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Hungary
2014
LEOM
Parliamentary
elections
The authorities should develop and implement safeguards to ensure a clear separation between the State and party, so as to prevent candidates from unduly using the advantage of their office for electoral purposes.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Campaign
Hungary
2014
LEOM
Parliamentary
elections
Public media, including at the local level, should be subject to strict rules prohibiting government interference. Internal pluralism should be guaranteed and supervision could be provided by an independent body representing all relevant stakeholders.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2014
LEOM
Parliamentary
elections
In order to ensure effective legal redress, election commissions and courts should refrain from handling complaints formalistically and should give thorough and impartial consideration to these cases. Decisions should be made in a consistent manner and within their jurisdiction. In addition, consideration should be given to removing the requirement for legal representation in each case.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Hungary
2014
LEOM
Parliamentary
elections
The appointment mechanism for election commissions at all levels should enjoy broad political consensus, and the law could be amended to ensure this with the aim of enhancing impartiality and public confidence in the work of the election administration and in an inclusive process.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Administration
Hungary
2014
LEOM
Parliamentary
elections
The provision for “balanced coverage” should be overseen by a genuinely independent implementing body. It should act upon complaints or ex officio upon monitored violations in a timely manner. Remedies imposed by the body should not prevent the media from carrying out their activities or encourage self-censorship among journalists.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2014
LEOM
Parliamentary
elections
In light of the obligation to equal suffrage, legislation and procedures should provide the same methods for citizens abroad, be they residents or non-residents, to register and to cast their ballots.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
Hungary
2014
LEOM
Parliamentary
elections
The regulatory framework for campaign finance should be reviewed to take account of the gaps and ambiguities identified in this report, as well as by the Council of Europe’s Group of States against Corruption (GRECO). In particular, they could consider the possibility of introducing limits for private donations, establish dedicated bank accounts for electoral contestants, and ensure that requirements apply to all candidates and parties. Consideration could be given to consolidating all campaign finance legislation in a single law.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
Hungary
2014
LEOM
Parliamentary
elections
Legislation should foresee periodic review of constituency boundaries by an independent commission to account for population changes. When constituency boundaries are redefined, it should be done in a transparent, impartial and inclusive manner. Concrete constituency boundaries should not be enshrined in cardinal laws that require a two-thirds majority to amend and consideration should be given to introducing a formula that would allow flexibility in adjusting boundaries.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Electoral System
Hungary
2014
LEOM
Parliamentary
elections
Consideration could be given to introducing temporary special legislative measures to promote women candidates, including possibly introducing gender quotas for party lists that place women in winnable positions. Political parties could consider nominating a minimum number of candidates of each gender.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Participation of Women
Hungary
2014
LEOM
Parliamentary
elections
Authorities should ensure that special measures for national minority representation allow for competition between national minority candidates and meaningful participation of national minorities in parliamentary decision-making, while ensuring the secrecy of the vote. Genuine consultation with national minorities should be sought in this process.
