belugyiszemle_header

Barbara Mágó

‘Citizenship 30’, or the last three decades of the Hungarian Citizenship Act

‘Citizenship 30’, or the last three decades of the Hungarian Citizenship Act

Abstract

Aim: Act LV of 1993 on Hungarian Citizenship celebrates the 30th anniversary of its entry into force. The purpose of this study is to pay tribute to the past three decades of the law and to describe the path leading to the adoption of the current law and the main changes that have taken place since then. The author also attempts to examine changes in citizenship law in the present days.
Methodology: In presenting the path leading to the adoption of the current Citizenship Act, the author also drew on the work of the preparatory legislative process, and in describing the legislation and the changes that have taken place in the meantime, he has not only drawn on the available literature but also recorded his own professional experience, and after examining international citizenship jurisprudence, he has formulated innovative ideas.
Findings: The new and modern legislation, reflecting the reality of a democratic, constitutional state and the rule of law, has fundamentally changed most of the legal procedures for citizenship. Its main values were the abolition of the deprivation of citizenship, the completion of the necessary moral reparation through the institution of acquiring citizenship by declaration, and the rational reorganisation of the naturalisation system based on international models. The most significant and comprehensive changes were made following the decision to adopt the so-called simplified naturalisation procedure, which in 2011 made the conditions for naturalisation significantly more favourable for descendents of former Hungarian nationals. The legislation, which has been amended several times with minor changes and is thirty years old this year, has therefore weathered the storms of time. Nevertheless, it is necessary to bear in mind that, in the context of migration and related social processes in the world, especially in Europe, with regard to certain persons with a migration background who may pose a risk to national security. The role and system of citizenship law is changing across the continent, or rather moving in a sanctioning direction.
Value: The study praises the timelessness of the basic principles of Act LV of 1993 on Hungarian Citizenship, while at the same time presenting the main changes in the law over the past thirty years. It also aims to draw attention to international trends in which the challenges posed by migration can be addressed at the level of citizenship law.

Keywords

citizenship law, magyar állampolgárság, rendszerváltoztatás, naturalization
4663