Addressing Statelessness through the Hungarian Citizenship Act
person concerned would otherwise become stateless. Considering this and the
aforementioned, the Hungarian Citizenship Act partially ignores the
implementation of the jus soli principle applied to avoid statelessness as a quasicomplementary principle. This is done by reducing the personal scope of the 1961
Convention not to incorporate everyone born on Hungarian territory who would
otherwise become stateless. Consequently, the essence of the phrase ‘who would
otherwise be stateless’ under art 1 of the 1961 Convention is lost.
CONCLUDING REMARKS
In view of all this, I have argued that when it comes to Hungary’s legislative
safeguards against statelessness, the glass is half empty. In order to further enhance
these safeguards, it would be necessary to amend the legislation to ensure that no
child would be stateless if they were born in Hungary, could not acquire the
citizenship of their parents and could not fulfil the additional conditions for their
parents. For instance, the immigration status or the marital status of the parents
should be completely independent from the child and the child’s acquisition of
citizenship. Considering Hungary’s international legal obligations and the
wording of the 1961 Convention (in particular, the expression of ‘otherwise
become stateless’), it is time to amend the Hungarian Citizenship Act regarding
the acquisition of citizenship in art 3(3) in accordance with this criterion. To fully
comply with the 1961 Convention, it is either necessary to take the phrase
‘otherwise become stateless’ literally and amend the current law with this
wording, or another technical legal solution is needed which does not exclude any
of the persons discussed in this commentary.
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