The East-Central European Syndrome: Unsolved Conflict in the Carpathian Basin
by S. J. Magyarody
Present day political and diplomatic decision makers have very little knowledge of the roots of problems in Central and East-Central Europe. Therefore, we have to shed some light on the
festering sore some politicians - out of sheer ignorance - would like
to sweep under the rug:
Facts:
After World War I, the victors broke up the Austro-Hungarian
Monarchy. In the process, instead of one existing medium sized
political and economic unit with many nationalities, created five
small, economically and politically unstable "quasi-national" states:
Austria, Hungary, Czechoslovakia, Rumania and Yugoslavia.
Eventually - with other causes - it led to WW II, with the tragic
consequences.
Owing mostly to designs of the Soviet Union, the division was
reinstated and become more unstable and unviable economically
after the war.
Since then, two of the artificially created states fell apart,
resulting in more mini-states. Now there are seven: Austria, Czech
Republic, Slovakia, Hungary, Rumania, Rump-Yugoslavia,
Croatia, Slovenia and the alien body: Ukraine, in the same region.
The real losers are the Hungarians. In the 10 Trianon (Paris)
peace settlement they lost almost four million Hungarians to the
successor states. Ever since these states are hell bent on annihilating
the Hungarian nationals by all means at their disposal: deportations,
forced assimilation, forced emigration, expulsions and (right after
WW II) physical destruction.
Naturally, no nation could tolerate such status quo. If the
victorious powers had established the new borders along ethnic
lines in 10, the revisionist movement in Hungary would have
subsided in a few years. After such a blatant and unconscientious injustice of a "peace treaty", they cannot and would not acquiesce
to the perpetualisation of the present borders.
This unholy situation created the so called "Trianon Syndrome".
All states in the Carpathian Basin suffer of it. No matter, what the
government does, the Hungarians cannot accept the situation. The
successor states are also mortally afraid of the Hungarian
revisionism. They just could not believe, that the Hungarians are
really willing to give up the lost territories. This "Trianon
Syndrome" is hurting everybody.
The Hungarian government - with western "encouragement" -
hopes against reasonable hope, that by joining the European
Community in a few years, the borders will lose their significance,
exception of Slovakia, no successor state will be admitted into the
Union in the foreseeable future. Therefore, in ten-twenty years the
Hungarian minorities will be destroyed, chased out, displaced by
new settlers or forcibly assimilated by Slovakia, Rumania, Ukraine
and Rump-Yugoslavia.
To dampen the danger, the Hungarian government enacted the
so called Status Law, which would encourage the minority
Hungarians to keep their culture, language and faith, in accordance
with international law and practice.
Now those states, namely Rumania and Slovakia are up in arms
and dead set against the implementation of this feeble attempt to
bolster the integrity of the Hungarian nation under foreign rule. It
does not bother them, that they and most European nations have
similar laws in existence.
Since they are unwilling to accept this absolute minimum
attempt, they eventually will have to face another solution.
Solution:
1. As we know, revision of the borders is impossible because
of the German-Polish and the German-Russian situation, not to
mention the UN stance on the matter.
2. The extension of the European Union has no reality for
many years.
3. Therefore, the only solution at the present is autonomy.
There are ample number of successful precedents: South-Tyrol in
12Italy, the Basques and Catalans in Spain, the Aland Islands in
Finland and even the Gagauz in the Republic of Moldavia. Great
Britain also granted wide ranging autonomy to Scotland, to a lesser
degree to Wales and let go most of Ireland a long time ago. The
French government facing mounting pressure for autonomy by the
Corsicans and other minorities.
Why can't the United Nation or the European Union force the
mini-imperialistic nations in the Carpathian Basin to do the same.
Failing to act, they will be responsible for the largest scale ethic
cleansing in Europe - however subtle and mostly clandestine ways -
it will be done.
True enough, autonomy was seldom granted without some
bloodshed. Do we realy want another hot spot in Europe?
S.J. Magyarody
Corvinus Society
Juanita Dr.
Hamilton, ON
Canada, L9C 2G3
DOCUMENTS AND LAWS
No, I:
LAWS AND PROVISIONS FOR THE BENEFIT OF NATIONAL
MINORITIES IN EUROPE
No.II
BASIC PRINCIPLES OF THE EU CONCERNING THE BAN
ON NEGATIVE DISCRIMINATION, AND THE PROTECTION
OF NATIONAL MINORITIES
No. III
00INTERNATIONAL CONVENTIONS ON THE PROTECTION OF
MINORITIES RELEVANT TO THE EU BASIC PRINCIPLES
AND REGULATIONS
No. IV
LEGISLATION OF SELECTED EU MEMBER STATES
CONCERNING THEIR NATIONAL MINORITIES LIVING
ABROAD
No.V
ACTS OF SOME EU ENTRANT COUNTRIES ON THEIR
PARTICULAR NATIONAL MINORITIES LIVING ABROAD
No. VI
THE HUNGARIAN GOVERNMENT: Consultations with
neighbouring countries
No. VII
ACT LXII OF 20 ON HUNGARIANS LIVING
IN NEIGHBOURING COUNTRIES*
ANNEX NO I
LAWS AND PROVISIONS FOR THE BENEFIT OF
NATIONAL MINORITIES IN EUROPE
I.
PROVISIONS IN THE FOUNDING TREATIES
BANNING NEGATIVE DISCRIMINATION
1. The Maastricht Treaty on European Union Article 6,
paragraph 1 declares:
The Union is founded on the principles of liberty, democracy,
respect for human rights and fundamental freedoms, and the rule of
law, principles which are common to the Member States."
According to paragraph 2 of Article 6, the Union respects
fundamental rights, as guaranteed by the European Convention for
the Protection of Human Rights and Fundamental Freedoms signed
in Rome on 4 November 19 and as they result from the
constitutional traditions common to the Member States, as general
principles of Community law. According to paragraph 3 the Union
respects the national identities of its Member States. Paragraph 4
gives the Union the authorisation needed for the attainment of these
objectives. (Annexe No. 1)
The new Article 7 of the Maastricht Treaty introduced with the
Treaty of Amsterdam contains provisions for the procedures
00which may be taken in the case of serious and persistent breach by a
Member State of the obligations set out in Article 6, including in
given cases suspension of the voting rights of the Member State
concerned.
2. The Treaty of Rome establishing the European Community
states in Article 12:
Within the scope of application of this Treaty, and without
prejudice to any special provisions contained therein, any
discrimination on grounds of nationality shall be prohibited.
The Council, acting in accordance with the procedure referred to
in Article 2, may adopt rules designed to prohibit such
discrimination." (Annexe No. 2)
Under Article 13 of the Treaty of Rome introduced with the
Treaty of Amsterdam: Without prejudice to the other provisions of
this Treaty and within the limits of the powers conferred by it upon
the Community, the Council, acting unanimously on a proposal
from the Commission and after consulting the European Parliament,
may take appropriate action to combat discrimination based on sex,
racial or ethnic origin, religion or belief, disability, age or sexual
orientation."
