International law and dual nationality of Hungarians living outside the borders

Ganczer, Mónika (2012) International law and dual nationality of Hungarians living outside the borders. Acta Juridica Hungarica, 53 (4). pp. 316-333. ISSN 1216-2574

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Abstract

According to the recent amendment of the Hungarian Citizenship Act, Hungarians living outside the borders can acquire an additional nationality, and become dual or multiple nationals. The study analyses the prohibition or recognition of dual nationality and the relevant practice of neighbouring states as the main purpose of the amendment was to enable Hungarians living in territories detached owing to historical events to acquire nationality. By assuming international obligations states may limit their discretion in matters of nationality, which otherwise fall within the domestic jurisdiction of states. Human rights drive the regulation of nationality in certain cases all the more towards the realm of international law. For that reason, human rights limiting the regulation of nationality, such as the right to a nationality, the prohibition of (arbitrary) deprivation of nationality and the prohibition of discrimination, also need to be examined. The analysis also extends to the lack of effectiveness of nationality of Hungarians concerned as well as the binding nature of the principle of effectiveness. The study concludes that the principle of effectiveness may not serve as a basis for other states to declare non-recognition of nationality of these individuals. Finally, obligations under bilateral treaties on good neighbourliness, confi dence and friendly co-operation concluded by Hungary and several neighbouring states between 1992 and 1996 are taken into consideration, as well.

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