Amendment 3 Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10 Amendment 11 Amendment 12 Amendment 21 Amendment 13 Amendment 22 Sub-amendment 1 to amendment 22 Amendment 1 Amendment 14 Amendment 15 Amendment 16 Amendment 17 Amendment 18 Amendment 19 Amendment 20 Amendment 2
Caption: AdoptedRejectedWithdrawnNo electronic votes
24 June 2013
Tabled by Mr Pedro AGRAMUNT, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Viorel-Riceard BADEA, Mr David DAVIES, Mr Andrzej HALICKI, Mr Gergely GULYÁS
In the draft resolution, paragraph 1, replace the word "welcomes" with the following words: "takes note of".
24 June 2013
Tabled by Mr David DAVIES, Mr Pedro AGRAMUNT, Mr Thierry MARIANI, Mr Luigi VITALI, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Axel FISCHER, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA, Ms Pelin GÜNDEŞ BAKIR
In the draft resolution, paragraph 1, after the first sentence, insert the following sentence: "The Assembly takes note of the opinion of the Bureau of the Assembly which did not support the opening of the monitoring procedure in respect of Hungary."
Explanatory note
In accordance with the rules of the PACE, prior to the decision of the Assembly, the Monitoring Committee and also the Bureau took a position on the question. This fact should be mentionned without any classification.
24 June 2013
Tabled by Mr Pedro AGRAMUNT, Mr Luigi VITALI, Ms Ismeta DERVOZ, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA, Ms Pelin GÜNDEŞ BAKIR, Mr David DAVIES
Votes: 126 in favor 74 against 7 abstentions
In the draft resolution, paragraph 1, replace the last sentence with the following sentence: "In this regard the Assembly supports the fact that the on-going dialogue continues between the European Commission for Democracy through Law (Venice Commission) and the Hungarian Government."
Explanatory note
Over the past almost three years, the Venice Commission has adopted 12 opinions regarding Hungarian constitutional reform. The Hungarian Government has established or amended a national law pursuant to the guidelines provided by the VC or another body of the Council of Europe.
24 June 2013
Tabled by Mr Márton BRAUN, Mr Agustín CONDE, Mr Pedro AGRAMUNT, Mr Axel FISCHER, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA, Ms Pelin GÜNDEŞ BAKIR, Mr David DAVIES
Votes: 131 in favor 78 against 9 abstentions
In the draft resolution, at the end of paragraph 2, insert the following sentence: "As a result of the 2010 election one party alliance gained a more than two-thirds majority in the Hungarian parliament which represents, according to common European standards, sufficient legitimacy for amending the constitution".
Explanatory note
The result of the parliamentary election in 2010 enabled the governing majority to adopt a new Constitution. The basic rule of democracy is that everyone respects the results of democratic elections. Since the change of regime it was the aim of each Hungarian government to adopt a Constitution.
24 June 2013
Tabled by Mr Kimmo SASI, Mr Giorgi KANDELAKI, Mr Gabino PUCHE, Mr Pedro AGRAMUNT, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA, Ms Pelin GÜNDEŞ BAKIR, Mr David DAVIES
Votes: 127 in favor 80 against 14 abstentions
In the draft resolution, replace paragraph 3 with the following paragraph:
"The Assembly notes that the new Hungarian Parliament, for the first time in the history of free and democratic Hungary, amended the former one-party Constitution into a new and modern Fundamental Law through a democratic procedure, after intensive debates in the Parliament and with contributions by Hungarian civil society."
Explanatory note
The former Hungarian Constitution was adopted by a one party parliament in 1949. In 1989, the Constitution was amended by the last, not freely elected, communist parliament. It is a matter of fact that for the first time in history, Hungary has a written Constitution which was adopted by a freely elected Parliament.
24 June 2013
Tabled by Mr Márton BRAUN, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Pedro AGRAMUNT, Mr Axel FISCHER, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA
Votes: 134 in favor 80 against 9 abstentions
In the draft resolution, replace paragraph 4 with the following paragraph:
"The Assembly supports the opinion of the Venice Commission by taking note that the number of subjects regulated by two thirds majority have not increased since the adoption of the new Fundamental law. In order to implement these laws with the widest possible support of the civil society, the Assembly calls upon the governing majority and all opposition parties to further cooperate on these topics."
Explanatory note
The criticisms formulated mostly ignore the fact that since 1990, in Hungary the number of subjects regulated by two thirds majority is high. In fact, the Fundamental Law regulates 26 subjects to be cardinal, while the former Constitution regulated 28. Thus the number of cardinal subjects has decreased.