II.
BASIC PRINCIPLES OF THE EU CONCERNING THE
BAN ON NEGATIVE DISCRIMINATION, AND THE
PROTECTION OF NATIONAL MINORITIES
1. Council Directive 0//EC of June 0 implementing
the principle of equal treatment between persons irrespective of
racial or ethnic origin contains the basic provisions regarding the ban
on discrimination. (Annexe No. 3)
Article 2 of the Directive defines the concept of discrimination.
According to this, direct or indirect discrimination based on racial or
ethnic origin is a violation of the principle of equal treatment. Direct
discrimination is taken to occur when a person is treated less
favourably than another in a comparable situation on grounds of
racial or ethnic origin.
Article 5 contains a rule of particular note, under the heading of
positive action". According to this Article: with a view to ensuring
full equality in practice, the principle of equal treatment shall not
prevent any Member State from maintaining or adopting specific
measures to prevent or compensate for disadvantages linked to racial
or ethnic origin.
2. Article 12 of the European Charter of Fundamental Rights of
the European Union declares the respect of linguistic and cultural
diversity: The Union shall respect cultural, religious and linguistic
diversity."
3. At the initiative of the European Parliament, which has
adopted numerous resolutions on this subject, the European Union
has taken steps to protect and promote European regional and
minority languages: (Resolution on linguistic and cultural minorities
in the European Community A3 00/) (Annexe No. 4)
4. The Copenhagen Criteria elaborated in 19 also deal with the
question of the protection of minorities, as a necessary basic
condition for enlargement: (Copenhagen Meeting of the European
Council, June, 19:) Membership requires that the candidate
country : (1) has achieved stability of institutions guaranteeing
democracy, the rule of law, human rights and respect for and
protection of minorities".
III.
INTERNATIONAL CONVENTIONS ON THE
PROTECTION OF MINORITIES RELEVANT TO THE
EU BASIC PRINCIPLES AND REGULATIONS
1. The preamble to the treaty of association signed by Hungary
and the EU also refers to the documents on the protection of
minorities, including the OSCE Charter of Paris. The Charter of
Paris declares the need for protection of minorities as follows:
We affirm that the ethnic, cultural, linguistic and religious
identity of national minorities will be protected and that persons
belonging to national minorities have the right freely to express,
preserve and develop that identity without any discrimination and in
full equality before the law." (Annexe No. 5)
In this way the principle of the protection of national minorities
is incorporated indirectly into the EU-Hungary Treaty of
Association.
2. The Framework Convention for the Protection of National
Minorities of the Council of Europe and the European Charter for
Regional or Minority Languages of the Council of Europe declares
that support for minorities shall not be considered to be an act of
discrimination. When examining candidate countries, respect of the
provisions of CE conventions is examined as a condition for
accession: in this way the EU relies indirectly on the documents of
the CE.
(CE Framework Convention Article 4, paragraph 2): The
Parties undertake to adopt, where necessary, adequate measures in
order to promote, in all areas of economic, social, political and
cultural life, full and effective equality between persons belonging to
a national minority and those belonging to the majority. In this
respect, they shall take due account of the specific conditions of the
persons belonging to national minorities."
Article 3, paragraph 3 of the Framework Convention declares:
The measures adopted in accordance with paragraph 2 shall not be
considered to be an act of discrimination." (Annexe No. 6)
The same principle is reinforced by the CE European Charter of
Regional or Minority Languages:
The adoption of special measures in favour of regional or
minority languages aimed at promoting equality between the users of
these languages and the rest of the population, or which take due
account of their specific conditions is not considered to be an act of
discrimination against the users of more widely-used languages".
(Annexe No. 7)
3. The generally valid basic principle that support for minorities
is not considered to be discrimination is not restricted to the internal
conditions of the given State and its minorities since it does not
exclude assistance aimed at the attainment of real equality of rights
for minorities (even assistance from outside the country concerned).
It can be deduced from the spirit of the documents and from
European legal practice (similarly intentioned financing policy of the
EU Member States and the Commission) that this principle can also
apply to support from the mother country for minorities living
outside that country, if it provides financial support to promote the
survival and development of different minority groups in the form of
financing for projects running for several years. Examples of such
support are: the development and introduction of bilingual radio
programmes in Austria, the publication of history and geography
textbooks in Catalan in France, Roma projects in Hungary,
Romania, the Czech Republic. (Source: http://europa.eu.int
C:TEMPPromoting and safeguarding regional and minority
languages and cultures.html.)
This is also reinforced by the CE Framework Convention for the
Protection of National Minorities, which has been signed and
ratified by the great majority of the EU Member States and the
00neighbouring countries. According to the Framework Convention,
the question of protection of national minorities cannot be
exclusively the internal affair of the State concerned:
the protection of national minorities and of the rights and
freedoms of persons belonging to those minorities forms an integral
part of the international protection of human rights, and as such falls
within the scope of international co-operation." (Article 1)
The report of the CSCE Geneva Meeting of Experts on National
Minorities also reinforces this principle:
Issues concerning national minorities, as well as compliance
with international obligations and commitments concerning the
rights of persons belonging to them, are matters of legitimate
international concern and consequently do not constitute exclusively
an internal affair of the respective State."( Report of the CSCE
Meeting of Experts on National Minorities, II.(3), Geneva, 19).
IV.
LEGISLATION OF SELECTED EU MEMBER STATES
CONCERNING THEIR NATIONAL MINORITIES
LIVING ABROAD
It is worth analysing the legislation of a few EU Member States
concerning national minorities since they contain numerous legal
solutions identical or similar to those in the Hungarian act, but have
not been subject to criticism from the EU.
1.
Greece
By virtue of Act 19. 12../19 on The entry, exit,
employment and expulsion of foreign nationals", regulation
12400/3/10 was issued governing the procedure concerning
acquisition of the right to residence and employment for Albanian
citizens of Greek origin. (Annexes 8 and 9)
a) The regulation provides for the issue of a Special identity
card" for Albanian citizens of Greek origin. Spouses and family
members are also entitled to the identity card, irrespective of their
national identity, provided that they produce evidence of kinship.
To apply for the special identity card, the applicant must have a
valid travel document certifying citizenship and a special visa issued
by the Greek consulate. This special visa can be obtained on
presentation of the document certifying Greek origin issued by the
Federation of North Ipiros Greeks operating in Albania. (Nota bene:
a certification issued by a minority civil organisation operating in a
foreign State!)
Note: Due to numerous abuses, the procedure of certification
was recently changed; Greek origin is now examined by the Greek
Embassy in Tirana.
b) The special identity card entitles the holder
- to permanent residence in Greece,
- to employment in Greece.
c) Since the introduction of the regulation, special identity cards
have been issued to approx. 1,000 Albanian citizens of Greek
origin.
