Speech by Tamás Sulyok, President of Hungary in the Parliament
Honourable Speaker of the House,
Honourable Prime Minister,
Dear Members of the Parliament,
Dear Invited Guests,
As President of the Constitutional Court, I have been nominated for the office of Head of State, and I thank everyone involved. The fact that I stand here before this House as President-elect of Hungary, but even as President of the Constitutional Court, somewhat defines, or if you like, limits my options.
I believe it would be neither elegant nor appropriate for me to make an otherwise usual and appropriate political speech in Parliament. However, if you will allow me a personal comment, this prohibition is perfectly in keeping with my personal spiritual make-up and my life's journey about covering the entire legal profession, from the freest of advocacy to the noblest of constitutional law. It was rewarding to work both at the strongholds and castles of Hungarian legislation. I learnt a love and respect for the law from my father and two brothers much older than me, and I think my two children must have done the same, as they both chose the legal profession.
My love and respect for the law has been and continues to be a hallmark of my professional and human relationships alike; in the words of Ulpian: "Honeste vivere, alterum non laedere, suum cinque tribuere - To live honourably, not to injure another, to give each his due."
My mother was not a lawyer; my wife is not a lawyer either, so it was – and still is – ensured that the family avoided the horror of having only legal specialists. I thank my parents, who are now cheering me on from over there, for the love they surrounded me, their last child, with and which I still draw on today. But I also thank them for the education they gave me and for trying to make me a Hungarian and a Christian despite all the difficulties of the time. I am grateful to my wife, Zsuzsanna, who has been by my side for fifty years, tolerating, loving, and supporting me. Without her, I wouldn't be who I am.
I thank our children and grandchildren for giving us their unconditional love. They are the ultimate meaning of my life.
Dear Members of the House, Ladies and Gentlemen,
The basic idea of law in modern society is to ensure human freedom and equality of rights by limiting the state and all similar entities to a set of predictable guarantee arrangements with legal consequences.
For me, all power can only be understood within the framework of law. Law, I am convinced, carries values, and consequently, its central function is the fair balancing of competing values. The fundamental values of law in modern societies are defined by constitutional law, the constitution being the primary legal document in which the values of the vast majority of society are embodied. Values defined by law differ from political or moral values precisely in that the former are legally defined and have an accurately defined content, whereas, in the case of the latter, the actual content of the value itself may be subject to debate.
We can see how the concept of the rule of law, correctly defined from a legal aspect, is being lost and transformed from an ideal into an idol in the current political approach of pure utilitarianism in Europe.
For me, political approaches were mainly perceptible when and insofar as they could be interpreted within the legal framework defined by public law. So basically, and primarily, I could and still can perceive problems of public law and constitutional law from the great system that we use the word politics to describe. Let me mention here the culture of debate in the Constitutional Court, which I believe is exemplary since it is conducted in a strictly formal manner, in accordance with tradition, thus eliminating being personal and ensuring that the debate is a dialogue, that all opinions are heard, and that the principle of collective wisdom guides the content of the decision.
Fundamental constitutional rights and values are in constant competition with each other, and the task of public justice is to balance values. I believe this is a beautiful and noble task but also a huge responsibility. It does not tolerate a culture of pointers, of arguing without respect for each other, because without respect as a moral minimum, not only would public adjudication be forced into an undignified role, but it would also become unviable.
I can promise that I will continue to work for a fair balance of fundamental constitutional rights and values from the seat of the President of Hungary. Trust has been the basis of my everyday life as a lawyer and constitutional judge. Mutual trust between individuals and social groups is also a prerequisite for the existence of our state and nation. Without trust and governance, the economy, business, and even friendships would collapse. Mutual trust, free from prejudice, is the basis of national unity.
As President of Hungary, I want to build trust through mutual listening and understanding, free from prejudice.
My being Hungarian is the fundamental form of exercise of my human existence. My mother tongue, culture, family, work - everything is connected to here. Hungarianness can only be understood with Europeanness. Our historic constitution, our Holy Crown, which embodies the nation's unity, only make sense in a European context. The struggle for public freedom that our ancestors fought for centuries for legal autonomy within the Habsburg Empire, or the unequal and gigantic struggle that the Hungarians waged against the Ottoman occupation in defence of Christian Europe, only make sense and achieve their goals in this wider European dimension.
A Hungarian is also a European. But the future of Europe depends not only on us but also on the other 26 Member States.
I want a Europe where values are more important than interests, where the work in the EU institutions is primarily legal rather than political.
I am convinced that there are no European values independent of the Member States but that a European value system can develop from the constitutional values of the Member States, which are common to all Member States. Thus, European values are rooted in the constitutions of the Member States, just as the Member States are the ultimate masters of shared competencies.
For me, national constitutional identity is essentially constitutional in its content, with legal, cultural and ideological aspects. Our ancestors' fears that we would dissolve into a melting pot of other peoples after the Trianon decision were perhaps never more realistic than today. Our identity is closely linked to the traditional social environment that has evolved in the Carpathian Basin over the past millennium, the preservation of which is a fundamental condition of our national existence.
The identity of the nationalities living with us is also integral to our national identity. I can also approach the question of state sovereignty and popular sovereignty through the lens of constitutions.
I have always been firmly of the view that sovereignty is conceptually indivisible. Therefore, the Member States of the European Union, including our country, do not transfer sovereignty to the Union but powers, not for their own sake, but because the joint exercise of these powers is more effective than if they were exercised by the Member States themselves.
I am also firmly convinced that there is currently no single European political nation; only the political nations of the Member States can be understood as state-building factors. This is, among other things, why the European Union is not a state, as the European Court of Justice already ruled in 2013. Our national constitutional identity and our statehood based on popular sovereignty are, for me, fundamental constitutional values.
According to the constitutional order of the Fundamental Law, both the Constitutional Court and the institution of the President of Hungary are outside the branches of state power and do not belong to any of these branches. I considered this exclusion a key issue, and I still do.
As President of Hungary, I intend to act as a lawyer within the framework and the powers defined by the Fundamental Law in accordance with the values and principles stipulated therein. I am in favour of ensuring the broadest possible transparency in certain areas of competence, such as honours and pardons.
People in difficulty, people who are in a difficult situation through no fault of their own or who are unable to care for themselves, the suffering, the elderly, the sick, and the lonely can always count on my attention and support.
With all my actions, I would like to express the unity that we Hungarians are a proud European people with a history of more than a thousand years, determined to assert our rights by all means, and that we are able to do this with conviction, emotion and humour. This will be hard to understand in Europe, just as it was not so well understood in the time of Ferenc Deák. During the Bach regime, a distinguished German asked Ferenc Deák: Do you think it is impossible for Hungary to become Germanized? "There is nothing impossible about it," said Deák. So why don't you surrender? Deák answered: Sir, if the doctor told you that you could live a little longer, but you could also die today, what would you do? Well, I would live as long as I can.
Well, as Hungarians, we try to live as long as we can.
Thank you for listening.