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Parliament amended the Fundamental Law on Tuesday, as part of which it supplemented the rules relating to special legal order with the category of state of terrorism threat.

The sixth amendment to the new Constitution which entered into force in 2012 was adopted with 153 yes votes, 13 no votes and 1 abstention in response to the proposal of Members of Parliament for Fidesz and KDNP. In addition to the government parties, Jobbik supported the proposal, LMP and the independent Members of Parliament voted against the bill, and the single abstention also came from an independent MP. Members of Parliament for MSZP did not take part in the vote.

According to the new Article in the Fundamental Law, Parliament may declare a state of terrorism threat for a fixed term at the Government’s initiative in the event of the significant and direct threat of a terrorist attack or in the event of an actual terrorist attack, and Parliament may simultaneously authorise the Cabinet to introduce extraordinary measures.

The declaration of a state of terrorism threat and the extension of the term thereof are subject to the votes of two thirds of the attending Members of Parliament.

During the term of a state of terrorism threat, the Government may pass decrees by virtue of which it may suspend the application of certain laws, may depart from effective statutory regulations and may adopt other extraordinary measures as defined in the relevant cardinal law.

The Government may, however, adopt regulatory measures based on a decree already after the proposed declaration of a state of terrorism threat which depart from the laws concerning the organisation, operation and activities of public administration, the Hungarian Defence Forces, the law enforcement agencies and the national security services in accordance with the provisions of the relevant cardinal legislation. The President of the Republic and the competent parliamentary committees must be regularly updated on these measures. The measures so introduced remain in force until Parliament’s decision to declare a state of terrorism threat, but for maximum 15 days.

The defence forces can be deployed if the deployment of the police and the national security services proves to be insufficient.

The Government’s decree ceases to have effect upon the termination of the state of terrorism threat.

The amendment to the Fundamental Law will enter into force on the first day of the month following its promulgation.

In the reasoning of the proposed amendment to the Fundamental Law, the government-party Members of Parliament pointed out: new types of security challenges have emerged in the world which cannot be effectively, and in observance of the criteria of necessity and proportionality, handled with the former special legal order measures which are available in response to „conventional inter-state threats”.

The new scenario, the state of terrorism threat, is the internal security equivalent of the state of preventive defence, but it opens up more restricted authorisations at the level of the defence legislation, and permits the deployment of the Hungarian Defence Forces if the forces of the police and the national security services prove to be insufficient, the detailed reasoning reads, which adds: for the purposes of the construction of a terrorist attack, the factual scenario of an act of terrorism as defined in the Penal Code governs.

The House has also altered several other laws in conjunction with the amendment of the Fundamental Law. The legislative package containing these amendments – which was also subject to a two-third majority – was passed with 152 yes votes, 42 no votes and 1 abstention. In consequence, the category of the state of terrorism threat was also incorporated into the laws on the police, the national security services and the defence forces. The latter was amended to the effect that in the event of their „deployment” – i.e. if the defence forces take part in measures given in response to acts of violence – the defence forces fulfil their duties with the right to carry arms during a state of emergency and a state of terrorism threat.

The amendment to the defence legislation also lays down in detail the measures which the Government may introduce after the initiation of the declaration of a state of terrorism threat. These include, for instance, traffic restrictions, population evacuation, the imposition of curfews and the possible prohibition of events in public spaces and of public meetings.

Additionally, the Cabinet may order overtime work, may hire additional work force in public administration, defence administration and in the defence forces, may render border controls more stringent, and may tighten the surveillance of the use of the Internet and the postal services regarding letter and parcel consignments.

The Government may, to the degree necessary, introduce military air traffic control, and may deploy the defence forces as well as the forces and equipment of the law enforcement agencies for the protection of critical infrastructure which is crucial to the defence of the country.

Once Parliament has declared a state of terrorism threat, these measures may be supplemented with extraordinary measures in the field of defence administration, as well as with restrictions such as travel to, through or from specified parts of the country is only allowed with permission.