2.Portugal
Regulation No. 6162/99 of the Secretary of State of the Foreign
Ministry provides for support for Portuguese communities living
abroad. (Annexe No. 10)
a) The aim of the support is to assist the social and cultural
development of Portuguese communities living abroad, to support
their participation in the social and political life of the host countries
and to spread Portuguese culture.
b) The targets of the support are communities of persons of
Portuguese origin and Portuguese nationals living abroad. The
supports are available through applications. (The regulation
understands communities to be legally registered associations of a
non-profit and non-party character whose activity is aimed at the
social and cultural development of the given communities.)
c) According to the regulation, the support takes the form of the
direct supply of materials attaining the desired effect, or of direct
financing for certain concessions and actions. Direct financial
subsidies are given only in exceptional cases. The supports are made
available abroad, in the permanent place of residence of the
Portuguese community.
3.
Ireland
Article 2 of the country's Constitution declares:
... the Irish nation cultivates special relations with persons of
Irish origin living abroad who share the Irish national cultural
identity and heritage."
Accordingly, Irish citizenship can be obtained in three ways:
through nationalisation, marriage or descent.
In the case of nationalisation and descent, persons of Irish
nationality may acquire citizenship by a simplified procedure
differing from that for other persons: applicants of Irish descent may
be given exemption under a special decision by the Ministry of
Justice from meeting the conditions set out in the nationalisation
act.
V.
ACTS OF SOME EU ENTRANT COUNTRIES ON
THEIR PARTICULAR NATIONAL MINORITIES
LIVING ABROAD
In what follows, we will examine some enactments pertaining to
the relevant topic issued by EU candidate countries, which have
- signed the European Agreement,
- ratified the Framework Convention for the Protection of
National Minorities
- ratified or signed the European Charter for Regional or
Minority Languages of the Council of Europe.
It follows from their accession to the aforementioned
conventions that, where it comes to the legal regulation relating to
the nationalities, they must fulfil the same criteria as Hungary.
Bearing this in mind, one cannot help remarking on the absence of
any criticism, from the European Union, of the legal institutions or
legal formulas contained in these pieces of legislation - institutions
or formulas which parallel those in the comparable Hungarian
statute.
1. Slovakia
a) The ruling of Act No. 70/1997 on [ethnic] Slovaks living
abroad (Annex No.11) extends to those Slovak citizens who are of
Slovak nationality or are of ethnic Slovak origin and have a Slovak
cultural or linguistic self-awareness.
This can be certified by a document or, in the absence thereof,
by a written testimony of an ethnic organisation acting at the place of
his residence abroad. If no such organisation operates at the place of
residence of the applicant, written testimonies are required from two
foreign Slovaks who are living together with him in the same state.
b) If S/he requires this, the person of Slovak nationality but not
of Slovak citizenship will receive, via the Slovak Embassy operating
in the country concerned, what the law defines as an a passport of
foreign Slovak". (In practice, the aforementioned certificate is called
foreign Slovak's certificate").
a) The holder of the foreign Slovak's certificate
-may enter Slovakia without a visa or letter of invitation even
when, based on his citizenship, he would otherwise be required to
have a visa,
- may carry on studies in any Slovak education establishment,
- may apply for employment without obtaining a permit applying
to foreigners,
- may acquire real estate in Slovakia,
- shall have a right to preferential naturalisation.
b) The law offers preferences only in the territory of Slovakia.
2. Romania
a) The ruling of Act No 150/1998, called "On the granting of
assistance to the Romanian communities of the world at large"
(Annex No. 12), extends to the [ethnic] Romanian communities
living in states outside Romania. The forms of assistance provided
by the Act also extend to the territory of foreign states. Such
assistance includes
- programmes aimed at supporting tuition in Romanian,
- youth and civic education programmes,
- individual assistance in health emergencies, within the
framework of social welfare assistance.
b) Under the provisions of the Act, a special endowment was set
up to fund actions designed to assist [ethnic] Romanian communities
living in the territory of other states. Additionally, an autonomous
centre (Eudoxiu Hurmuzachi Centre) was established, with
budgetary support, subordinated to the Ministry of Education.
c) The Act does not introduce a special certificate for the persons
coming under its ruling; therefore - logically - it does not contain any
provisions concerning any recommendations etc. required for the
obtainment thereof.
3. Republic of Slovenia
a) The situation of native Slovenian minorities living in
neighbouring countries is regulated by a Resolution of the National
Assembly issued in 1996 (Official Bulletin of Slovenia 35/96)
(Annex No. 13). The Resolution affords assistance to the native
Slovenian minorities living in adjacent countries in the territory of
the country of their citizenship. Accordingly,
- it provides to them permanent funding for the basic functioning
of their academic institutes,
- it supports the activities of their publishing houses,
- it supports the provision of books, periodicals, and audio
carriers in the territories inhabited by the aforementioned persons.
b) The subsidies are furnished from the state budget.
c) The Resolution does not provide for the issuance of a special
certificate to the persons concerned.
4. Republic of Bulgaria
a) The ruling of Act No. 30/2000 on [ethnic] Bulgarians living
beyond the borders of the Republic of Bulgaria (Annex No. 14)
extends to all states where persons of Bulgarian nationality live.
- have at least one Bulgarian ancestor,
- have a Bulgarian awareness,
- live in the territory of another state.
Bulgarian ancestry can be proved
- by the organs of the Bulgarian or another state,
- via legitimate Bulgarian organizations operating abroad,
- through the Bulgarian Orthodox Church.
b) Under the Act, the Bulgarian state supports the development
of Bulgarians living abroad". (The terminology of the Acts avoids
the terms minority" and ethnic group".) It assists their
organizations if their activity is aimed at the preservation of
Bulgarian mother-tongue culture and religious traditions. In the field
of education, it promises the delivery school textbooks and teaching
aids to cross-border destinations; while, in the field of culture, it
provides for the dispatch to foreign countries of printed matter
dealing with life in Bulgaria and Bulgarian culture.
The funding for the assistance comes from the budget of the
Republic of Bulgaria.
c) The persons coming under the ruling of the Act enjoy the
following privileges in the territory of the Republic of Bulgaria:
- work permit through fast-track procedure,
- participation in the so-called coupon" privatization,
- making investments,
- recovery of their previously nationalized assets,
- participation in primary, secondary, and higher education, in
numbers annually determined by the Government.
b) The Act introduces a special certificate for Bulgarians living
beyond the borders.
VI
THE HUNGARIAN GOVERNMENT:
Consultations with neighbouring countries
Multilateral consultations
On December 11, 2000, Political State Secretary Zsolt Németh
briefs the Ambassadors of EU-member countries as well as of
neighbouring countries accredited to Budapest on the concept of the
Act under preparation.
On April 5, 2001, Foreign Minister János Martonyi briefs the
Ambassadors of EU-member countries as well as of neighbouring
countries on the Draft Act submitted to Parliament by the
2) Hungarian-Romanian consultations
On February 5-6, 2001, Deputy State Secretary Csaba Lõrincz
holds talks in Bucharest with Foreign Minister Mircea Geoana, State
Secretary Cristian Diaconescu and Director General Mihail Dobre.
