Hungary amends constitutional and statutory provisions on the right of assembly

Hungary's parliament has passed the 15th amendment to the Constitution, making it possible to ban assemblies and demonstrating for LGBTQ rights and recognition, such as Pride.

This ban was supported with the recent passage of Act III of 2025, which amended Act LV of 2018 on the Right of Assembly (“Amendment”).

According to the government, the change to the Constitution and the Amendment to Act LV 2018 was done to enhance the protection of children by prohibiting the holding of assemblies that violate the provisions set out in child protection legislation (see this previous Law-Now article here: Hungary expands scope of child protection measures). 

Prohibition of certain assemblies

The Amendment introduces new legal grounds on which authorities may prohibit public gatherings, including those seen as violating Hungary’s child protection laws.

Under the revised legal framework, assemblies may be prohibited if they are deemed to infringe provisions of Act 1997 of XXXI on the Protection of Children and Guardianship Administration. This law prohibits exposing minors to the following:

• pornographic or or any content that depicts sexuality in a gratuitous manner; or
• content that “promotes, portrays, or encourages deviation from self-identity corresponding to one's sex at birth, gender reassignment, or homosexuality”.

The recent changes establish that children’s rights to moral, physical and spiritual development, as defined above, take precedence over all other rights, including the right to peacefully assemble, except the right to life. 

Authorities are now empowered to ban such gatherings outright and are required to do so if there is reasonable information indicating non-compliance.

Misdemeanour classification and enforcement

The Amendment also introduces new sanctions for non-compliance. Individuals who proceed with organising or attending a prohibited assembly, particularly after being notified by authorities, may now face misdemeanour charges. The Amendment classifies such conduct as a misdemeanour. A financial penalty may be imposed on the offender, which is to be enforced as a public debt.

Expanded use of facial recognition

The Amendment allows authorities to use facial recognition tools to identify people who commit misdemeanours (e.g attend prohibited events). Previously, facial recognition technology could only be used in connection with misdemeanours punishable by detention. Under the current Amendment, however, the phrase “punishable by misdemeanour detention” has been repealed, thereby expanding the applicability of facial recognition to all misdemeanour cases.

For more information on Hungarian constitutional law, contact your CMS client partner or these CMS experts.

The article was co-authored by Daniella Huszár.