2023 Statelessness & Citizenship Review 5(2) second citizenship law of Act LX of 1948 on Hungarian Citizenship13 which was not in force for long.14 In the light of the political changes in the late 1940s, the Act was amended, in particular regarding preferential reacquisition of citizenship and the avoidance of statelessness. The change in the political situation made it necessary to undertake a more far-reaching law reform than the amendment of the second citizenship act. A new legal framework was provided by Act V of 1957 on Hungarian Citizenship15 which eliminated the aforementioned discriminatory provisions previously in force.16 In the context of the prevention of statelessness, the Act innovatively regulated the possibility of renouncing citizenship, and can be seen as a precursor to the current Hungarian Citizenship Act in this respect.17 Article 69 of the Constitution provided the basic principle of citizenship law,18 prohibiting arbitrary deprivation of citizenship in accordance with the Universal Declaration of Human Rights (‘UDHR’), 19 and the expulsion of a Hungarian citizen from the territory of Hungary. Furthermore, the right of a Hungarian citizen to return from abroad and the right to diplomatic protection were regulated at a constitutional level.20 Under the current constitutional framework, the rules of citizenship are laid down in art G of the Fundamental Law. 21 This enshrines the principle of jus sanguinis as the main rule, which was not previously present in the Constitution. Article G of the Fundamental Law also stipulates in s 3 the prohibition of the deprivation of citizenship in cases where citizenship was acquired by birth or during the naturalisation procedure.22 The 1993 Hungarian Citizenship Act largely complies with the right contained in art 15 of the UDHR, according to which every person has the right to citizenship. The Act articulates the principle of equality, as well as the basic principles of citizenship per international rights standards, such as the universal character of citizenship independent of means by which it was obtained, 23 the prohibition of limiting the right to change citizenship according to art 15(2) of 13 14 15 16 17 18 19 20 21 22 23 Act LX of 1948 on Hungarian Citizenship (Hungary). It was in force only for 9 years (1948–57). Act V of 1957 on Hungarian Citizenship (Hungary). Act V of 1957 on Hungarian Citizenship has replaced the aforementioned discriminatory elements of the previous acts by not making a distinction between men and women in their ability to transfer their nationality to their children. Act V of 1957 on Hungarian Citizenship (n 15) s 12. According to art 69(1) of the Constitution, ‘[i]n the Republic of Hungary no one shall be denied of [their] Hungarian citizenship against [their] will and no Hungarian citizen may be expelled from the territory of the Republic of Hungary’: Constitution (n 4) art 69(1). Article 15(2) states that no one shall be arbitrarily deprived of their nationality nor denied the right to change their nationality: Universal Declaration of Human Rights, UN Doc A/810 (10 December 1948) art 15(2). Fundamental Law (n 5) art 69(2)–(3). ‘The child of a Hungarian citizen shall be a Hungarian citizen by birth. A cardinal Act may specify other instances of the origin or acquisition of Hungarian citizenship’: ibid art G(1). ‘No one shall be deprived of Hungarian citizenship established by birth or acquired in a lawful manner’: ibid art G(3). Article 1(1) of the Hungarian Citizenship Act makes no distinction between Hungarian citizens as to whether citizenship was acquired at birth or by naturalisation at a later stage of life: Hungarian Citizenship Act (n 3) art 1(1). 204

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