On February 20-21, 2001, Political State Secretary Zsolt
Németh holds talks in Bucharest with Foreign Minister Mircea
Geoana, State Secretary Cristian Diaconescu, as well as with Mrs
Hildegard Puwak, Minister for European Integration and Romania's
Chief Negotiator with the EU, Mr. Vasile Puscas.
On April 4, 2001, Romanian Foreign Minister Mircea Geoana
holds talks in Budapest with Prime Minister Viktor Orbán and
Foreign Minister János Martonyi.
On May 2, 2001, Ambassador István Íjgyártó holds
consultations in the Romanian Foreign Ministry.
Expert-level consultations take place in Budapest on May 24,
2001. The Romanian delegation is headed by Bogdan Aurescu,
Head of the International Legal Department of the Romanian
Foreign Ministry, while the Hungarian delegation is headed by
Mátyás Szilágyi, Head of the Department in charge.
On May , Foreign Ministers János Martonyi and Mircea
Geoana hold separate bilateral talks at the margins of the Budapest
meeting of the North Atlantic Council.
Foreign Ministers János Martonyi and Mircea Geoana meet in
Milan on June 22, 2001.
On July 12-13,2001, Foreign Minister János Martonyi holds
talks in Bucharest with Prime Minister Adrian Nastase and Foreign
Minister Mircea Geoana.
3) Hungarian-Yugoslav consultations
On May 7-8, 2001, Rasim Ljajic, Yugoslav Federal Minister for
Minority Affairs holds talks in Budapest with Foreign Minister
János Martonyi, Political State Secretary Zsolt Németh, János
Báthory, Head of the Office for National and Ethnic Minorities and
Kinga Gál, Deputy Head of the Office for Hungarians living abroad.
On May 15-16, 2001 Political State Secretary Zsolt Németh
holds talks in Belgrade with President Vojislav Kostunica and
Rasim Ljajic, Federal Minister for Minority Affairs.
On June 20, 2001, Presidents Ferenc Mádl and Vojislav
Kostunica meet in Budapest. Upon the initiative of Foreign minister
Goran Svilanovic, a separate bilateral meeting is held with Foreign
Minister János Martonyi.
On July 5, 20, Administrative State Secretary Iván Bába holds
talks in Belgrade with Foreign Minister Goran Svilanovic.
4) Hungarian-Ukrainian consultations
Hungarian-Ukrainian consultations are held at the level of
Director General of the Ministry of Foreign Affairs in Budapest on
January 18-19, 2001.
The 10th meeting of the Hungarian-Ukrainian Joint Committee
on Minority Issues is held in Kyiv on April 3-4, 2001.
On June 18, 2001, Tibor Szabó, Head of the Department for
Hungarians living abroad holds talks in Ungvár (Uzhgorod) with
Grigory Sereda, Director of the Office for National and Ethnic
Minority Issues of the Ukrainian Ministry of Justice.
On July 4-5, 2001, Deputy State Secretary Csaba Lõrincz holds
talks in Kyiv with Deputy Foreign Minister Igor Harchenko.
5) Hungarian-Croatian consultations
On May 28,2001, György Csóti, Hungarian Ambassador to
Croatia briefs Croatian Deputy Foreign Minister Nenad Prelog.
On July 10, Deputy State Secretary Csaba Lõrincz and Deputy
Foreign Minister 20 Nenad Prelog meet in Budapest.
6) Hungarian-Slovak consultations
Prime Ministers Viktor Orbán and Mikulas Dzurinda meet in
Budapest on April 23, 2001.
On May 15, 20, Administrative State Secretary Iván Bába
holds talks with Slovak State Secretary for Foreign Affairs Ján Figel
at the 3rd meeting of the Joint Committee on integration and foreign
policy issues held in Bratislava.
On June 5, 20, Miklós Boros, Hungarian Ambassador to
Slovakia holds talks with Milan Soth, Head of Department of the
Slovak Foreign Minister responsible for bilateral issues.
On June 15, 20, Foreign Minister János Martonyi and
Political State Secretary Zsolt Németh have talks in Budapest with
Jaroslav Chlebo, Slovak State Secretary for Foreign Affairs.
VII
ACT LXII OF 20 ON HUNGARIANS LIVING
IN NEIGHBOURING COUNTRIES*
* Adopted by Parliament on 19 June 2001.
Parliament
* In order to comply with its responsibilities for Hungarians
living abroad and to promote the preservation and development of
their manifold relations with Hungary prescribed in paragraph (3) of
Article 6 of the Constitution of the Republic of Hungary,
* Considering the European integration endeavours of the
Republic of Hungary and in-keeping with the basic principles
espoused by international organisations, and in particular by the
Council of Europe and by the European Union, regarding the
respect of human rights and the protection of minority rights;
* Having regard to the generally recognised rules of
international law, as well as to the obligations of the Republic of
Hungary assumed under international law;
* Having regard to the development of bilateral and
multilateral relations of good neighbourhood and regional co-
operation in the Central European area and to the strengthening of
10the stabilising role of Hungary;
* In order to ensure that Hungarians living in neighbouring
countries form part of the Hungarian nation as a whole and to
promote and preserve their well-being and awareness of national
identity within their home country;
* Based on the initiative and proposals of the Hungarian
Standing Conference, a co-ordinating body functioning in order to
preserve and reinforce the awareness of national self-identity of
Hungarian communities living in neighbouring countries;
* Without prejudice to the benefits and assistance provided by
law for persons of Hungarian nationality living outside the
Hungarian borders in other parts of the world; Herewith adopts the
following Act:
CHAPTER I
GENERAL PROVISIONS
Scope of the Act
Article 1
(1) This Act shall apply to persons declaring themselves to
be of Hungarian nationality who are not Hungarian citizens and who
have their residence in the Republic of Croatia, the Federal Republic
of Yugoslavia, Romania, the Republic of Slovenia, the Slovak
Republic or the Ukraine, and who
a) have lost their Hungarian citizenship for reasons other than
voluntary renunciation, and
b) are not in possession of a permit for permanent stay in
Hungary.
(2) This Act shall also apply to the spouse living together
with the person identified in paragraph (1) and to the children of
minor age
being raised in their common household even if these
persons are not of Hungarian nationality.
(3) This Act shall also apply to co-operation with, and
assistance to organisations specified in Articles 13, 17, 18 and 25.
Article 2
(1) Persons falling within the scope of this Act shall be
entitled, under the conditions laid down in this Act, to benefits and
assistance on the territory of the Republic of Hungary, as well as in
15their place of residence in the neighbouring countries on the basis of
the Certificate specified in Article 19.
(2) The provisions of this Act shall be applied without
prejudice to the obligations of the Republic of Hungary undertaken
in international agreements.
(3) The benefits and assistance claimable under this Act shall
not affect other existing benefits and assistance ensured by
legislation in force for non-Hungarian citizens of Hungarian nationality living in other parts of the world.