Recommendation # in final report:
10
Type of recommendation:
Priority
Thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Participation of National Minorities
Hungary
2014
LEOM
Parliamentary
elections
The legal framework should be reviewed to address past and present OSCE/ODIHR recommendations and bring it closer in line with OSCE commitments and other international obligations for democratic elections. Legislative reforms should be undertaken well in advance of elections, through open and inclusive consultations between all election stakeholders.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Legal Framework
Hungary
2014
LEOM
Parliamentary
elections
Restrictions on voting rights for prisoners and ex-prisoners should be reviewed to ensure that any limitation is proportionate to the crime committed and clearly outlined in the law. Similarly, the courts’ current practice of depriving nearly all people convicted of a crime of their suffrage rights for a period longer than their prison sentence should be reviewed.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Legal Framework
Hungary
2014
LEOM
Parliamentary
elections
In line with international obligations, restrictions on the suffrage rights of persons with mental disabilities should be removed or be decided on a case by case basis, depending on specific circumstances.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Legal Framework
Hungary
2014
LEOM
Parliamentary
elections
As a permanent body responsible for the overall conduct of elections, the NEC should anticipate and address potentially unclear provisions in the law as early as possible in the electoral process.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Administration
Hungary
2014
LEOM
Parliamentary
elections
The election administration could consider conducting a broader voter education campaign, through diverse channels, especially when new elements of the electoral process are introduced. Specific efforts could be made to reach out to national minority voters.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Administration
Hungary
2014
LEOM
Parliamentary
elections
Legislation should be amended to ensure that data required to amend voter registration details are secure, unlike those that are collected on candidate signature sheets.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Voter Registration
Type of change required:
No longer valid
Status of implementation:
Not evaluated
Year of assessment:
2022
Final report heading:
Voter Registration
Hungary
2014
LEOM
Parliamentary
elections
Consideration should be given to introducing a mechanism for investigating complaints concerning entries in candidate signature sheets. Such a mechanism should be established inclusively, sufficiently in advance of elections and be communicated in due time to all stakeholders.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Candidate Registration
Hungary
2014
LEOM
Parliamentary
elections
The process of issuing fines for the late return or loss of candidate signature sheets should be reviewed, given that the return of such sheets does not necessarily protect the data contained in them.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Candidate Registration
Hungary
2014
LEOM
Parliamentary
elections
The authorities should issue clear and comprehensive guidelines on the use of public and private space for campaign purposes to ensure equal opportunity and sufficient access for all electoral contestants.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Sub-legal
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Campaign
Hungary
2014
LEOM
Parliamentary
elections
Consideration could be given to introducing interim reporting as well as shorter reporting deadlines, in line with international good practice.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
Hungary
2014
LEOM
Parliamentary
elections
The legal framework should be amended to have clear oversight and monitoring powers assigned to the State Audit Office. Timely oversight mechanisms for campaign finance violations during the campaign could also be provided.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
Hungary
2014
LEOM
Parliamentary
elections
Any campaigning by third-parties in the electoral process could be subject to campaign finance legislation.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
Hungary
2014
LEOM
Parliamentary
elections
State advertisement contracts should be procured transparently and be subject to audit by an independent body. Consideration could be given to allocating state advertising only to outlets that require full transparency of media ownership and compliance with an internal code of conduct and self-regulation.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2014
LEOM
Parliamentary
elections
Article 13 of the Freedom of the Press and the Fundamental Rules of Media Content Act should be amended in order to provide for a precise definition of what constitutes “balanced coverage” in broadcast news.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2014
LEOM
Parliamentary
elections
Criminal defamation provisions should be repealed in favour of civil sanctions designed to restore the reputation harmed. Sanctions should be strictly proportionate to the actual harm caused and the law should prioritize the use of non-pecuniary remedies.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2014
LEOM
Parliamentary
elections
In the current media environment, in order to foster equal opportunities for contestants, consideration could be given to amending the law to provide for both free and paid political advertising in broadcast media.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2014
LEOM
Parliamentary
elections
Provisions in the legal framework that can be used to provide for the broadcasting of government advertisements during an election campaign should be amended in order to prevent the governing party having an undue campaign advantage.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2014
LEOM
Parliamentary
elections
The election law should be amended to allow observation by citizen non-party observers of all stages of the electoral process, in accordance with OSCE commitments.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Citizen and International Observation
Hungary
2014
LEOM
Parliamentary
elections
The resolution of electoral disputes should be transparent in all jurisdictions, with the parties concerned able to attend public hearings.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Hungary
2014
LEOM
Parliamentary
elections
To enhance legal stability, the Supreme Court should oversee the interpretation of legislation and apply decisions consistently. In addition, the law should provide for enforcement mechanisms for Supreme Court decisions to ensure they are fully implemented.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Hungary
2014
LEOM
Parliamentary
elections
Law enforcement bodies should ensure that persons who commit election-related offenses are promptly brought to justice. Consideration should be given to ensuring that the Criminal Procedure Code also provides for timely investigation and adjudication of cases.
Recommendation # in final report:
31
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Hungary
2014
LEOM
Parliamentary
elections
Further measures to enhance women’s participation should be considered. This could include implementing existing national strategies to promote gender equality, as well as providing gender equality training for public officials and decision-makers.
Recommendation # in final report:
32
Type of recommendation:
Other
Thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Participation of Women
Hungary
2014
LEOM
Parliamentary
elections
Any requirements to implement special measures for national minority representation should be proportionate to the aim pursued and ensure that data protection and voluntary self-identification standards are fully respected.
