Presidential powers in Hungary: convention, tradition, and informal constitutional change

The republican president had originally no tradition in Hungary. There were only two years between the end of the Second World War until which Hungary was a monarchy and the beginning of a communist dictatorship. These two years were less than needed to gain relevant experience with the presidency. The transitory constitution of 1989 was not clear about the proper role the President was assumed to play in the constitutional system of Hungary. Some of its provisions even resembled presidential or semi-presidential systems. Some of these ambiguities were clarified during the first two decades after the transition. To some extent, conventions were established, sometimes very quickly. This period gave rise to guidelines on how the powers of the President should be exercised. This was especially true for proposing a candidate for the post of Prime Minister. Some other powers were concretized and interpreted foremost by the Constitutional Court. All these cases were so-called abstract interpretations of the constitution, which have never adjudicated concrete cases, but the interpretation has always been necessary to solve a particular constitutional conflict. These conventions and judicial interpretations formed the character of the presidency to the extent of informal constitutional change. Some of these elements have even been incorporated into the text of the new Fundamental Law of Hungary. The present contribution will point out how the originally broad competencies have been narrowed in the practice, and what role was played by the constitutional court and the political actors in this process. Special attention will be paid to how the President proposes candidates for the position of the Prime Minister, and candidates for other positions, how the President presents honors and awards, and how he makes use of his veto power.