Article 3
The Republic of Hungary, in order to
a) ensure the maintenance of permanent contacts,
b) provide for the accessibility of benefits and assistance
contained
in this Act,
c) ensure undisturbed cultural, economic and family
relations,
d) ensure the free movement of persons and the free flow of
ideas,and taking into account its international legal obligations, shall
provide for the most favoured treatment possible with regard to the
entry and stay on its territory for the persons falling within the
scope of this Act.
CHAPTER II
BENEFITS AND ASSISTANCE AVAILABLE FOR
PERSONS FALLING WITHIN THE
SCOPE OF THIS ACT
Education, Culture, Science
Article 4
(1) In the field of culture, persons falling within the scope of
this Act shall be entitled in Hungary to rights identical to those of
Hungarian citizens. Accordingly, the Republic of Hungary shall
ensure for them in particular:
a) the right to use public cultural institutions and the
opportunity to use the services they offer,
b) access to cultural goods for the public and for research,
c) access to monuments of historic value and the related
documentation,
d) the research for scientific purposes of archive materials
containing protected personal data, if the neighbouring state where
the Hungarian individual living outside the borders has a permanent
residence is a party to the international convention on the protection
of personal data.*
* Act VI of 19 on the promulgation of the Convention on
the Protection of Individuals with Regard to Automatic
Processing of Personal Data, signed on 28 January 1981 in
Strasbourg.
(2) Persons falling within the scope of this Act shall be
entitled to use the services of any state-run public library, and to the
free of charge use of the following basic services:
a) visit of the library,
b) on-the-spot use of certain collections determined by the
library,
c) use of stock-exploring instruments,
d) information on the services of the library and of the
library system,
e) in the case of registration, borrowing of printed library
material in accordance with the regulations of the library.
(3) Further benefits with respect to the availability of
18services offered by state-run museums and public cultural
institutions to persons falling within the scope of this Act shall be
laid down in a separate legal rule.
Article 5
Hungarian scientists falling within the scope of this Act may
become external or regular members of the Hungarian Academy of
Sciences.
Distinctions and Scholarships
Article 6
(1) The Republic of Hungary shall ensure that persons falling
within the scope of this Act, in recognition of their outstanding
activities in the service of the Hungarian nation as a whole and in
enriching Hungarian
and universal human values, may be awarded distinctions of the
Republic of Hungary and may receive titles, prizes or honorary
diplomas founded by its Ministers.
(2) In the process of determining conditions for state
scholarships, the possibility to receive such scholarships shall be
ensured for persons falling within the scope of this Act.
Social Security Provisions and Health Services
Article 7
(1) Persons falling within the scope of this Act who, under
Article 15, work on the basis of any type of contract for employment
in the territory of the Republic of Hungary shall pay, unless
otherwise provided for by international agreements, health insurance
and pension contribution of an amount equal to that laid down in the
relevant Hungarian social security legislation to the authority
designated for this purpose in a separate legal rule. Those
contributions shall entitle such persons to health and pension
provision specified by a separate legal rule.
(2) Persons falling within the scope of this Act who are not
obliged to pay health insurance and pension contributions as
stipulated in paragraph (1) shall have the right to apply for
reimbursement of the costs of self-pay health care services in
advance. Applications shall be submitted to the public benefit
organisation established for this purpose.
(3) In cases requiring immediate medical assistance, persons
falling within the scope of this Act shall be entitled to such
assistance in Hungary according to the provisions of bilateral social
security (social policy) agreements.
Travel benefits
Article 8
(1) Persons falling within the scope of this Act shall be
entitled to travel benefits in Hungary on scheduled internal local and
long-distance lines of public transport. With regard to railways,
such benefits shall apply to 2nd class fares.
(2) An unlimited number of journeys shall be provided free of
charge for:
a) children up to six years of age,
(3) A % travel discount shall be provided on means of
internal long-distance public transport for:
a) persons identified in paragraph (1) four times a year,
b) a group of at least ten persons under eighteen years of age
travelling as a group and falling within the scope of this Act,
and two accompanying adults once a year.
(4) The detailed rules of travel benefits shall be laid down in a
separate legal rule.
Education
Article 9
(1) Persons falling within the scope of this Act, in accordance
with the relevant provisions of Act LXXX of 19 on Higher
Education applicable to Hungarian citizens, shall be entitled to
participate, according to the conditions specified in this Article, in
the following programmes of higher education institutions in the
Republic of Hungary:
a) undergraduate level college or university education,
b) supplementary undergraduate education,
c) non-degree programmes,
d) Doctor of Philosophy (PhD) or DLA programmes,
e) general and specialised further training,
f) accredited higher education level vocational training in a
school-type system.
(2) Students participating in state-financed full-time training
programmes specified in paragraph (1), shall be entitled to formula
funding on the one hand, and financial and other benefits in kind on
the other, both being part of the appropriations of budgetary
expenditure for students, as well as to the reimbursement of detailed
health insurance contributions provided by Act LXXX of 19 on
Higher Education. The detailed conditions of these forms of
assistance and further benefits shall be regulated by the Minister of
Education in a separate legal rule.
(3) Persons falling within the scope of this Act may pursue
studies in the higher education institutions of the Republic of
Hungary in the framework of state-financed training in a fixed
number to be determined annually by the Minister of Education.
(4) Students from neighbouring countries participating in
education programmes not financed by the state may apply for the
partial or full reimbursement of their costs of stay and education in
Hungary to the public benefit organisation established to this end.
Student Benefits
Article 10
(1) Registered students of a public education institution in a
neighbouring country who are pursuing their studies in Hungarian
language, or students of any higher education institution who are
subject to this Act are entitled to benefits available under the relevant
regulations to Hungarian citizens with student identification
documents.
(2) Entitlement to benefits specified in paragraph (1) shall be
recorded in the Appendix of the Certificate (Article 19) serving for
this purpose. The detailed rules of access to these benefits shall be
laid down in a separate legal rule.
Further Training for
Hungarian Teachers Living Abroad
Article 11
(1) Hungarian teachers living abroad, teaching in Hungarian
in neighbouring countries and falling within the scope of this Act
(hereinafter referred to as "Hungarian teachers living abroad") shall
be entitled to participate in regular further training in Hungary, as
well as to receive the benefits specified in paragraph
(2). Further training and the benefits shall be applicable to a
fixed number of teachers determined annually by the Minister of
Education.
(2) For the duration of further training and to the extent
stipulated by a separate legal rule, persons identified in paragraph
(1) shall be entitled to request the Hungarian educational institution
providing further training to
a) reimburse accommodation costs,
b) reimburse travel expenses, and
c) contribute to the costs of registration.
(3) The detailed rules of further training for Hungarian
teachers living abroad shall be regulated by a separate legal rule.
Article 12
(1) Hungarian teachers living abroad, falling within the
scope of this Act and those teaching in higher education institutions
in neighbouring countries (hereinafter referred to as "Hungarian
instructors living abroad") shall be entitled to special benefits.
