The government makes it constitutional law that the father is a man and the mother is a woman, but the bill also defines the concept of public money.

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The government introduced a bill to amend the Basic Law on Tuesday night, following a vote on the Emergency Law. The draft available on the parliament’s website also contains two amendments on the perception of the family and the raising of children.

On the one hand, it would be included in the Basic Law that “Hungary protects the right of children to their own identity according to their gender of birth and ensures education in accordance with the values ​​based on the constitutional identity and the Christian culture of our country. country”. Or that

“The mother is a woman, the father is a man.”

The foundation argues that “the new and modern ideological processes in the Western world, which raise doubts about the non-creation of men and women, are nevertheless a threat to the child’s right to healthy development enshrined in the Basic Law. In order to guarantee this right of the specially designated child, it is necessary to ensure the child’s right to his or her own identity corresponding to the sex of birth, which the State must protect by all means at its disposal. Birth is not a gift that cannot be exchanged : people are born male or female ”.

The law was also explained by the Minister of Justice, Judit Varga.

Today the Government’s proposal to reform the Basic Law was presented, which will allow our country, our families, …

Posted by Judit Varga – Tuesday, November 10, 2020

Reading the text of the amendment, it seems that this part of the text, which will provoke a lot of debate, may be in vain and everyone can show what they think about ideologies, while also becoming part of the constitutional amendment that affects a lot of public money.

There is a point in the amendment:

“The establishment, operation and extinction of a public interest trust foundation that performs a public function, as well as the performance of its public function, are regulated by a cardinal law.”

Immediately after this is:

“The public money is the income, the expense and the right of the state”.

That is, the constitutional reform obliges the parliament to enact a law on public interest trusts, which could then receive public money, thus losing the character of public money, since it is no longer owned by the State, but by the foundation. And since this would be recorded in a two-thirds law, it could not be abolished with a simple change of government.

The state of war as part of the special legal order

When amending the Basic Law, the government, as part of the “special legal order”, independently lists the state of war (in addition to the state of emergency and state of emergency), this is a new element. Parliament can declare a state of war due, among other things, to a state of war, an external armed attack or a federal obligation, which requires a two-thirds majority. In this case, any adult can be called up for military service. Until now, the Basic Law has made it possible, only in times of “extraordinary legal order”.

The government would simplify the list so that instead of the six above, the three categories mentioned above are listed separately as part of the special legal order.

The paragraphs of the amendment to the Basic Law would come into force with different effect, the change regarding the state of war and the special legal order, for example, only in 2023. The government does not provide any explanation for this slippage. The truth is that Fidesz still has two-thirds at the moment, and in 2022 there will be parliamentary elections. It is also possible for Fidesz to insure itself in the event of a two-thirds failure.


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