State of extreme danger in Hungary

May 5, 2020

The issue of the extreme danger is regulated by the Fundamental Law of Hungary (https://en.wikisource.org/wiki/Fundamental_Law_of_Hungary) in the section on the special legal order. Article 53 of the Fundamental Law of Hungary empowers the Government to declare a state of extreme danger and to take emergency measures in the event of an elemental disaster or industrial accident endangering the safety of life and property and to remedy their consequences.

The most important legal effect of the extreme danger is that the Government may, in this regard, issue decrees suspending the application of laws passed by the Parliament, thus temporarily deviating from the laws above the decrees in the hierarchy of laws, which would not otherwise be contrary to government decrees.

Given the need for rapid action in the current epidemiological situation, the Government can exercise this power in a shorter period of time to take binding measures to prevent the spread of the virus epidemic and to regulate social conditions in order to minimize the economic downturn while protecting human health as much as possible.

As a general rule, government decrees issued during a state of extreme danger remain in force for 15 days after promulgation, however, the effect of these decrees may be extended with the authorization of the Parliament. Simultaneously with the cessation of the extreme danger, the government decrees issued during it are automatically repealed, unless otherwise provided.

Please note that the above is for general information only, legal advice on individual cases can only be given in the context of an individual consultation, taking into account all the circumstances of the case.