Hungarian Law Strips SZTFH of Concession Powers: A Comprehensive Guide
Hungarian Law Strips SZTFH of Concession Powers: A Comprehensive Guide
Overview: A Major Shift in Hungary’s Regulatory Landscape
On 1 October 2026, a significant legal change took effect in Hungary: the Supervisory Authority for Regulated Activities (SZTFH) lost its powers related to concessions. This move, part of a broader government effort to restructure regulatory oversight, has immediate implications for gambling, tobacco, mining, and other concession-based industries. Below, we break down the law, its context, the reactions it has sparked, and what comes next.
Background: The SZTFH and Its Role
What Is the SZTFH?
The Supervisory Authority for Regulated Activities (Szabályozott Tevékenységek Felügyeleti Hatósága, or SZTFH) was established in 2021 under Hungary’s previous government. It is an autonomous regulatory body reporting directly to Parliament, with over 400 staff. Its remit covers:
- Gambling (including casinos and online casinos)
- The tobacco market
- Mining activities
- Oversight of the Hungarian Chamber of Judicial Officers
- Maintenance of the register of liquidators
- Checks on activities governed by concession contracts
The Concession Controversy
The government’s decision to strip the SZTFH of its concession powers stems from longstanding criticism. According to a government statement, the SZTFH’s independence was questioned because a former administrative state secretary of the Prime Minister’s Cabinet Office was appointed as its head for a nine-year term. The government also noted that no open call for applications was required for leadership posts within the authority.
In a government resolution published on 31 August 2026, the justice minister was asked to report by 30 September on how the SZTFH could be wound up and its tasks transferred to bodies under direct government control.
The Law: Act LIX of 2026
Legislative Process
- Bill Introduction: The government submitted bill T/639 on 8 September 2026, amending several laws related to concessions.
- Urgent Procedure: Parliament handled the bill under urgent procedure.
- Final Vote: Passed on 22 September 2026 with 135 votes in favour, 46 against, and six abstentions.
- Publication: Published in the Magyar Közlöny (Hungarian Official Gazette) on 30 September 2026 as Act LIX of 2026.
- Effective Date: 1 October 2026.
Key Provisions
- End of SZTFH Concession Powers: The law terminates all tasks and powers of the SZTFH relating to concessions.
- Abolition of the Concession Council: The authority’s Concession Council is dissolved.
- Transfer of Documents: The SZTFH’s president must hand over all concession-related files to the minister responsible for state assets within 30 days. These include:
- Tender documents
- Concession contracts
- Inspection records
- Future Role of Government: The government may decide, by decree, which minister or central government body will:
- Run concession tenders
- Conclude, amend, or terminate concession contracts on the state’s behalf
- Pending Abolition: The government has announced plans to abolish the SZTFH entirely, with its remaining tasks distributed among other state bodies. However, no specific timetable has been set.
SZTFH’s Rebuttal: “We Never Had Concession Powers”
On the day of the parliamentary vote (22 September 2026), the SZTFH published a corrective notice disputing what it called “serious inaccuracies” in the bill’s justification and during the parliamentary debate.
Key Points from the SZTFH’s Statement
- No Power to Award Concessions: The SZTFH insists it is “not entitled to issue concessions or to conclude concession contracts (nor was it previously).” According to the authority, concession contracts are concluded by the minister designated by the government.
- Limited Role: From 1 October 2021, the SZTFH’s role was to give prior consent before a concession contract was concluded, amended, or terminated. Before that date, the minister responsible for state assets held this power.
- Evidence of Work: Since October 2021, the SZTFH issued prior consent 81 times. The new government had already requested its consent 10 times.
- Casino Concessions: Casino concessions awarded since 2021 were issued by the designated minister on the recommendation of an evaluation committee that included the head of the National Concession Office and ministry representatives—not the SZTFH itself.
- Inspection Record: The authority conducted more than 23,000 concession-related inspections between 2021 and 2025, covering casinos, online casinos, national tobacco shops, and mining.
- Enforcement Responsibility: The SZTFH stressed that checking how concession contracts are carried out is the job of the relevant sectoral minister under Section 5(4) of Act XVI of 1991 on Concessions.
The SZTFH also rejected what it described as “unfounded generalisations” made about its employees during the parliamentary debate.
Practical Implications: What Changes Immediately
For Ongoing Concession Procedures
The SZTFH’s prior consent is no longer required for any concession procedures, including:
- Tenders already underway
- Invitations to submit offers
- The conclusion, amendment, or termination of concession contracts
For Past Decisions
Concession contracts and prior consents granted before 1 October 2026 remain valid unless challenged separately. However, future oversight of these contracts will now fall to the minister responsible for state assets or other bodies designated by government decree.
For Regulated Industries
| Industry | Previous Role of SZTFH | New Situation |
|---|---|---|
| Gambling (casinos, online casinos) | Prior consent for concessions | Minister or government body decides |
| National tobacco shops | Inspection and prior consent | Minister or government body takes over |
| Mining | Concession-related checks | Tasks transferred to sectoral minister |
| Other concession activities | Document review and inspection | Government decree will assign responsibilities |
Future Outlook: Abolition of the SZTFH
The government has stated it intends to abolish the SZTFH entirely, distributing its remaining tasks among other state bodies. However:
- No timeline has been set for the full dissolution.
- The justice minister was asked to report by 30 September on how to wind up the authority, but the outcome of that report has not been publicly detailed.
- Until a formal abolition law is passed, the SZTFH retains its non-concession tasks (e.g., oversight of the tobacco market, mining, and the Chamber of Judicial Officers), though its leadership and independence are now in question.
Potential Challenges
- Legal Uncertainty: Industry participants may face confusion about which body now handles concessions until government decrees are issued.
- Transition Costs: Transferring files and responsibilities to new bodies could cause delays in ongoing projects.
- Political Fallout: The SZTFH’s claims about its limited role may fuel further debate about the government’s motivations and the accuracy of its stated reasons.
Comparison: Hungary’s Approach vs. International Norms
| Aspect | Hungary (Post-2026) | Typical EU Practice |
|---|---|---|
| Regulatory independence | Reduced; functions moving to government-controlled bodies | Independent regulators common (e.g., UK Gambling Commission, Malta Gaming Authority) |
| Concession awarding | Ministerial or government decree | Often done by independent regulator or dedicated concession office |
| Oversight of concession contracts | Sectoral minister | Typically independent regulator or ministry with checks and balances |
Conclusion: A Shift Toward Centralized Control
The stripping of the SZTFH’s concession powers marks a decisive move by Hungary’s government to bring regulatory oversight under direct political control. While the government cites concerns over the authority’s independence and past political ties, the SZTFH counters that its role was always limited and that the changes may create more uncertainty than improvement. For businesses operating in gambling, tobacco, or mining sectors, immediate attention to the new decision-making bodies is essential. The long-term fate of the SZTFH itself remains unclear, but its influence over concessions has definitively ended.
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