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As previously reported, Viktor Orbán met with the director of the National Theater, Attila Vidnyánszky, at the National Council of Culture on October 26, who turned out to have tested positive for coronavirus on October 27.
We analyze what the legislation says when a public dignity (the President of the Republic, the Prime Minister or the Speaker of Parliament) needs to be replaced temporarily.
Right hands legally given
Love to Prime Minister your alternate in accordance with 1/2018. (V. 22.) Decree ME. According to this, Zsolt Semjén, a minister without portfolio, has the right to replace the Prime Minister in the first place. They are followed by Sándor Pintér, deputy prime minister responsible for national security, and Mihály Varga, deputy prime minister responsible for economic policy.
1144/2010 on the Government Regulation. (VII. 7.) also clarifies that the government meeting is chaired by the Deputy Prime Minister in case of impediment of the Prime Minister, who exercises all the powers that the government decision refers to the Prime Minister’s competence.
A Republic President CX of 2011 on the legal status and remuneration of under the law
The President of the Republic may stay away from the continuous administration of the affairs of the State as long as the nature of the affairs and their timely arrangement allow it; this time may not exceed forty business days per year.
It follows that if the absence is “permitted by the nature and timely development of the cases,” there is no need for substitution under the law. However, this absence cannot exceed forty working days a year, which in practice means the leave of the Head of State. If the absence exceeds this period or if the nature and timely handling of the cases do not allow it,
The fact of temporary obstruction and the need for replacement can be considered, but in this case it must be decided by the National Assembly.
The Basic Law establishes that in the event of temporary impediment of the President of the Republic, until the impediment ceases or the term of the President of the Republic expires, the functions and powers of the President of the Republic shall be exercised by the Speaker.
But it may even be necessary for Parliament
Vice President of the Republic president of the house the appointment of a vice president to act
Parliament must decide without delay
because the President of the National Assembly cannot exercise the powers of President of the Chamber and Head of State at the same time. The Basic Law establishes:
At the time of the replacement of the President of the Republic, the President of the National Assembly may not exercise the rights of the deputies to Parliament, but the functions of President of the National Assembly will be performed by the Vice President designated by the National Assembly.
Parliament currently has six Vice-Presidents: Csaba Hende (Fidesz), Parliament’s Vice-President for Legislation, István Hiller (MSZP), István Jakab (Fidesz), János Latorcai (KDNP), Sándor Lezsák (Fidesz) and Koloman Brenner (Jobbik) .
In short, therefore, under the law
- János Áder László Kövér,
- Viktor Orbán Zsolt Semjén,
- while László Kövér would be replaced by one of the six vice-presidents of Parliament,
if any of them lie down for a while due to the virus.
(Cover image: Prime Minister Viktor Orbán (right) and Zsolt Semjén, Deputy Prime Minister responsible for national policy in the plenary session of Parliament on March 10, 2020. Photo: Szilárd Koszticsák / MTI)
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