24 June 2013
Tabled by Mr Luca VOLONTÈ, Mr Erich Georg FRITZ, Mr Axel FISCHER, Mr Márton BRAUN, Ms Katalin CSÖBÖR, Mr Gergely GULYÁS, Mr Viorel-Riceard BADEA, Ms Pelin GÜNDEŞ BAKIR, Mr David DAVIES, Mr Gábor Tamás NAGY
Votes: 127 in favor 86 against 5 abstentions
In the draft resolution, in paragraph 5, replace the second sentence with the following sentence: "The Assembly notes that several provisions are a concern to a part of Hungarian society. These provisions however are based on traditional European values, are noted in the Constitutions of many other European countries and were adopted by a democratic two-thirds majority in the Hungarian Parliament."
Explanatory note
The Preamble of the Fundamental Law highlights the importance of European unity. According to the regulation of the Fundamental Law, Hungary shall accept the generally recognized rules of international law. Hungary shall ensure that Hungarian laws are in conformity with international law.
24 June 2013
Tabled by Mr Márton BRAUN, Ms Dora BAKOYANNIS, Mr Spyridon TALIADOUROS, Mr José Ignacio PALACIOS, Mr Giorgi KANDELAKI, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Pedro AGRAMUNT, Mr Axel FISCHER, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA, Ms Pelin GÜNDEŞ BAKIR
Votes: 82 in favor 125 against 13 abstentions
In the draft resolution, delete paragraph 6.
Explanatory note
While the draft resolution criticizes the minor and temporary limitation of the Constitutional Court's powers, it forgets to mention the introduction of the new institution of constitutional complaint - following the German model - which was requested by the Constitutional Court. This competence allows the Court to examine judgements of normal courts.
24 June 2013
Tabled by Mr David DAVIES, Mr Márton BRAUN, Ms Dora BAKOYANNIS, Mr Spyridon TALIADOUROS, Mr José Ignacio PALACIOS, Ms Ismeta DERVOZ, Mr Giorgi KANDELAKI, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Pedro AGRAMUNT, Mr Axel FISCHER, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA, Ms Pelin GÜNDEŞ BAKIR
Votes: 71 in favor 132 against 18 abstentions
In the draft resolution, replace paragraph 7 with the following paragraph:
"The Assembly, confirming the opinion of the Venice Commission, takes the view that the Fourth Amendment of the Fundamental Law creates the possibility for the Constitutional Court to examine the Fundamental Law and its amendments from procedural aspects. At the same time the Assembly calls upon the Hungarian authorities to ensure all safeguards in respect of the constitutional examination of budgetary regulation."
Explanatory note
Since its inception the practice of the Constitutional Court is that the Constitution can only be revised from a procedural aspect. However, neither the former Constitution nor the Fundamental Law regulated this competence until the Fourth Amendment was adopted. In this respect, there is no common European practice.
24 June 2013
Tabled by Mr Luca VOLONTÈ, Mr Márton BRAUN, Mr Gergely GULYÁS, Mr Andrzej HALICKI, Mr Zbigniew GIRZYŃSKI
If adopted, amendment 21 falls.
Votes: 87 in favor 108 against 29 abstentions
In the draft resolution, replace paragraph 8 with the following paragraph:
"The Assembly closely followed the debates in respect of the Fourth Amendment of the Fundamental Law and takes note that the Venice Commission in its opinion identified positive elements, but criticized some parts of it. In this regard, the Assembly welcomes the intention of the Hungarian Government to modify the Fundamental Law and thereby eliminate the legal institution of transfer of court cases and the issue of special tax in case of international court judgments leading to payment obligations."
Explanatory note
At the request of the Council of Europe and the European Commission on 14 June 2013, the Hungarian Government submitted the draft of the fifth amendment of the Fundamental Law. Accordingly, the institution of transfer of cases and the possibility of levying a special tax will be eliminated.
24 June 2013
Tabled by Ms Lolita ČIGĀNE, Ms Inese LĪBIŅA-EGNERE, Mr Andris BĒRZINŠ, Mr Kimmo SASI, Mr Gediminas JAKAVONIS
Falls if amendment 12 is adopted.
Votes: 191 in favor 18 against 11 abstentions
In the draft resolution, paragraph 8, replace the last sentence with the following sentence: "The attempt of the ruling coalition in Hungary to use its unique two-thirds majority to push through arbitrary reforms has been in contravention of these democratic principles."
