On 13 July 2026, the Hungarian Parliament adopted the seventeenth amendment to the Hungarian constitution, which entered into force on 19 July 2026. The amendment forms part of wider legal reform to restore the conditions for constitutional democracy and the rule of law, while laying the groundwork for the preparation of an entirely new constitution through broad social and professional consultation.
The following article summarises the major changes.
Transitional reform – new constitution on the horizon
The amendment is expressly transitional character. The government has presented the proposal as an interim measure to address the most pressing institutional issues ahead of a broader constitution-drafting process, which is expected to commence in autumn 2026.
It remains to be seen which proposed change will be temporary and which will become permanent features of Hungary’s constitutional order since more comprehensive constitutional reform is expected to follow in the near future.
Removal of the President of the Republic
The amendment has terminated the mandate of the incumbent President of the Republic, Tamás Sulyok, with immediate effect.
A new president will be elected by Parliament for the transitional period until the entry into force of a new constitution, subject to a maximum term of five years.
Changes concerning the Constitutional Court
The amendment has introduced significant structural changes to the Constitutional Court:
- Mandatory retirement age and termination of mandates: A mandatory retirement age of 70 years has been reintroduced, reinstating a threshold that was in force until 2013. Under the transitional provisions, the mandates of sitting justices who have already reached this age will terminate on 1 September 2026. This will result in the departure of four of the 15 current justices, including the President of the Constitutional Court, Péter Polt. Their successors are expected to be elected by Parliament under the existing appointment rules.
- Extended institutional autonomy: The President of the Constitutional Court will be elected by the justices for a three-year term with the possibility of re-election, replacing the current system under which parliament elects the President. In addition, the term of office of Constitutional Court justices will be reduced from 12 to nine years.
- Restoration of review powers: The amendment has repealed the restrictions previously limiting the Constitutional Court’s jurisdiction to review budgetary and tax legislation while public debt exceeds 50% of GDP. The Constitutional Court is once again entitled to exercise full constitutional review in these areas.
Changes to the judiciary
The amendment has changed the way the leadership of Hungary’s two central judicial bodies is chosen.
Under the new rules, the President of the National Office for the Judiciary (NOJ), the central organ of judicial self-government, will be elected through a three-tier procedure:
- First, the judiciary itself puts forward up to three candidates under rules laid down in a cardinal act;
- The President of the Republic proposes one of those candidates to be elected by parliament; and
- Finally, parliament confirms the appointment by a two-thirds vote for a nine-year term.
An identical procedure will govern the appointment of the President of the Curia (Hungary’s supreme court).
A particularly notable innovation is that both the President of the NOJ and the President of the Curia will be removable through a judge-initiated procedure for recall regulated by cardinal legislation, which represents a substantial step toward judicial self-governance. The National Judicial Council continues to oversee the central administration of the court system.
Term limits for MPs
The amendment has introduced a new eligibility requirement for Members of Parliament (MPs). Individuals who have served as MPs for a cumulative period of at least 12 years, or who have been elected to Parliament on three occasions, will no longer be eligible to stand for election.
The restriction applies exclusively to national MPs and does not extend to local government representatives, mayors or Members of the European Parliament. Existing mandates remain unaffected, and the new rule will only take effect from the next parliamentary elections.
National Asset Recovery and Protection Office
The amendment also enshrines the National Asset Recovery and Protection Office (NVVH) as an independent constitutional body to protect public assets and recover unlawfully used public funds. The establishment of the NVVH should dispel doubts about the use of public assets in Hungary and restore public confidence in the transparency of the management of public assets.
The NVVH is characterised as an independent body, acting as public prosecutor to enforce the state’s criminal law claims within the NVVH’s jurisdiction. Its constitutional mandate includes exercising rights in connection with criminal investigations, representing the prosecution in court proceedings, and carrying out asset recovery and protection tasks.
The NVVH’s President and Vice-Presidents will be elected by a two-thirds parliamentary majority for six-year terms. All staff members are prohibited from party membership or political activity. The detailed organisational rules are reserved for a cardinal act. (For more details, see our previous article here).
Elevating the NVVH to constitutional rank means that the body’s existence and core mandate can only be altered through a constitutional amendment, which provides businesses and investors with a degree of certainty that the NVVH and the enforcement framework around it will remain a permanent feature of the Hungarian legal landscape.
Further notable changes
- Fiscal Council veto powers over central budget abolished: The amendment has abolished the veto powers of the Fiscal Council, a three-member body tasked with assessing the sustainability of central budgets. Under the previous constitutional framework, parliament could adopt the annual central budget only with the Council’s approval. Such approval could be withheld where the proposed budget would have resulted in public debt exceeding 50% of GDP or would have increased the level of public debt while it already exceeded that threshold.
- Significant reduction in the scope of cardinal laws: The amendment has substantially reduced the number of subject matters requiring regulation through cardinal laws, which require a two-thirds parliamentary majority for adoption and amendment. This will broaden the scope for legislation to be enacted by a simple parliamentary majority. As a result, several areas previously subject to cardinal legislation can in future be regulated through ordinary acts of Parliament, including:
- the fundamental rules of the pension system;
- certain operational matters of the Hungarian National Bank and the State Audit Office;
- the institutional framework governing freedom of information.
It is worth noting that, in contrast to the government’s original proposal, the final amendment does not alter the constitutional status of autonomous regulatory bodies, which retain their existing power to issue decrees having the force of law. The issue is expected to be revisited as part of the broader constitutional reform anticipated in the future.
Key insights
While many of these reforms concern the structure and operation of state institutions, they have the following important implications for Hungary’s regulatory and legislative environment:
- The reduction in the number of matters requiring a two-thirds parliamentary majority and the abolition of certain institutional veto mechanisms could enable legislative change in a range of policy areas, even in potential future scenarios where there is no two-thirds majority in Parliament;
- The judicial reforms point toward a judiciary with stronger institutional safeguards and self-governance, which could enhance the consistency and perceived neutrality of outcomes in commercial and administrative disputes over time;
- Elevating the NVVH to the constitutional level signals the body will be an important tool for overseeing public funds, combating misuse of public funds and will replace the general prosecution service in cases within its jurisdiction.
Given the expressly transitional nature of the amendment, businesses should closely monitor the constitution-drafting process since further significant institutional, regulatory and governance-related reforms may follow over the coming months and years.
For more information on these changes and how they could impact your business operations in Hungary, contact your CMS client partner or the CMS experts who contributed to this article.
Hungary’s legal, tax and regulatory landscape is evolving rapidly following the change of government. Stay informed with timely updates and expert analysis from our dedicated hub, Hungary Forward: Hungary Forward | CMS Hungary
The article was co-authored by Lilla Vereska, Lili Kovács and Gábor Ratkovics.
