Addressing Statelessness through the Hungarian Citizenship Act on the examination of the citizenship law and its safeguards against statelessness. I do not extend the analysis to the Hungarian statelessness determination procedure. THE ACT LV OF 1993 ON HUNGARIAN CITIZENSHIP A General Overview Before reviewing the relevant provisions of Act LV of 1993 on Hungarian Citizenship (‘Hungarian Citizenship Act’),3 I first situate the Hungarian Citizenship Act within broader Hungarian legal frameworks, including the history of citizenship legislation in Hungary, the constitutional framework related to the basic principles of citizenship law regulated in Act XX of 1949 of the Constitution of the Republic of Hungary (‘Constitution’)4 and the Fundamental Law of Hungary (‘Fundamental Law’).5 In Hungary, three acts on citizenship had been adopted before the entry into force of the current Hungarian Citizenship Act in 1993. At first, Act L of 1879 on the Acquisition and the Loss of Hungarian Citizenship laid down the principle of jus sanguinis6 and regulated the legal status of foundlings as a way to prevent childhood statelessness.7 According to this legislation, a foundling should have been considered a Hungarian citizen.8 However, the Act included genderdiscriminatory nationality provisions. For example, a married Hungarian woman could not pass on her citizenship to her child. That is, in the case of a valid marriage, only the father could pass on his citizenship to the child.9 At the time of codification, this first citizenship law was considered modern, reflecting the circumstances of the time.10 However, amending this citizenship law after World War I was necessary in light of a change to one of the constituent elements of the State, namely its territory. The law was amended in this respect by Act XVII of 1922,11 which provided for the preferential reacquisition of citizenship for people living in annexed territories.12 As a result of World War II it became necessary to replace the first citizenship law with a new law reflecting the new circumstances of Hungary’s political situation and the changed legal bond between the individual and the State. A new constitution was adopted in 1949, establishing a new administrative structure; the 3 4 5 6 7 8 9 10 11 12 Act LV of 1993 on Hungarian Citizenship (Hungary) (‘Hungarian Citizenship Act’). Act XX of 1949, The Constitution of the Republic of Hungary, Magyar Közlöny [Hungarian Gazette] (No 84, 24 August 1990) Official Journal of the Hungarian Republic (Hungary) (‘Constitution’). This Act was repealed by art 31(3)(a) of the Transitional Provisions of the Fundamental Law and is no longer in force as of 1 January 2012: Transitional Provisions of the Fundamental Law, Magyar Közlöny [Hungarian Gazette] (No 166, 31 December 2011) Official Journal of the Hungarian Republic, art 31(3)(a) (Hungary). The Fundamental Law of Hungary, Magyar Közlöny [Hungarian Gazette] (No 43, 25 April 2011) Official Journal of the Hungarian Republic (Hungary) (‘Fundamental Law’). Act L of 1879 on the Acquisition and the Loss of Hungarian Citizenship, art 3 (Hungary). ibid art 19. ibid arts 13, 19. ibid arts 7, 34. See Károly Kisteleki, ‘Regulation of the Legal Institution of Hungarian Nationality from the Beginnings to Act L of 1879’ (1998) 38 Annales Universitatis Scientiarum Budapestinensis de Rolando Eötvös Nominatae: Sectio Juridica [Annals of the Budavest University of Sciences Named after Rolando Eötvös: Legal Section] 41, 44–8. Act XVII of 1922 (Hungary). Act XVII of 1922 (n 11) s 24; Lóránt Csink, ‘Az állampolgárság szabályozása 1945 és 1950 között Magyarországon’ [‘The Regulation of Citizenship between 1945 and 1950 in Hungary’] (2004) 4(2) Acta Universitatis Szegediensis: Acta Juridica et Politica 37, 139. 203