Published online by Cambridge University Press: 28 March 2014
The international controversy concerning the Hungarian ‘status law’ of 2001 attests to the vital importance of ethnic minority rights in Central and Eastern Europe, as well as within an enlarged European Union. The paper examines the unique challenges raised by the law from its initial adoption in June 2001 to its subsequent amendment in June 2003. It looks at the interaction between four principal kinds of actors: Hungary (a kin state legislating support for ethnic co- nationals in neighbouring countries), Romania and Slovakia (home states to sizeable Hungarian ethnic groups), the Hungarian minorities in Romania and Slovakia, and the European institutions that became involved in the dispute as mediators.
1 2001. évi LXII törvény a szomszédos államokban élő magyarokról, available at www.htmh.hu in Hungarian, as well as in English as Act LXII of 2001 on Hungarians Living in Neighbouring Countries (henceforth Act LXII of 2001).Google Scholar
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8 Brigid Fowler, ‘Fuzzing Citizenship, Nationalising Political Space: A Framework for Interpreting the Hungarian “Status Law” as a New Form of Kin-State Policy in Central and Eastern Europe’, ESRC ‘One Europe or Several’ Working Paper 40/2002, available at ; Michael Stewart, ‘The Hungarian Status Law: A New European Form of Transnational Politics?’, Transnational Communities Programme Working Paper 02–09, 2002, available at www.transcomm.ox.ac.uk.Google Scholar
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21 However, since EU legislation prohibits the preferential treatment of ethnic groups, the law does not apply to Austria, and was not to apply to neighbouring countries such as Slovakia and Slovenia once they joined the EU.Google Scholar
22 See Cserga, Zsuzsa, ‘Beyond Ethnic Division: Majority-Minority Debate about the Post-Communist State in Romania and Slovakia’, East European Politics and Societies, 16: 1 (2002), pp. 1–29.CrossRefGoogle Scholar
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27 Ibid., p. 32.Google Scholar
28 Government of Romania, ‘The Official Position of the Romanian Government on the Law on Hungarians Living in Neighbouring Countries’, submitted to the European Commission for Democracy through Law, 2001.Google Scholar
29 Fowler, ‘Fuzzing Citizenship’, p. 41.Google Scholar
30 Hungarian Foreign Minister János Mártonyi, quoted in Fowler, ‘Fuzzing Citizenship’, p. 46.Google Scholar
31 RFE/RL Newsline, 5 October 2001.Google Scholar
32 RFE/RL Newsline, 2 November 2001.Google Scholar
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34 Act LXII of 2001, Article 20.Google Scholar
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36 These principles were: ‘the territorial sovereignty of states’; pacta sunt servanda (especially with respect to bilateral treaties), ‘friendly relations amongst states’ and ‘the respect of fundamental rights and freedoms, in particular the prohibition of discrimination’. See Venice Commission Report, part E.Google Scholar
37 Ibid., part E.Google Scholar
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42 A related development – the lifting of visa requirements for Romanian citizens travelling to Schengen countries, claimed by Nastase as a victory – may have contributed to this particular provision. As Hungary and Slovakia were scheduled to join the EU in 2004, but Romania only in 2007, the FIDESZ-led government viewed some provisions in the status law as a way of easing travel and work conditions for Hungarians living outside the EU. However, since Romanian citizens no longer need a visa for the Schengen space, Hungary’s joining the EU would no longer represent a significant obstacle for ethnic co-nationals.Google Scholar
43 Committee on Legal Affairs and Human Rights, Preferential Treatment of National Minorities by the Kin-state: The Case of the Hungarian Law of 19 June 2001 on Hungarians Living in Neighbouring Countries (‘Magyars’), Parliamentary Assembly of the Council of Europe, DOC. 9744 rev, 13 May 2003 (available at ).Google Scholar
44 Act LVIII of 2003, Preamble.Google Scholar
45 The text of the agreement (in English, the original language) can be found at www.htmh.hu.Google Scholar
46 RFE/RL Newsline, 21 July 2003.Google Scholar