Resume


                                     Protection of Minorities

                        by Their Kin-States in the EU – the Case of Hungary




                                          Peter Smuk, PhD

                            Faculty of Law, Széchenyi István University

                                           Győr, Hungary



                                             Reviewer:

                                      prof. István Kukorelli



Key words:

minority rights, non-discrimination, Schengen, Venice commission, Hungarian minorities, status law,
kin-state


The paper studies the case of the protection of the minority-rights by their kin-states. This issue
can be discussed from the viewpoint of the non-discrimination principle of the EU, but the new
Schengen borders and the unified visa-regime are also in question.


The Parliament of Hungary, carrying out Article 6 par. (3) of the Constitution - “The Republic of
Hungary bears a sense of responsibility for the fate of Hungarians living outside its borders and
shall promote and foster their relations with Hungary.” - and also responding to the inquiries of
the Hungarian organizations from the neighbouring countries – adopted the Act on „Hungarians Living
in Neighbouring Countries” only in 2001, at the time of rightist Fidesz-cabinet.


This law, scheduled to step into force on 1 January 2002, provided several benefits and assistance
basically for the “persons declaring themselves to be of Hungarian nationality who are not
Hungarian citizens and who have their residence in the Republic of Croatia, the Federal Republic of
Yugoslavia, Romania, the Republic of Slovenia, the Slovak Republic or the Ukraine” (Article 1). In
some aspects, the act shall be applied to spouses and children of the mentioned persons. Person
falling within the scope of this Act were entitled to benefits and assistance on the territory of
Hungary, as well as in the country of their residence (Article 2). The Act provided mainly the
following benefits and assistance: Culture, science; Social Security Provisions and Health Care;
Travel benefits; Education, student benefits, training for teachers; Employment; Assistance of
Organizations operating abroad.


The Republic of Slovakia and Romania – where the biggest communities of Hungarian minorities live –
protested against the adoption of the Status Law, arguing with the following reasons:

Extraterritoriality: The most frequently used argument against the Status Law is that it contains
extraterritorial elements, i.e. that the effects of the law extend to another state’s territory in
ways that its sovereignty. Discrimination: The law is discriminatory inasmuch as it makes a
distinction among citizens of the Neighbouring States, in this case on an ethnic basis. Objection
to Benefits Going beyond Educational and Cultural Support: the Status Law provided benefits for
example on the field of rural tourism and employment.

The Romanian delegation to the Council of Europe in June 2001 started to collect signatures in
favor of the Romanian initiative protesting against the Hungarian Status Law. The Council finally
decided that it will give a mandate to the Venice Commission study the case.

The Commission in its Report stated that the responsibility for minority protection lies primarily
with the home-States. The Commission notes that kin-States also play a role in the protection and
preservation of their kin-minorities, aiming at ensuring that their genuine linguistic and cultural
links remain strong. The report included some particular observations applicable to the Hungarian
status law.


The Hungarian minorities had to see in 2003 that the national means of minority protection are
rather limited, because the Hungarian government diverged from the Status Law in order to comply
with the EU-expectations just before the EU accession. The amendments not supported by the
Hungarian Standing Conference – an institution presenting the Hungarian main parties, government,
and the organizations of the Hungarians living abroad – were justified by the arguments and
statements of the Venice Committee. It caused frustration widely, and a bitter experience, that the
Hungarian government was unable to find the right solution for protecting the kin-minorities by
means compatible with the international law and the EU-requirements.


Contact - e-mail:

smuk@sze.hu