Next Week, Hungarian Parliament to Vote on Bill Increasing Vulnerability of Military Personnel
The Chief of General Staff could regulate matters previously within the purview of the Minister of Defence.
In the future, the Chief of General Staff may also regulate important issues, despite lacking legislative authority.
A modification to the Fundamental Law, adopted at the end of 2023, has already made it possible as per the text effective from July 1 this year for the government to issue a decree about the legal status of the professional members of the Hungarian Defence Forces, including their fundamental rights and obligations. The Minister of Defence may be further authorized by the government to establish detailed rules. Based on this, the government has submitted the bill, which the National Assembly will vote on next week. The bill, if passed, will override the existing law on the legal status of military personnel and transition from legislation to a lower-level legal norm, a government decree, which is easier to amend.
According to the portal, the Legislative Committee of the National Assembly adopted an amendment to this bill before the vote next week, taking the possibility of regulation down a further level. Henceforth, the Chief of General Staff could regulate through directives:
- the manner of wearing the uniform, military ranks and branch insignia, yearly marks, decorations, and service badges,
- a uniform code that reflects the military discipline and posture for the soldiers and their units,
- the types of physical activities necessary for determining fitness and the rules for their execution,
- and anything else not covered by higher regulations.
These matters were previously under the jurisdiction of the Minister of Defence but will now move a level down.
A directive is not legislation, and the Chief of General Staff cannot legislate, as they are not the head of an independent regulatory body. Therefore, the legislative law will be amended to allow "the Chief of the Defence Staff to issue normative instructions in a legislatively defined subject matter, which are binding on the military personnel."