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part of Hungarian law; they have been incorporated in a piece of national
legislation into the Hungarian corpus iuris, due to the country’s dualist-
transformation model concerning the relationship between international law
(international treaties) and domestic law.7
All this relays a firm foreign policy message. It shows to the outside world
Hungary’s strong commitment to protecting stateless people and preventing
or avoiding any future cases, as well as reducing their existing number. Being
party to all these international instruments means that Hungary can no longer
modify her internal rules unilaterally.
Besides that, Hungary has also improved domestic legislation in order to
better implement these international obligations. As an outstanding example,
as of 1 July 2007, Hungary established a completely new statelessness determination procedure (SDP)8 and it is now only one of a few countries in the
European Union (EU)9 that has such a self-standing, comprehensive procedure established by law: with guarantees comparable to the refugee status
determination procedure, fulfilling the specific needs of this vulnerable group.
As the United Nations High Commissioner for Refugees (UNHCR) Guidelines
on Statelessness No. 2 emphasizes: ‘recognition of statelessness plays an important role in enhancing respect for the human rights of stateless persons, particularly through access to a secure legal status and enjoyment of rights
afforded to stateless persons under the 1954 Convention.’10 Roughly, a dozen
states all over the world have procedures in place to identify stateless persons
in their territory, which is a first step to protection. The Hungarian statelessness determination procedure, warmly welcomed by UNHCR, has been in the
international spotlight in recent years, mainly due to the sophisticated and in
many aspects protection-oriented legal regime it established. For more than
7
8
9
10
For more see e.g. Tamás Molnár, ‘The Relationship of International Law and the Hungarian
Legal System 1985-2005’ in András Jakab and others (eds), Transformation of Hungarian
Legal Order 1985-2005 (Kluwer Law International 2007).
Chapter VIII of Act II of 2007 on the Entry and Stay of Third-Country Nationals and
Chapter VIII of its Implementing Government Decree No. 114/2007 (V.24.) (These legal
texts can be accessed free of charge – only in Hungarian though – via www.njt.hu). For a
detailed analysis see: Tamás Molnár, ‘Statelessness Determination Procedure in Hungary’
(2013) 4 Asiel and Migrantenrecht 271.
Such procedures exist also, for instance, in Belgium, France, Italy, and Spain (source: proceedings of the UNHCR Practitioner Seminar on Statelessness and National Procedures
of 5 July 2011, Brussels). Outside the EU, the Philippines or Moldova has just recently put
in place such a procedure.
UNHCR, ‘Guidelines on Statelessness No. 2: Procedures for Determining whether an
Individual is a Stateless Person’ (5 April 2012, HCR/GS/12/02) <www.refworld.org/
docid/4f7dafb52.html> accessed 15 September 2013.
tilburg law review 19 (2014) 194-202