Hungary’s Constitutional Showdown: PM Magyar Moves to Oust President Sulyok

The Hungarian parliament amended the constitution on Monday to remove President Tamás Sulyok, advancing Prime Minister Péter Magyar’s self-styled “purgatorium” aimed at dismantling the political legacy of his predecessor, Viktor Orbán.

The move represents the first major political test for Magyar’s Tisza Party, which swept to power in a landslide victory in April’s election. While the president’s removal enjoys significant public backing, legal experts warn the process carries substantial constitutional risks.

Why is Hungary Targeting President Sulyok?

Magyar, buoyed by his April election triumph, has repeatedly demanded Sulyok’s resignation, branding him a puppet of Orbán. The prime minister’s stated objective extends beyond a simple change of government to a fundamental regime change. He has declared the 70-year-old president unfit for office, citing his failure to challenge Orbán’s divisive rhetoric and alleged attacks on the rule of law.

Central to Magyar’s argument is Sulyok’s alleged inaction regarding the reported targeting of opposition activists and politicians by secret services during the election campaign. “He should have defended constitutionality when one of its most important foundations was at risk,” Magyar stated. “The rule is that the secret service protects the Hungarian state and can never become the private army of the ruling party.”

Legal expert Tamás Lattmann noted that the ruling coalition is also wary of the president’s pardon power. “If they want to initiate criminal proceedings against key figures from the previous government, there is a risk the president could pardon those people and prevent impeachment,” he explained.

Has the President Responded?

Sulyok has flatly refused to step down. He contends that parliament lacks the grounds to truncate his mandate, warning that the maneuver could plunge Hungary into a constitutional crisis. He characterized Magyar’s initiative as a threat to democracy.

“The question is whether this force will sweep away internationally recognised and accepted principles of the rule of law, as well as genuine representative democracy,” Sulyok said in a statement on Sunday.

What is Fidesz’s Position?

Orbán’s Fidesz party, which originally appointed Sulyok, has denounced the removal attempt as a step toward “tyranny” and organized protests against it. Orbán himself has called on Hungarians to resist what he terms a “forced” ousting, though his influence has waned following his party’s electoral defeat.

“If the president is forcibly removed from office, Hungary has the right to resist. And we will,” Orbán posted on social media.

What is the Process for Removing Him?

Following Monday’s constitutional amendment, Sulyok has five days to sign the legislation. If he complies, the amendment takes effect and he loses his office. Should he refuse, parliament intends to launch impeachment proceedings, arguing he has failed his constitutional duties, and petition the Constitutional Court to revoke his mandate—a strategy Lattmann describes as risky.

“The Constitutional Court may determine that Tamás Sulyok did indeed violate the constitution by refusing to sign the amendment, but that the breach is not serious enough to justify his removal,” Lattmann said. “In that case, the court could leave Sulyok in office, despite finding that he acted unconstitutionally. Since the court still has a Fidesz-appointed majority, that is a realistic possibility.”

Lattmann also questioned the plan to temporarily install the parliamentary speaker as acting president, noting Hungarian law permits this only when the president is incapacitated. He argued that refusing to sign legislation does not automatically render the president unable to perform his duties, potentially raising further constitutional questions.

Is the Move Legal?

The governing Tisza Party asserts that removing the president was a core election pledge endorsed by a majority of voters. Magyar campaigned explicitly on removing key officials appointed under Orbán, and a May poll by the 21 Research Centre indicated 67% of Hungarian voters support Sulyok’s removal.

“Tamás Sulyok has become a symbol of the Orbán regime, so he is a completely legitimate target for the prime minister,” Lattmann said.

Sulyok, however, insists there are no constitutional grounds for his dismissal and argues that the separation of powers must be respected. “I have no reason to resign; there is no constitutional basis for my removal,” he said last week, adding that the amendment targets a single individual and therefore undermines the rule of law.

What is Brussels Saying?

The European Commission says it is monitoring developments surrounding the constitutional amendment. In June, EU Justice Commissioner Michael McGrath suggested such personnel changes could be legitimate following a seismic political shift. “It is inevitable when you have such a seismic change in the political landscape of a country that there will be changes in personnel,” McGrath said.

Meanwhile, nearly 50 MEPs have urged the European Commission to address the issue urgently. Sulyok has requested an opinion from the Venice Commission, the Council of Europe’s advisory body on constitutional matters. The Commission’s delegation visited Hungary in June, with experts slated to discuss the matter in October.

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