedy preceding the conclusion of the contract, and at the same time they violated the rules applicable to public procurements in such a way that it influenced the prospects of the tenderer to win the procurement procedure. (Articles 75, 137 Act CXLIII of 2015 on Public Procurement )

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Public Procurement Bulletin, Public Procurement Database maintained by the Public Procurement Authority (Article 37 (6), Act CXLIII of 2015 on Public Procurement )
Does the law specify the location for publicizing restricted calls for tenders? Yes. Contracting authorities shall send notices for publication to the Public Procurement Authority by electronic means as specified in a separate act of legislation. Contracting authorities shall publish notices defined in this Act according to a standard form specified in a separate act of legislation. ( Article 37 (6) Act CXLIII of 2015 on Public Procurement )
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Contracting authorities shall send notices for publication to the Public Procurement Authority by electronic means as specified in a separate act of legislation. Contracting authorities shall publish notices defined in this Act according to a standard form specified in a separate act of legislation. (Article 37 (6) Act CXLIII of 2015 on Public Procurement)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. (82 (4), Act CXLIII of 2015 on Public Procurement Article )
What is the minimum number of bidders for negotiated procedures? 3. ( Article 86 (3) Act CXLIII of 2015 on Public Procurement)
What is the minimum number of bidders for competitive dialogue procedures? 3. (Articles 90. § (4) and 86. § (3), Act CXLIII of 2015 on Public Procurement)

Bidding period length

What are the minimum number of days for open procedures? 35. If tenders may also be submitted electronically, 30 days. If the contracting authority has dispatched a prior information notice, 15 days. (Article 81 (7)- (8) Act CXLIII of 2015 on Public Procurement )
What are the minimum number of days for restricted procedures? 30. 15 days for participation in accelarated procedure. 25 days in case of electronic submission, 10 days in the case of procedures launched by a request to participate. (Article 83 (1)- (2), 84 (4)-(5) Act CXLIII of 2015 on Public Procurement )
What are the minimum number of days  for competitive negotiated procedures? 30. 15 days for participation in accelarated procedure. 25 days in case of electronic submission, 10 days in the case of procedures launched by a request to participate. ( Article 87 (3), 83 (1)- (2), 84 (4)-(5) Act CXLIII of 2015 on Public Procurement )

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. defence and security, deployment of military forces,public electronic communication network, textbooks, international development cooperation and humanitarian aid activity (Article 111 of the PPA exemptions from Public Procurement procedures Article 9-14 of the PPA, exemption from national procedure )
Does the law specify the main types of institutions that must apply the public procurement law? Yes. ministries, the central purchasing body designated by the Government, the State, all the budgetary authorities, public foundations, local governments, local and national self-governments of nationalities, associations of local governments and self governments of nationalities, associations of local governments for the purpose of regional development, development councils of subregions, bodies governed by public law, organisations in the utilities sectors. (Articles 5-7, Act CXLIII of 2015 on Public Procurement.)
Does the law specify the main procedure types or procurement methods permitted? Yes. Open (nyílt eljárás) Article 81 of the PPA, Restricted ( meghívásos eljárás) Article 82 of the PPA, Innovation partnerships (innovációs partnerség) Article 95 of the PPA, Negotiated procedure (tárgyalásos eljárás) Article 85 of the PPA, Competitive dialogue (versenypárbeszéd) Article 90 of the PPA, Negotiated procedures without prior publication of a contract notice (hírdetmény közzététele nélküli tárgyalásos eljárás) Article 98 of the PPA (Articles 81, 82, 85, 90, 95 and 98 Act CXLIII of 2015 on Public Procurement.)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. The Public Procurement Arbitration Board (Article 145 Act CXLIII of 2015 on Public Procurement )
Is there a procurement regulatory body dedicated to public procurement? Yes. Deputy State secretariat for Public Procurement, Ministry of National Development (Article 4,152/2014 Government Regulation (6. VI.) on the duties and powers of the Members of the Government )
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. (14/2016 Regulation (25.V.) of the Minister of Prime Minister's Office on the activities of liable accredited public procurement consultants)
Is disclosure of final, beneficial owners required for placing a bid? Yes. The successful tenderer shall reveal its structure of ownership to the contracting authority during the full period of performance of the contract. (Article 136 (1)b Act CXLIII of 2015 on Public Procurement )