Recommendation # in final report:
33
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Participation of National Minorities
Hungary
2014
LEOM
Parliamentary
elections
Consideration could be given to ensuring that polling stations handling absentee voting also comply with the legal limit of voters per regular polling station.
Recommendation # in final report:
34
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Day Procedures and Announcement of Results
Hungary
2014
LEOM
Parliamentary
elections
The authorities should consider measures to fully guarantee ballot secrecy. Consideration could be given to eliminating envelopes, so long as ballots are effectively folded for secrecy.
Recommendation # in final report:
35
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Day Procedures and Announcement of Results
Hungary
2014
LEOM
Parliamentary
elections
Consideration should be given to ensuring that ink and stamps on ballots are standardized to ensure clarity regarding their validity.
Recommendation # in final report:
36
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Sub-legal
Status of implementation:
Fully
Year of assessment:
2022
Final report heading:
Election Day Procedures and Announcement of Results
Hungary
2018
LEOM
Parliamentary
elections
All voters and electoral contestants should be provided with conditions that enable them to freely participate in public affairs. To provide a fully democratic basis for the conduct of elections, including by removing unreasonable hindrances on civil society, the government is encouraged to review the legal framework for compliance with international obligations and standards pertinent to the freedoms of expression and association, and access to information.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Legal Framework
Hungary
2018
LEOM
Parliamentary
elections
To enhance public trust in the NEC, the legal framework could provide public consultation for the selection of NEC nominees.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Administration
Hungary
2018
LEOM
Parliamentary
elections
In considering the obligation of equal suffrage, voting procedures should be the same for all citizens abroad.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
Hungary
2018
LEOM
Parliamentary
elections
To level the playing field, steps should be taken to separate government administration and party campaigning, including by adopting legislation that would define and explicitly prohibit the abuse of administrative resources in a campaign.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Environment
Hungary
2018
LEOM
Parliamentary
elections
To encourage transparency in campaign finance, prevent possible fraud and abuse of public funding, itemized reporting on income and expenditures for individual candidates and parties should be published by the SAO, including online and in a searchable format. The SAO could consider conducting a preliminary review of campaign financing and publishing its results before election day.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Campaign and Party Finance
Hungary
2018
LEOM
Parliamentary
elections
Safeguards for genuine independence of the public broadcaster should be considered to ensure editorial pluralism, which include an open and inclusive appointment of the management, and a transparent and sustainable financing system.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2018
LEOM
Parliamentary
elections
The Act on Election Procedures should be amended to allow observation by non-partisan citizen observers of all stages of the electoral process, in accordance with OSCE commitments.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Citizen and International Observers
Hungary
2018
LEOM
Parliamentary
elections
Rules and procedures for law-making, including election-related laws, should be revised with a view to ensuring opportunities for meaningful public consultation. The possibility for individual MPs to propose amendments that are not subject to public consultation should be reconsidered. Dedicated post-election reviews of legislation could be introduced as a means to remedy shortcomings identified by administrative bodies, civil society and international observers
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Legal Framework
Hungary
2018
LEOM
Parliamentary
elections
To ensure a common understanding of the regulatory framework, NEC guidelines should be developed well ahead of the elections.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Sub-legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Legal Framework
Hungary
2018
LEOM
Parliamentary
elections
To respect the principle of equal suffrage, constituency delimitation should be reviewed with the aim of bringing existing deviations in line with international good practice. A periodic review of constituency boundaries in a transparent, impartial and inclusive manner by an independent body should be considered.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Electoral System
Hungary
2018
LEOM
Parliamentary
elections
Consideration could be given to amending the legislation to ensure cross-party participation in the NEC in the period between the calling of new elections and the point at which all registered national lists have the opportunity for their appointed delegates to take up membership in the NEC.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Administration
Hungary
2018
LEOM
Parliamentary
elections
To increase perceptions of impartiality of lower-level election commissions, members should be selected through open and transparent recruitment, based on clear criteria.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Administration
Hungary
2018
LEOM
Parliamentary
elections
The election administration could supplement its general voter information with activities targeting marginalized groups that may be vulnerable to pressure or coercion.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Election Administration
Hungary
2018
LEOM
Parliamentary
elections
Restrictions on the voting rights of persons with mental, intellectual and psychosocial disability should be removed.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
Hungary
2018
LEOM
Parliamentary
elections
Consideration should be given to removing any distinctions in enfranchisement based on marital status as they constitute discrimination between citizens.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Voter Registration
Hungary
2018
LEOM
Parliamentary
elections
To enhance women’s political participation, consideration should be given to adopting affirmative measures to encourage the nomination of women candidates.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Participation of Women
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Candidate Registration
Hungary
2018
LEOM
Parliamentary
elections
