Introduction

AuthorLídia Hermina Balogh
Pages5-8
5
1 Introduction
1.1 Basic structure of the national legal system
The Hungarian legal system is a continental legal system following primarily German legal
traditions. It is governed by a strict statutory hierarchy, in which lower level statutes must
never contradict higher ranking statutes.
The most important principles are laid down by the Constitution (the Fundamental Law of
Hungary). Constitutional rules are expounded by laws, while detailed regulation is provided
by government and ministerial decrees.
The ruling Fidesz-KDNP right-wing coalition (Fidesz Magyar P olgári Szövetség
Kereszténydemokrata Néppárt; Fidesz Hungarian Civic Alliance Christian Democratic
People’s Party) has structurally reorganised the Hungarian state and fundamentally
modified the Hungarian legal system since 2010. The previous constitution was also
replaced on 25 April 2011 with a new Fundamental Law1 by the representatives of the
ruling coalition, which gained a two-thirds majority in the Parliament.2 The Fundamental
Law has been amended seven times by the same coalition following its adoption in order
to address domestic political problems through legislation; however, none of the
amendments related to gender equality issues. From a gender perspective, the most
important feature is that the fifth amendment did not alter the notion of the family, which
was introduced by the fourth amendment of the Fundamental Law. This established that
a family is based on a marriage between a man and a woman, thereby excluding
heterosexual cohabiting couples, same-sex couples and single parents.
While internat ional hum an righ ts treati es are integrated into the domestic legal system
through their promulgation in the form of acts of the Parliament, courts as a rul e refuse
to apply these norms directly. They are at times applied as points of reference if concurring
interpretation of domestic law is possible.
Gender equality is guaranteed by the Fundamental Law.3 The framework rules on equal
treatment are regulated by the Equal Treatment Act (Act CXXV of 2003, on Equal
Treatment and Promotion of Equal Opportunities),4 which contains an open -ended list of
protected grounds (19 characteristics an d the 20th element: ‘any other situation,
attribution or condition of a person or group’). The basic concepts of the Equ al Treatment
Act are to be applied throughout the entire legal system.
Claims arising from gender equality cases may be adjudicated by the Equal Treatment
Authority and/or by the civil and labour courts, depending upon the merits of the case and
the aims of the claimant.5 As the most dissuasive sanction that the Equal Treatment
Authority can apply is a public fine, a claimant who seeks financial compensation or
reinstatement in their original job must proceed through the court system.
1 Fundamental Law of Hungary (Magyarország Alaptörvénye), 25 April 2011. An unofficial English translation
of the current version, as in force on 1 January 2019, published by the Ministry of Justice, is available at:
https://www.kormany.hu/download/f/3e/61000/TheFundamentalLawofHungary_20180629_FIN.pdf.
2 See the overview in English (‘Voting: Decisions requiring a qualified majority’), published on the website of
the Hungarian National Assembly, available at: https://www.parlament.hu/web/house-of-the-national-
assembly/laws-requiring-a-two-thirds-qualified-majority.
3 Fundamental Law of Hungary (Magyarország Alaptörvénye), 25 April 2011, Article 15(2)-(3).
4 Act CXXV of 2003 on Equal Treatment and the Promotion of the Equality of Opportunities (2003. évi CXXV.
törvény az egyenl bánásmódról és az esélyegyenlség elmozdításáról), 28 December 2003.
5 Note: during the reorganisation of the judiciary, which took place in 2011, the labour courts had been
integrated with the administrative courts.

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