Fidesz proposal on suspension of Hungarian citizenship submitted to Parliament

Fidesz MP János Halász has submitted a legislative proposal to the Hungarian Parliament that would amend the laws on Hungarian citizenship.

According to the proposal, by passing this law, Parliament would enable the state to – as a last resort – for a limited period of time suspend the Hungarian citizenship of persons who also hold the citizenship of another state and whose Hungarian citizenship poses a threat to public order, public security or the national security in Hungary. "The purpose of the law is to enhance the means available for protecting national sovereignty, while taking into account the regulatory practices of other countries and the specificities of the Hungarian legal system," the first page of the proposal states.

According to the proposal, a person may have his or her Hungarian citizenship suspended if:

• in addition to his or her Hungarian citizenship, they also hold the citizenship of a non-EEA state,
• their Hungarian citizenship constitutes a threat to public order, public security or the national security in Hungary.

It is further noted that having the citizenship of an EEA state is regarded the same as possessing the citizenship of a state which is a candidate for accession to the European Union. The proposal states that the Hungarian citizenship may only be suspended if the Hungarian citizen concerned also holds the citizenship of at least one non-EEA or non-EU candidate state and also meets the condition of being a threat to public order, public security or the national security of Hungary.

The bill also defines who may be considered a threat to public order and the national security in Hungary:

• any individual serving in the armed forces of another country or who is a civil servant of a foreign state;
• any individual who, in a manner incompatible with Hungarian citizenship, is acting in the interests of a foreign power or a foreign organisation, or is advancing the objectives of a foreign power or a foreign organisation;
• any individual who has left the territory of Hungary for the purpose of joining a terrorist organisation or group;
• or who has been convicted by final judgment of, for example, a crime against humanity, forcible alteration of the constitutional order, treason or financing terrorism.

The suspension of Hungarian citizenship is to be ordered by the minister designated by a government decree. The period of suspension may not exceed ten years. The proposal also states that "anyone can submit a notification" in relation to the suspension of citizenship, but the procedure itself may only be carried out ex officio. The individual concerned must be notified of the decision to suspend their Hungarian citizenship and the decision must be published in the Official Gazette.

The bill also stipulates that if an individual provides credible evidence during the period of suspension that the restoration of his or her Hungarian citizenship does not pose a threat to public order, public security or the national security in Hungary, his or her Hungarian citizenship may be restored. The decision on the restoration of citizenship is also to be taken by the designated minister.

The suspension of citizenship is a completely new feature in the Hungarian legal order

Gergely Gulyás, the Minister heading the Prime Minister's Office was the first to speak about the potential expulsion of Hungarian citizens who also hold foreign citizenship during the government briefing on 27 February. At the time, he said that the plan for the expulsion of Hungarian citizens, which was previously mooted by Magyar Nemzet, was unfounded, because Hungarian citizens cannot be expelled, as they would become stateless, but added that a draft was being prepared, and said that an expulsion might be possible for those with multiple citizenships.

"Naturally, it is not possible to expel someone from Hungary just because they accepted foreign funds, and if they only have Hungarian citizenship, then they cannot be expelled anyway, so in this form this is not based on reality. But the parliamentary group is working on a bill, which could apply to those with multiple citizenship. However, Fidesz's parliamentary group is working on this, and the public will have access to it in a few weeks," the minister said at the time.

Suspending a person's Hungarian citizenship for a limited period of time would be a completely new feature in the Hungarian legal order, and there is no comparable example in the international context. The absurdity of the constitutional amendment is well illustrated by the fact that even the Fundamental Law itself strongly protects Hungarian citizenship. In line with the European Convention on Nationality, it forbids, for example, stripping a person of their legally acquired citizenship, which was last practised in Hungary during the Kádár era (1956-1989).

A fundamental part of the protection enshrined in the Constitution is that a person may return to Hungary at any time and reside in the country without conditions, and cannot be expelled from the country. Also, revoking someone's Hungarian citizenship may only be possible if they obtained it by fraud, but even this can only be done within a certain period of time.