Consideration could be given to reviewing legislative and practical measures aimed at achieving genuine participation of national minorities in elected politics. The review should be conducted with civil society and a broad range of minority representatives, taking into account recent experience as well as OSCE HCNM recommendations. Particular attention should be paid to the system of candidate nomination.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Candidate Registration
Hungary
2018
LEOM
Parliamentary
elections
To ensure a level playing field, the law should be amended whereby candidate registration is finalized prior to the start of the campaign period, which should start on the same day for all contestants.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Election Campaign
Hungary
2018
LEOM
Parliamentary
elections
To prevent individuals from attaining an undue degree of influence, consideration should be given to introducing limits on individual donations. Lists of donors could be published online in a timely and accessible manner.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
Hungary
2018
LEOM
Parliamentary
elections
To ensure equal opportunities, campaign finance legislation should incorporate provisions on third-party financing of election-related campaigns.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Campaign Finance
Hungary
2018
LEOM
Parliamentary
elections
Government advertisement contracts should follow a transparent procurement process, according to a clear set of criteria, in a manner that does not inhibit fair competition, and be subject to audit by an independent body. Government information activities should strictly avoid any appearance of seeking to influence voting.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2018
LEOM
Parliamentary
elections
The legislative framework and existing practices affecting the ability of media organizations and journalists to operate freely and professionally should be revised to conform with OSCE commitments and other international obligations, including with regard to the independence of media regulatory bodies.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2018
LEOM
Parliamentary
elections
Criminal defamation provisions should be repealed in favour of civil sanctions.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Media
Hungary
2018
LEOM
Parliamentary
elections
The law should be amended to ensure that complaints are reviewed by the election commissions and the courts in sessions that give the complainant and the defendant the right to be heard. Further, NEC procedures could provide all commission members greater opportunities to contribute to the formulation of draft decisions. The drafting process should be inclusive and open to the deliberation of alternative decisions.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Hungary
2018
LEOM
Parliamentary
elections
To enhance access to an effective remedy, concrete measures should be taken to aid election stakeholders in the filing of complaints and appeals. The NEC should further be empowered to consider an issue on the merits ex-officio when the complaint raises a valid point of concern, but would otherwise be rejected on formal grounds.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2022
Final report heading:
Complaints and Appeals
Hungary
2018
LEOM
Parliamentary
elections
To avoid long queues and overall delays in the process, polling stations handling absentee voting should operate in line with the legal limit of voters per regular polling station.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2022
Final report heading:
Voting, Counting and Tabulation
Hungary
2022
EOM
Parliamentary
elections
To ensure a coherent and sound electoral framework, the legislation should be reviewed to bring it further in line with OSCE commitments, international standards and good practice, well in advance of the next election period and on the basis of an inclusive and meaningful public consultation process.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Hungary
2022
EOM
Parliamentary
elections
To guarantee a level playing field, fair campaign and equality of opportunities, the legal and institutional framework should clearly prohibit the misuse of administrative resources, including the prohibition of state officials campaigning in their official capacity, and the barring of the initiation or announcement of new state spending during a pre-election period.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Hungary
2022
EOM
Parliamentary
elections
In order to provide a level playing field, consideration could be given to reducing the government advertising and banning the use of public-service advertisements by the national or local governments during campaign period. The placement of public-funded advertising should be based on predetermined, clear, equitable, objective and transparent criteria, and information on received public funding should be publicly available.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Media
Hungary
2022
EOM
Parliamentary
elections
The electoral dispute resolution framework should be reviewed and amended to guarantee that all voters have effective means to appeal against administrative decisions at any level of the election dispute resolution process.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Hungary
2022
EOM
Parliamentary
elections
Authorities should ensure, in a timely manner, access of the media to public information, events and documents and proactively put in the public domain information of public interest. The law should clearly define what information can be deemed as classified, restricting access only in limited and legally justifiable cases.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Hungary
2022
EOM
Parliamentary
elections
To ensure effective legal remedy, the adjudicating bodies should avoid handling complaints in an overly formalistic manner. The NEC should be explicitly empowered to consider an issue on the merits ex officio when the complaint raises a valid point of concern. Election commissions should ensure sufficient examination of the cases before a decision is taken and ground their rulings in sound and consistent reasoning.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Hungary
2022
EOM
Parliamentary
elections
Consideration should be given to amending the legislation to explicitly provide for observation of all stages of the electoral process by citizen observers, in line with OSCE commitments.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Observation
Hungary
2022
EOM
Parliamentary
elections
To guarantee the equality of the vote, the legal framework for delimitation of constituency boundaries should be brought in line with international standards and good practice. Current boundaries should be redefined in line with such revised law and by an independent body in a transparent and inclusive manner well in advance of the next elections.