(2) Benefits available to Hungarian teachers and instructors
living abroad shall be identical with the benefits related to Teacher
Identity Cards issued to teachers of Hungarian citizenship on the
basis of legislation in force.
(3) Entitlement to benefits specified in paragraph (1) shall be
recorded in the Appendix of the "Certificate of Hungarian
Nationality" serving for this purpose. The detailed rules of access to
these benefits shall be regulated in a separate legal rule.
Education Abroad in Affiliated Departments
Article 13
(1) The Republic of Hungary shall promote the preservation
of the mother tongue, culture and national identity of Hungarians
living abroad also by supporting the establishment, organisation and
operation of affiliated Departments of accredited Hungarian higher
education institutions in neighbouring countries.
The financial resources necessary for the realisation of these
goals shall be set out as targeted appropriations in the budget of the
Republic of Hungary. The Minister of Education shall decide on the
allocation of the available resources according to a separate legal
rule.
(2) The Republic of Hungary supports the establishment,
operation and development of higher education institutions
(faculties, study programmes, etc.) teaching in Hungarian and
seeking accreditation in neighbouring countries. Financial resources
required for the realisation of these goals may be applied for at the
public benefit organisation established for this purpose.
Educational Assistance Available in the Native Country
Article 14
(1) Parents falling within the scope of this Act and bringing
up at least two children of minor age in their own household may
apply for educational assistance for each of their children if:
a) the child attends an education institution according to
his/her age and receives training or education in Hungarian, and
b) the education institution specified in point a) is in the
neighbouring country of residence of the parents.
(2) Parents falling within the scope of this Act may receive
assistance for books and learning materials (hereinafter referred to as
"assistance for learning materials") if the child of minor age living in
their ownhousehold attends an educational institution in the
neighbouring country of residence of the parents and receives
education in Hungarian.
(3) Applications for assistance for education and learning
materials may be submitted to the public benefit organisation
established for this purpose. In the process of evaluating the
applications, the public benefit organisation shall request the
position, formulated with the consent of the Hungarian Minister of
Education, of the recommending body (Article 20) in the
neighbouring country concerned whether instruction and education
in Hungarian are ensured in the education institution in question.
(4) Persons falling within the scope of this Act may apply
for assistance for their studies at the higher education institutions of
neighbouring countries from the public benefit organisation
established for this purpose.
Employment
Article 15
(1) Persons falling within the scope of this Act may be
employed in the territory of the Republic of Hungary on the basis of
a permit. Work permits shall be issued under the general provisions
on the authorisation of employment of foreign nationals in Hungary,
with the exception that the work permit can be issued for a
maximum of three months per calendar year without the prior
assessment of the situation in the labour market. A separate legal
rule may allow for the issuing of work permits for longer periods of
time under the same conditions.
Article 16
(1) The persons concerned may apply to the public benefit
organisation established for this purpose for the reimbursement of
expenses related to the fulfilment of the legal conditions for
employment. These expenses include, in particular, the costs of
proceedings for the prior certification of the necessary level of
education, of specialised training and of compliance with
occupational health requirements.
(2) The detailed rules of the proceedings for the issuing of
work permits and the registration shall be regulated by a separate
legal rule.
Duties of the Public Service Media
Article 17
(1) Public service media in Hungary shall provide, on a
regular basis, for the gathering and transmission of information on
Hungarians living abroad and shall transmit information on Hungary
and the Hungarian nation to Hungarians living abroad. The purpose
of this information shall be:
a) the transmission of Hungarian and universal spiritual and
cultural values,
b) the forming of an unbiased picture of the world, of
Hungary and of the Hungarian nation,
c) the preservation of the awareness of national identity, of
the mother tongue and culture of the Hungarian minority
communities.
(2) The Republic of Hungary shall provide for the
production and broadcasting of public service television
programmes for the Hungarian communities living abroad through
the establishment and operation of an organisation devoted to such
purposes. The financial resources necessary for such programmes
shall be provided by the state budget.
Assistance to Organisations Operating Abroad
Article 18
(1) The Republic of Hungary shall support organisations
operating in neighbouring countries and promoting the goals of the
Hungarian national communities living in neighbouring countries.
(2) The organisations specified in paragraph (1) may apply to
the public benefit organisation established for this purpose and
operating in a lawful manner if their goals include, in particular, the
following:
a) the preservation, furtherance and research of Hungarian
national traditions,
b) the preservation and fostering of the Hungarian language,
literature, culture and folk arts,
c) the promotion of higher education of Hungarians living
abroad by facilitating the work of instructors from Hungary as
visiting lecturers,
d) the restoration and maintenance of monuments belonging
to the Hungarian cultural heritage,
e) the enhancement of the capacity of disadvantaged
settlements in areas inhabited by Hungarian national communities
living abroad to improve their ability to preserve their population and
to develop rural tourism,
f) the establishment and improvement of conditions of
infrastructure for maintaining contacts with the Republic of
Hungary,
g) the pursuance of other activities promoting the goals
specified in paragraph (1).
CHAPTER III
RULES OF PROCEDURE OF APPLICATION FOR
BENEFITS AND ASSISTANCE
"Certificate of Hungarian Nationality" and "Certificate
for Dependants of Persons of Hungarian Nationality"
Article 19
(1) Benefits and assistance specified in this Act may be
received by presenting either the "Certificate of Hungarian
Nationality" or the "Certificate for Dependants of Persons of
Hungarian Nationality", both of which may be issued under the
conditions specified in Article 20 at the request of persons of both
Hungarian and non-Hungarian nationality.
(2) From the Hungarian central public administration body
(hereinafter referred to as "the evaluating authority") designated by
the Government of the Republic of Hungary for this purpose:
a) persons of Hungarian nationality falling within the scope
of this Act may request a "Certificate of Hungarian Nationality" with
a photo,
b) a "Certificate for Dependants of Persons of Hungarian
Nationality" with a photo may be requested by spouses of non-
Hungarian nationality living together with persons specified in point
a) and children of minor age being brought up in the same
household, provided that:
the applicant meets the requirements set out in points a) and b)
of paragraph (1) of Article 1 and the recommending authority
specified in Article 20 has issued the recommendation; and neither
an expulsion order nor a prohibition of entry or stay, issued by the
competent Hungarian authorities on the basis of grounds determined
in a separate Act, is in effect against the applicant in Hungary; and
no criminal proceedings have been instituted against the applicant in
Hungary for intentional criminal offence.
(3) In addition to the requirements specified in paragraph (2),
the "Certificate for Dependants of Persons of Hungarian Nationality
" shall also be conditional upon whether the person of Hungarian
nationality entitling the dependants in question to submit an
application for the "Certificate for Dependants of Persons of
Hungarian Nationality" is already in the possession of, or entitled
to, a "Certificate of Hungarian Nationality". The withdrawal of the
"Certificate of Hungarian Nationality" shall entail the withdrawal of
the "Certificate for Dependants of Persons of Hungarian
Nationality".