24 June 2013
Tabled by Mr David DAVIES, Mr Márton BRAUN, Mr Thierry MARIANI, Mr Luigi VITALI, Ms Dora BAKOYANNIS, Mr Spyridon TALIADOUROS, Mr José Ignacio PALACIOS, Ms Ismeta DERVOZ, Mr Giorgi KANDELAKI, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Pedro AGRAMUNT, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA, Ms Pelin GÜNDEŞ BAKIR
If adopted, amendment 22 falls.
Votes: 74 in favor 137 against 14 abstentions
In the draft resolution, delete paragraph 9.
Explanatory note
Paragraph 9 contains one-sided statements. Several well-known German and French experts assessed the Fourth Amendment as a positive act, while others formulated criticism. Compared to the draft resolution, the Venice Commission's opinion represents a more balanced view. The Hungarian government already has declared its intention to modify the Fundamental Law
24 June 2013
Tabled by Mr Tamás GAUDI NAGY, Ms Pelin GÜNDEŞ BAKIR, Mr Burhan KAYATÜRK, Mr Peter van DIJK, Mr Valeriu GHILETCHI
Falls if amendment 13 is adopted.
Votes: 60 in favor 145 against 17 abstentions
In the draft resolution, replace paragraph 9 with the following paragraph:
"The Assembly welcomes the provisions (Clause U) in the Fourth Amendment to the constitution that could serve as a legal guarantee to punish the perpetrators of crimes against humanity during the communist times and - in the absence of effective execution of these provisions - urges the Hungarian authorities to start these processes in order to cease the impunity of perpetrators of such crimes."
25 June 2013
Tabled by Mr Tamás GAUDI NAGY, Mr Peter van DIJK, Mr Arkadiusz MULARCZYK, Ms Nermina KAPETANOVIĆ, Mr David DAVIES
Votes: 59 in favor 125 against 32 abstentions
At the end of amendment 22, insert the following sentences: "The Assembly stresses that between 2002-2010, during the 8 year-long rule of the socialist-liberal governments, there was a human rights crisis in Hungary, especially in the autumn of 2006, when hundreds of people were attacked by the police, more than a dozen people were shot in the eye and hundreds of arbitrary processes were performed against demonstrators and innocent victims. Reports of human rights organisations, judgments and official reports of the Hungarian Parliament all confirmed these serious breaches of human rights. It is not compatible with the values of the Council of Europe that punishment of the perpetrators - inter alia the former prime-minister - still has not happened. The Hungarian authorities should take the necessary legal steps in order to cease their impunity."
24 June 2013
Tabled by Ms Kerstin LUNDGREN, Ms Marina SCHUSTER, Mr Andrej HUNKO, Mr Nikolaj VILLUMSEN, Ms Mailis REPS
In the draft resolution, after paragraph 9, insert the following paragraph:
"The Assembly takes note of the opinion of the Venice Commission on the 4th constitutional amendment, the conclusions and findings of which confirm the concerns of the Assembly expressed in this resolution and in the report of the Monitoring Committee. It urges the Hungarian authorities, in close co-operation with the Venice Commission, to fully address the concerns and implement the recommendations contained in the opinion."
24 June 2013
Tabled by Mr Luca VOLONTÈ, Mr Márton BRAUN, Mr Gergely GULYÁS, Mr Attila GRUBER, Mr Imre VEJKEY
Votes: 143 in favor 75 against 6 abstentions
In the draft resolution, paragraph 10, replace the second sentence with the following sentence: "The Assembly calls upon the Hungarian authorities to continue the open and constructive dialogue with the Venice Commission and all other European institutions."
Explanatory note
At the request of the Council of Europe and the European Commission, on 14 June 2013 the Hungarian government submitted the draft of the Fifth Amendment of the Fundamental Law. Accordingly, the institution of transfer of cases and the possibility of levying a special tax will be eliminated.
24 June 2013
Tabled by Mr Márton BRAUN, Ms Carmen QUINTANILLA, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Pedro AGRAMUNT, Mr Viorel-Riceard BADEA, Ms Pelin GÜNDEŞ BAKIR, Mr David DAVIES
In the draft resolution, after paragraph 10, insert the following paragraph:
"The Assembly welcomes the fact that as a result of the dialogue with the Venice Commission and the Secretary General of the Council of Europe, the Hungarian Parliament amended the media law twice, changed the acts on judiciary, the law on freedom of information, the transitional provisions of the Fundamental Law and put forward the proposal for the Fifth Amendment of the Fundamental Law. The Assembly notes that, by the adoption of the act on the election of the members of Parliament, the Hungarian goverment responded to the previous recommendation of the Venice Commission and terminated the disproportionality of the constituencies. The Assembly notes that the decision of the Parliament meets the request of the Constitutional Court according to which the electoral boundaries have to be regulated by law."
