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Hungarian President Returns Controversial Emergency Legislation to Parliament

President Sulyok Tamás raises concerns regarding the legal validity and procedural adherence of the proposed law on emergency powers.
Sulyok Tamás, the President of Hungary, has opted not to sign a new law that would elevate emergency regulations concerning national emergencies to a statutory level.

His decision was communicated through a letter sent to László Kövér, the Speaker of Parliament, in which he returned the proposed legislation for further consideration.

The legislation was previously presented by Deputy Prime Minister Zsolt Semjén and Justice Minister Bence Tuzson, and was approved by the Hungarian Parliament on May 20. The government invoked the ongoing conflict between Russia and Ukraine to declare a state of emergency throughout the country starting in November 2022, a status that has seen several extensions.

During this period, various decrees were enacted concerning issues that were previously governed by statutes.

The proposal from Tuzson and Semjén aimed to eliminate the legal duality created by governing through decrees, seeking to place emergency regulations on a legislative footing.

However, Sulyok found this problematic, citing concerns over the manner in which the bill was passed, as well as specific provisions contained within it, including an amendment to the Forest Act that he deemed legally unsound.

The President emphasized that procedural rules concerning the adoption of laws had not been adhered to.

In his letter to Kövér, Sulyok stated that the proposal's justification had diverged significantly from the original rationale, leading to substantial deviations between the initial justification and those provided for the amendments.

He pointed out that the proposer failed to submit the justification for the revised bill in accordance with legislative deadlines, which dictated that explanatory documents must be provided by the time the Parliament convenes for the relevant debate.

Specifically, Sulyok stated, "The proposer therefore unilaterally altered the justification for the law without the involvement of the National Assembly, resulting in a severe violation of the legislative rules.

This irregularity undermines the President's ability to assess the bill as articulated in Article 6 (4) of the Fundamental Law and could lead to significant legal uncertainties regarding its future application, particularly given the substantive inconsistencies between the original justification and the newly proposed rationale."

Sulyok also expressed specific concerns regarding the proposed modifications to the Forest Act which would facilitate clearcutting practices.

He noted that the justification submitted by the proposers for these amendments was fundamentally misaligned with the rationale provided in the decree, suggesting that this change could represent a regression in the protection status accorded to forests, including those recognized under Natura 2000 and other conservation categories.

In light of this statement, Sulyok remarked that the failure to adhere to procedural requirements in the justification of legislative proposals had been a recurring issue in recent years, but the severity of these violations in this instance was particularly noteworthy.

The decision by the President to send the legislation back has been welcomed by environmental advocacy groups.

The World Wildlife Fund (WWF) issued a statement expressing approval of Sulyok's decision, emphasizing that the President made a compelling case against the amendments that would compromise the protection of Hungarian forests, and urged the National Assembly to reconsider the proposed changes to the legislative measures.

The WWF highlighted the collective efforts of over 46,000 citizens and 165 civil organizations who supported a petition advocating for forest protection, framing the movement as a crucial step toward amplifying the discourse on ecological issues within the government.

The proposed amendments to the Forest Act and the surrounding debates continue to draw attention as various stakeholders seek to influence the future of environmental policy in Hungary.
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