Recommendation # in final report:
8
Type of recommendation:
Priority
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election and Referendum Systems
Hungary
2022
EOM
Parliamentary
elections
To ensure balanced coverage, the law should be amended to require public and private broadcast media to cover the election campaign fairly and impartially in information and current affairs programmes. Media should clearly distinguish between the campaign activities of candidates and activities of public officials and coverage of such events. Public television should be given financial and editorial independence, including from the MTVA.
Recommendation # in final report:
9
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Hungary
2022
EOM
Parliamentary
elections
To increase trust in the accuracy of the voter register and integrity of the election process, consideration could be given to regularly updating the data of voters residing abroad without domicile in Hungary.
Recommendation # in final report:
10
Type of recommendation:
Priority
Thematic area:
Voter Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Hungary
2022
EOM
Parliamentary
elections
To ensure equal suffrage, voter registration and voting procedures for out of country voters should be made uniform for all citizens abroad.
Recommendation # in final report:
11
Type of recommendation:
Priority
Thematic area:
Voter Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Hungary
2022
EOM
Parliamentary
elections
To provide a fully democratic basis for the conduct of elections and conditions that enable full and equal participation for all election stakeholders, parliament should review the broader legal framework for compliance with international obligations and standards pertinent to fundamental, rights and freedoms that underpin a democratic election, including on judicial independence.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Hungary
2022
EOM
Parliamentary
elections
Consideration could be given to reviewing the use of cardinal status for election law provisions. To enhance legal certainty and contribute to consistent application of the election legislation, the National Election Commission could be empowered to adopt binding regulations. In addition, the Supreme Court could consider exercising its power to issue key uniformity decisions with respect to the application of election-related legislation.
Recommendation # in final report:
13
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Hungary
2022
EOM
Parliamentary
elections
Consideration should be given to review the referendum law to enhance legal certainty and bring it in line with international good practice for the holding of democratic referendums, including guarantees of equal campaign opportunities for the proponents and opponents, a ban on the use of state resources, and the provision of objective or balanced information to voters on the referendum issues.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Legal Framework
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Legal Framework
Hungary
2022
EOM
Parliamentary
elections
To guarantee collegiality and transparency of the decision-making, consideration should be given to providing all commission members meaningful opportunities to contribute to the formulation of decisions. The decision-making process should be inclusive and open for deliberation of alternative proposals of all decisions.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Hungary
2022
EOM
Parliamentary
elections
Consideration should be given to amending the legislation to ensure cross-party participation in the NEC from the period of calling elections.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Administration
Hungary
2022
EOM
Parliamentary
elections
Restrictions of the voting rights of persons with mental and intellectual disabilities, as well as distinctions in voting rights based on marital status, should be removed. Restrictions on voting rights of convicts should be reviewed to ensure that any limitation is clearly defined in the law and proportionate to the gravity of the crime committed.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Voter Registration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Voter Registration
Hungary
2022
EOM
Parliamentary
elections
Consideration could be given to introducing temporary special measures to promote women candidates, including legislative gender quotas for party lists that place women in winnable positions and access to public funding. Additionally, political parties could consider voluntary ways to further increase gender balance on their party lists and internal party structures and strengthen their efforts to foster inclusivity.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Hungary
2022
EOM
Parliamentary
elections
Consideration should be given to providing effective remedy and measures to address issues related to the falsification of supporting signatures or the misuse of personal data during the process of candidate nomination.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Candidate Registration
Hungary
2022
EOM
Parliamentary
elections