Explanatory note
At the request of the Council of Europe and the European Commission, on 14 June 2013 the Hungarian goverment submitted the draft of the Fifth Amendment of the Fundamental Law. Accordingly, the institution of transfer of cases and the possibility of levying a special tax will be eliminated.
24 June 2013
Tabled by Mr Márton BRAUN, Ms Carmen QUINTANILLA, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Pedro AGRAMUNT, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA
Votes: 208 in favor 4 against 13 abstentions
In the draft resolution, replace paragraph 11.3.3 with the following paragraph:
"introduce a mandatory 'cooling-down' period in respect of members of parliament, which already exists for members of the government, leading officials of a political party or state leaders, between the end of their political mandates and before the start of their new function, in the case they are elected as judge of the Constitutional Court;"
24 June 2013
Tabled by Mr Márton BRAUN, Ms Carmen QUINTANILLA, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Pedro AGRAMUNT, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA
Votes: 66 in favor 144 against 13 abstentions
In the draft resolution, delete paragraph 11.4.
24 June 2013
Tabled by Mr Márton BRAUN, Ms Carmen QUINTANILLA, Mr Gabino PUCHE, Mr Agustín CONDE, Mr Pedro AGRAMUNT, Mr Erich Georg FRITZ, Mr Viorel-Riceard BADEA, Mr David DAVIES
Votes: 73 in favor 138 against 14 abstentions
In the draft resolution, replace paragraph 11.5 with the following paragraph:
"media legislation, to further comply with ECHR case-law, notwithstanding the improvements made to the relevant laws, in cooperation with the Secretary General of the Council of Europe."
Explanatory note
The report gives the false impression that the Hungarian authorities ignored the criticism and some Hungarian acts do not comply with the ECHR. In fact Hungary has undergone extremely strict examination. During the whole process, Hungary has always acted in a cooperative manner.
24 June 2013
Tabled by Mr Luca VOLONTÈ, Mr Márton BRAUN, Mr Gergely GULYÁS, Mr Arkadiusz MULARCZYK, Mr Grzegorz CZELEJ, Mr James CLAPPISON
Votes: 95 in favor 124 against 8 abstentions
In the draft resolution, delete paragraph 12.
Explanatory note
The Preamble of the Fundamental Law highlights the importance of European unity. According to the regulation of the Fundamental Law, Hungary shall accept the generally recognized rules of international law. Hungary shall ensure that Hungarian laws are in conformity with international law.
24 June 2013
Tabled by Mr Gergely GULYÁS, Mr Márton BRAUN, Mr Gábor Tamás NAGY, Ms Katalin CSÖBÖR, Mr Attila GRUBER, Mr Imre VEJKEY, Mr Ferenc KALMÁR
If adopted, amendment 2 falls.
In the draft resolution, paragraph 13, replace the second and the third sentences with the following sentences: "New constitutional provisions have raised legal questions about the extent to which the country is complying with these obligations. The Assembly however decides not to open a monitoring procedure in respect of Hungary, as such a decision is disproportionate in view of their current open and constructive dialogue with the European Commission, the Venice Commission and all relevant bodies of the Council of Europe."
Explanatory note
In light of the co-operative attitude of Hungary there is no reason for opening the monitoring procedure. The instrumental use of the monitoring procedure should be avoided. All member states could easily become subject to it in the case of their situation being assessed on the basis of a subjective or false evaluation.
24 June 2013
Tabled by Mr René ROUQUET, Mr Martin HENRIKSEN, Mr Mike HANCOCK, Mr Pedro AGRAMUNT, Ms Karin S. WOLDSETH, Mr Joachim HÖRSTER
Falls if amendment 20 is adopted.
Votes: 135 in favor 88 against 6 abstentions
In the draft resolution, paragraph 13, replace the final sentence with the following sentence: "The Assembly, however, decides not to open a monitoring procedure in respect of Hungary but resolves to closely follow the situation in Hungary and to take stock of the progress achieved in the implementation of this resolution."