Article 20
(1) The evaluating authority shall issue the "Certificate of
Hungarian Nationality" if the applicant is in the possession of a
recommendation which has been issued by a recommending
organisation representing the Hungarian national community in the
neighbouring country concerned, and being recognised by the
Government of the Republic of Hungary as a recommending
organisation, and which:
a) certifies, on the basis of a declaration made by the
applicant (or in the case of a minor by his/her statutory agent), that
the applicant is of Hungarian nationality,
b) certifies the authenticity of the signature of the applicant
and
c) includes the following:
ca) the application, photo and address of the applicant,
cb) the personal data to be recorded in the Certificate (Article
21),
cc) the name and the print of the official seal of the
recommending organisation, the name and signature of the person
acting on behalf of the recommending organisation,
cd) place and date of issue of the recommendation.
(2) The recommendation required for the issuing of the
"Certificate for Dependants of Persons of Hungarian Nationality"
shall certify, instead of the information specified in paragraph (1)
point a), the family relationship between the applicant and the person
of Hungarian nationality falling within the scope of this Act.
(3) The Government of the Republic of Hungary shall
recognise an organisation representing the Hungarian community in
the given neighbouring country as a recommending organisation if it
is capable of:
a) representing the Hungarian community living in the given
country in its entirety,
b) providing for the organisational and personnel conditions
for receiving and evaluating applications for recommendation.
Article 21
(1) The period of validity of the Certificate
a) shall expire on the day of the eighteenth birthday in the
case of minors,
b) shall be five years in the case of persons between 18 and
years of age,
c) shall be indefinite in the case of persons over years of
age.
(2) If the period of validity of the Certificate expires, the
proceedings specified in Articles 19-20 shall be repeated upon
request.
(3) The Certificate shall be withdrawn by the evaluating
authority if
a) the recommending organisation has withdrawn its
recommendation due to the submission of false data by the bearer of
the Certificate in the application process,
b) its bearer has been granted an immigration or permanent
residence permit,
c) its bearer has acquired Hungarian citizenship,
d) its bearer has been recognised as a refugee or temporarily
protected person by the authorities responsible for refugee matters,
e) its bearer has been expelled from the territory of the
Republic of Hungary, or a prohibition of entry or stay has been
issued against him/her,
f) criminal proceedings have been instituted against the
bearer in Hungary,
g) the Certificate has been used in an unauthorised way or
has been forged,
h) the family relationship entitling the bearer to use the
Certificate for Dependants has ceased to exist,
i) upon request by the bearer of the Certificate.
(4) The recommending organisation shall also be notified of
the final decision on the withdrawal of the Certificate.
(5) The Certificate shall contain the following data of the
entitled person:
a) family and given name (also the maiden family and given
name in the case of women) as it is used officially in the
neighbouring country of residence (in Latin script), and in the case
of persons of Hungarian nationality in Hungarian as well,
b) name of the place of birth as it is used officially in the
neighbouring country and in Hungarian,
c) date of birth and gender,
d) mother's name as it is officially used in the neighbouring
country of residence (in Latin script) and in the case of persons of
Hungarian nationality in Hungarian as well,
e) passport photo, citizenship or reference to stateless status,
f) signature in the entitled person's own hand, and
g) date of issue, period of validity and number of the
document.
(6) Notes and certifications required for access to benefits and
assistance available under this Act shall be recorded in the Appendix
to the Certificate.
(7) In order to ensure the authenticity of the Certificate and to
supervise the granting of benefits, the evaluating authority (for the
purpose of the application of these provisions: the data handling
organ) shall keep records of the data of the Certificates, the
identification marks in the Appendices, the foreign address of the
bearers, the family relationship entitling the bearer to the document,
the number and period of validity of the permit entitling to stay as
well as the data specified in paragraph (3). The data contained in the
records may be handled by the data handling organ until the
withdrawal or the expiry of the period of validity of the Certificate.
The data contained in the records may be forwarded to the
Hungarian Central Statistical Office (KSH) for statistical purposes.
Bodies responsible for providing and keeping records of benefits
and assistance may also receive those data for the purpose of
verifying entitlement and preventing abuse, and so may Courts in
charge of criminal proceedings, law enforcement bodies, national
security services and the alien policing authority.
(8) For the purpose of evaluating applications and examining
the existence of reasons for the withdrawal of the Certificate, the
evaluating authority may request information from the following
organs: a) the Central Registry of Aliens on whether the applicant is
subject to proceedings under the law on aliens, or on any order of
expulsion or prohibition on entry to and stay in Hungary against the
applicant, as well as on the details of the residence permit entitling
the applicant to stay in Hungary,
b) organs responsible for naturalisation on issues related to
the acquisition Hungarian citizenship,
c) the Central Registry of Refugees on recognition as a
refugee or temporarily protected person,
d) the Criminal Records Office on criminal proceedings in
process.
Article 22
(1) Proceedings of the evaluating authority shall be governed
by the provisions of Act IV of 19 on the General Rules of Public
Administration Procedures. The costs of public administration
procedures shall be covered by the State.
(2) The applicant may institute proceedings in Court against
a final administrative decision on the appeal against the first instance
decision regarding the issue or withdrawal of a Certificate by the
evaluating authority. The Court may alter the administrative decision
13and its proceedings shall be governed by the provisions of the Code
of Civil Procedure.
(3) The detailed rules of procedure of the evaluating
authority and the order of registration of the issued Certificates, as
well as the data content and form of the Certificates, shall be
regulated by a separate legal rule.
Use of Benefits on the Territory of the
Republic of Hungary
Article 23
(1) Hungarian persons living abroad shall be entitled to use
the benefits set out in Article 4, paragraph (1) of Article 7, Article 8,
Article 10, paragraph (2) of Article and Article 12 - under the
conditions determined in the aforementioned Articles - by
presenting their Certificates (Article 19) during their lawful stay in
the Republic of Hungary.
(2) The state-run organisations and institutions granting the
benefits specified in paragraph (1) and economic organisations
providing travel benefits shall receive the financial resources
necessary for granting these benefits out of the central state budget.
Application Procedures for Assistance Available in the
Republic of Hungary
Article 24
(1) The Government shall establish public benefit
organisation(s) in order to evaluate the applications of and distribute
assistance for persons (organisations) falling within the scope of this
Act.
(2) The founding document of the public benefit
organisation, taking into account the provisions of Act CLVI of
on Public Benefit Organisations, shall contain the goals of the
activities and the range of applications to be evaluated by it and shall
determine its main decision-making body as well.
(3) Applications for publicly advertised assistance under this
Act may be submitted to the respective public benefit organisation
competent according to their subject matter.
(4) Data and documents required in the advertisement by the
1respective public benefit organisation shall be attached to the
1applications.
(5) In the case of a favourable decision, the applicant and the
public benefit organisation shall conclude a civil law contract
containing the conditions of assistance and the amount thereof, as
well as determining the purpose of the use of assistance and the
rules of rendering accounts thereof.