To enhance public confidence in the electoral process and create a free and fair campaign environment, public officials and electoral contestants should refrain from exercising pressure on voters or public employees, and the relevant authorities should take prompt and effective steps to investigate allegations of intimidation, coercion and vote buying, as well as proactively work to deter such practices and educate voters on their rights and safeguards in place.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Campaign Environment
Hungary
2022
EOM
Parliamentary
elections
To enhance the transparency and oversight of campaign finance, the legislation should be further reviewed to address previously identified gaps and ODIHR and GRECO recommendations. In particular, transparency of campaign funding should be strengthened by the disclosure of campaign donations exceeding a certain amount, with disclosure requirements applicable to any entities participating in election or referendum campaigns. To provide for a more equitable playing field, campaign spending by third parties and by referendum campaigners should also be subject to limits.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Hungary
2022
EOM
Parliamentary
elections
To ensure compliance with spending limits and other campaign finance regulations, the oversight authority should have the requisite monitoring and investigative capacities and could also be empowered to deal with related complaints.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Campaign Finance
Hungary
2022
EOM
Parliamentary
elections
Further efforts should be undertaken by the authorities to ensure that measures for national minority representation promote meaningful participation of national minority representatives. Genuine consultation with national minorities should be sought in identifying effective measures.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Participation of National Minorities
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Participation of National Minorities
Hungary
2022
EOM
Parliamentary
elections
To stimulate media pluralism and diversity, measures to limit concentration of media should be considered, including enforcing existing legislation against media monopolies and dominant market positions.
Recommendation # in final report:
24
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Hungary
2022
EOM
Parliamentary
elections
In order to provide for an effective system of appeal, the National Media and Info-communications Authority could be vested with the authority to review media-related complaints and be given the power to act ex officio on identified violations in a timely manner. The existing media monitoring could benefit from detailed measurements of the coverage of contestants, including the tone of such coverage, and from regular and timely publication of monitoring reports during the campaign period.
Recommendation # in final report:
25
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Media
Hungary
2022
EOM
Parliamentary
elections
To provide for effective remedy on campaign finance violations, the law should clearly prescribe which body is responsible for handling such complaints.
Recommendation # in final report:
26
Type of recommendation:
Other
Thematic area:
Campaign Finance
Secondary thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Complaints and Appeals
Hungary
2022
EOM
Parliamentary
elections
To ensure secrecy of voting and to prevent group voting, the election administration should establish and implement effective procedural safeguards.
Recommendation # in final report:
27
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Day
Hungary
2022
EOM
Parliamentary
elections
To facilitate equal and independent participation of voters with physical disabilities, the election administration should continue implementing measures to improve accessibility of polling stations and to ensure that the layout of polling stations is adequate for the conduct of polling.
Recommendation # in final report:
28
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Participation of Persons with Disabilities
Type of change required:
Practice
Status of implementation:
Not evaluated
Final report heading:
Election Day
Hungary
2022
EOM
Parliamentary
elections
To increase transparency of the election process and to improve uniform implementation, tabulation procedures at the Local Election Offices should be better regulated. Consideration could be given to allow party observers to observe tabulation at the Local Election Offices.
Recommendation # in final report:
29
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Citizen and International Observation
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Final report heading:
Election Day
Hungary
2022
EOM
Parliamentary
elections
To ensure the integrity of the election results, the law should give authority to the appeal bodies to annul election results at any level, including the final results of single-mandate and the national proportional contests, if any kind of proven malfeasance might have affected the outcome. Reasonable timelines for submission and adjudication of such complaints should be established to allow for sufficient preparation and proper consideration.
Recommendation # in final report:
30
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Final report heading:
Election Day
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