Complaints

Is there a fee for arbitration procedure? Yes. set in a decree issued by the competent minister. § 1 (2) The administrative service fee in public procurement procedures, concession award procedures and design contests where the value of public procurement reaches or is above the EU thresholds is based on the estimated value of the procurement or – in case of division of the contract into lots – the value of the part involved in the appeal, 0.5% of the value but at least HUF 200,000, up to HUF 25 million; in public procurement procedures, concession award procedures and design contests where the value of public procurement is below the EU thresholds is based on the estimated value of the procurement or – in case of division of the contract into lots – the value of the part involved in the appeal, 0.5% of the value but at least HUF 200,000, up to HUF 6 million. (3) In the case referred to above the administrative service fee adjusts to the number of application elements the following way: a) in case of 1-3 items the fee equals to the amount determined under paragraph (2); b) in case of 4-6 items the fee is 125% of the amount determined under paragraph (2) c) in case of 7-10 items the fee is 150% of the amount determined under paragraph (2) d) in case of 11-15 items the fee is 175% of the amount determined under paragraph (2) e) above 15 items the fee is twice the amount determined under paragraph (2) (Article 150 (1) Act CXLIII of 2015 on Public Procurement )
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. Where an application for review procedure [Article 148(2)] is filed or a review procedure is initiated [Article 152], the contract, in the case stipulated in paragraph 3 the contract on the part of procurement affected by the review procedure, may be concluded only after the substantial decision or the decision closing the public procurement case has been taken, except in cases where the Public Procurement Arbitration Board allows the conclusion of the contract [Article 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 he makes a statement that he maintains his tender. (Article 131 (7) Act CXLIII of 2015 on Public Procurement )
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 15. When no hearing is held in the case, the Public Procurement Arbitration Board shall be requitted to finish the case within 15 days countered from the launch of the proceedings (in case of no hearing), save for the case when the PPA Board has held a hearing. In the latter case, the proceedings shall be finished within 25 days from the launch of the proceedings. The PPA Board shall conclude the case concerning an amendment or performance violating Act CXLIII of 2015 on Public Procurement of the contract concluded on the basis of the procurement procedure within 60 days from the launching of the procedure. ( Article 164 Act CXLIII of 2015 on Public Procurement)
Is there a requirement to publicly release arbitration court decisions ? Yes. The decree and the decision closing a public procurement case and the decree on the allowance of the conclusion of the contract shall be published on the homepage of the Public Procurement Authority on the day of their drawing up. The substantial decision shall be published even if the PPA Board has excluded the public from the proceedings. (Article 166 (2) Act CXLIII of 2015 on Public Procurement )

Qualitative data for 2017


Legislation

Law 204/228 as of 31 December 2014 (Hungarian)pdf
Decree 2011/93 as of 31 December 2014 (Hungarian)pdf
Decree 288/2011 as of 31 December 2014 (Hungarian)pdf
Law CVIII of 2011 as of 31 December 2014 (Hungarian)pdf
Law C (budget) of 2014 as of 31 December 2014 (Hungarian)pdf
Law CVIII of 2011 as of 31 December 2015 (Hungarian)pdf
Law 152 of 2014 as of 31 December 2015 (Hungarian)pdf
Decree 45 of 2015 as of 31 December 2015 (Hungarian)pdf
Decree 46 of 2015 as of 31 December 2015 (Hungarian)pdf
Law C (budget) of 2015 as of 31 December 2015 (Hungarian)pdf
Law CXLIII as of 31 December 2015 (Hungarian)pdf
Information on thresholds as at 31 December 2015 (Hungarian)pdf
Decree 45 of 2015 as of 31 December 2016 (Hungarian)pdf
Law CXLIII as of 31 December 2016 (Hungarian)pdf
Law 14 of 2016 as of 31 December 2016 (Hungarian)pdf
Law XC (budget) of 2016 as of 31 December 2016 (Hungarian)pdf
Law XXX of 2016 as of 31 December 2016 (Hungarian)pdf