(6) The financial resources required for the activities of such
public benefit organisation(s) shall be provided, on an annual basis,
in a separate group of appropriations of the central state budget.
Application Procedures for Assistance Available in Neighbouring
Countries
Article 25
(1) Requests (applications) for assistance regulated in this
Act may be submitted by persons (organisations) falling within the
scope of this Act to lawfully operating non-profit organisations
established in the neighbouring country of their permanent residence
(registered office) for this purpose (hereinafter referred to as
"foreign public benefit organisations")
(2) The civil law contract concluded between the public
benefit organisation established in Hungary and the foreign public
benefit organisation established for the evaluation of applications
and the granting of assistance shall contain the required range of
data, which are to be supported by documents, declarations,
planning or documentation, etc.
(3) The public benefit organisations operating in Hungary
shall evaluate the application based on the data specified in the civil
law contract as laid down in paragraph (2) and on the opinion of the
foreign public benefit organisation.
(4) Assistance shall be granted to applicants by the
Hungarian public benefit organisation on the basis of a civil law
contract. This contract shall determine the conditions of the
assistance and the amount thereof as well as the purpose of the use
of such assistance and the rules of rendering accounts thereof.
Central Registration of Assistance
Article 26
(1) For the purpose of co-ordinating the entire system of
assistance, a central registry of applications for assistance and the
relevant decisions made by public benefit organisations established
for their evaluation shall be set up. v
(2) The Government shall designate the central public
administration organ responsible for managing the records.
(3) The organ managing the records shall handle the
following data:
a) name, permanent address (registered office) and document
number of those submitting applications for assistance,
b) the type of assistance sought,
c) the amount of assistance granted.
(4) Data specified in paragraph (3) may be handled by the
organ managing the records for ten years from the date of the
granting of assistance.
(5) Data from the records shall be made available to public
benefit organisations established in Hungary and in the
neighbouring countries for the purpose of evaluating applications for
assistance, as well as to the central public administration organs of
Hungary responsible for providing the financial resources for
assistance.
CHAPTER IV
FINAL PROVISIONS
Article 27
(1) This Act shall enter into force on 1 January 2002.
(2) From the date of accession of the Republic of Hungary to
the European Union, the provisions of this Act shall be applied in
accordance with the treaty of accession of the Republic of Hungary
and with the law of the European Communities.
Article 28
(1) The Government shall be empowered to regulate by
decree:
a) the provisions on the assignment of the national public
administration organ entitled to issue, withdraw and register the
Certificates, as well as on the assignment of its superior organ, on
the definition of their competencies and on the rules of procedure of
the issuing, replacement, withdrawal and registration of such
Certificates,
b) the detailed rules of travel benefits for persons falling
within the scope of this Act,
c) the detailed rules related to the provision and use of
student benefits for persons specified in paragraph
(1) of Article 10 of this Act.
(2) The Government shall ensure the establishment of
Hungarian public benefit organisation(s) evaluating applications and
allocating assistance under this Act. The Government shall also
ensure the co-ordination of the activities of public benefit
organisations already operating for this purpose, the appropriate
modification of their founding documents and the reallocation of
resources in this framework.
Article 29
(1) The Minister of the Interior and the Minister of Foreign
Affairs shall determine in a joint decree, with respect to educational
assistance with the consent of the Minister of Education, the detailed
rules on registering the Certificates, as well as the requirements of
the content and form of the Certificates.
(2) The Minister of Economic Affairs shall:
a) determine, in a joint decree with the Minister for Foreign
Affairs, the rules of procedure and registration related to work
permits for Hungarians living abroad and designate the public
administration organ responsible for carrying out these duties,
b) be empowered to regulate by decree the conditions for
issuing work permits for a period longer than the one specified in
Article 15 of this Act with regard to employees falling within the
scope of this Act, or for a particular group of employees, in
consensus with the Minister for Youth and Sports Affairs in cases
involving professional sportspersons.
(3) The Minister of Foreign Affairs shall be empowered to
substitute his own declaration for the recommendation specified in
Article 20 of this Act in cases deserving exceptional treatment on
grounds of equity in the course of proceedings of the evaluating
authority designated in Article 19, and furthermore in cases where
the proceedings specified in paragraph (1) of Article 20 are impeded,
to ensure the smooth conduct of administrative proceedings.
(4) The Minister of National Cultural Heritage shall
determine by decree the detailed rules of benefits available to
Hungarians living abroad with respect to the use of the services
provided by museums and public cultural institutions.
(5) The Minister of Education, with the consent of the
Minister of Foreign Affairs, shall determine by decree the detailed
rules on further training for Hungarian teachers living abroad, as
well as detailed rules on the benefits set out in Article 9, Article
and 12, paragraph (1) of Article 13 and Article 14 of this Act,
including the extent of such assistance.
********
References:
Note:
All of these titles could be found on the Corvinus Library Home Page:
http://www.hungary.com/corvinus
Status Law: *Act for Hungarians in Neighbouring Countries
Magyarody, S. J. (ed.):* Autonomy in Europe - A book of laws of autonomy
Balogh, Sándor: *Autonomy and the New World Order
Borsody, S.: *The Hungarians: A Divided Nation
Chaszar, E.: *The International Problem of National Minorities
Benes,E.: *Czechoslovakia: decrees of Edward Benes, 19-19
Janics, Kalman: *Czechoslovak Policy and the Hungarian Minority
Kiraly-Pastor-Sanders: * A Case Study on Trianon
Macartney, C. A.: *Hungary - A Short History
Macartney, C. A.: *Hungary and Her Successors - The Treaty of Trianon
Montgomery, John Flournoy: *Hungary - The Unwilling Satellite
*Treaty of Peace Between the AlliedPowers and Hungary - Trianon june 4,10
Balogh, Sándor: Separating Myths and Facts in the History of Transylvania
Balogh, Sándor: Transylvania: Balkan or Europe?
Biro, Sandor: The Nationalities Problem in Transylvania
Bonsal, Stephen: Suitors and Suppliants
Borsody, Stephen: The New Central Europe
Chaszar, E.: The Czechoslovak-Hungarian Border Dispute of 19
C.of Europe report: The Csángó Minority Culture in Moldavia
Cseres, T.: Serbian Vendetta in Voivodina (Yugoslavia)
Dupka, Gy. (ed.) Genocide - The Tragedy of the Hungarians of Transcarpathia
Kiraly, B. K. (ed.): The Hungarian Minority's in Ceausescu's Romania
Kapronczay, Karoly: Refugees in Hungary: Shelter from Storm during
Kosztin, A.: Cronicle of Cruelties - Romanian Mistreatment of the Hungariansv
Kosztin, A.: The Daco-Roman Legend
Palotas, Z.: Borders of Trianon
Magyarody, S. J. (ed.): The Tsangos of Romania: The Hungarians in Moldavia
Tánczos, Vilmos: Csángos in Moldavia
Wojatsek: From Trianon to the First Vienna Arbitral Award
