The Hungarian Status Law: Nation Building and/or Minority Protection

Transcription

1 21st Century COE Program Slavic Eurasian Studies Ho A The Hungarian Status Law: Nation Building and/or Minority Protection Edited by Zoltan Kantor, Balazs Majtenyi, Osamu leda, Balazs Vizi, Ivan Halasz SLAVIC RESEARCH CENTER, HOKKAIDO UNIVERSITY SAPPORO 2004

2 The Hungarian Status Law: Nation Building and /or Minority Protection eds.: Zoltan Kantor, Balazs Majtenyi, Osamu Ieda, Balazs Vizi, Ivan Halasz Introduction (the editors) I. Historical Approaches Chapter 1 Chapter 2 Post-communist Nation Building and the Status Law Syndrome in Hungary Ieda, Osamu 3 The History of Relations Between Hungarian Governments and Ethnic Hungarians Living Beyond the Borders of Hungary Bardi, Nandor 58 II. Social Scientific Approaches Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Citizenship and Ethnicity: The Hungarian Status Law Schopflin, George 87 Status Law and 'Nation Policy': Theoretical Aspects Kantor, Zoltan 105 The Hungarian Status Law: A New European Form of Transnational Politics? Stewart, Michael 120 The Status Law: Hungary at the Crossroads Kis, Janos 152 Fuzzing Citizenship, Nationalising Political Space: A Framework for Interpreting the Hungarian 'Status Law'as a New Form of Kin-state Policy in Central and Eastern Europe Fowler, Brigid 177 Dual Citizenship and Policies toward Kin-Minorities in East-Central Europe: A Comparison between Hungary, Romania and the Republic of Moldova Iordachi, Constantin 239 Nationalist Strategies and European Integration Csergo, Zsuzsa - Goldgeier, James 270 The Status Law in the Hungarian-Slovakian Context Kusy, Miroslav 303 vii

3 III. Legal Approaches Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 Chapter 17 Chapter 18 Chapter 19 Hungary's Controversial Status Law Kupper, Herbert 313 A New Regime of Minority Protection? Preferential Treatment of Kin-minorities under National and International Law Halasz, Ivan - Majtenyi, Balazs - Vizi, Balazs 328 The Kin-State and Its Minorities: Which European Standards? The Hungarian Status Law: Its Antecedents and Consequences Weber, Renate 350 What Did the Venice Commission Actually Say? Solyom, Laszlo 365 Connections of Kin-minorities to the Kin-state in the Extended Schengen Zone T6th,Judit 371 The Hungarian Legislation on Hungarians Living in Neighbouring Countries Gal, Kinga 396 An Analysis of the 'Act on Hungarians Living in Neighbouring Countries' and the Validity of Measures Protecting and Promoting the Culture and Identity of Minorities Outside Hungary de Varennes, Fernand 411 The Characteristics of Cultural Minority Rights in International Law - With Special Reference to the Hungarian Status Law Felfoldi, Eniko 430 Legislative Aspects and Political Excuses: Hungarian-Romanian Disagreements on the 'Act on Hungarians Living in Neighbouring Countries' Varga,AttiIa 461 Chronology 475 Documents 497 Hungarian Status Law Act LXII of 2001 on Hungarians Living in Neighbouring States (in Hungarian, 19 June 2001)

4 2. Act LXII of 2001 on Hungarians Living in Neighbouring States (19 June 2001) 3. Act LXII of 2001 on Hungarians Living in Neighbouring States (the consolidated text inclusive of amendments passed by the Parliament on 23 June 2003) Hungarian Standing Conference Closing Document of the Second Meeting of the Hungarian Standing Conference (Budapest, 12 November 1999) 5. Final Statement of the December 2000 Session of the Hungarian Standing Conference (Budapest, 14 December 2000) 6. Declaration (Budapest, 27 June 2001) 7. Final Statement of the Fourth Session of the Hungarian Standing Conference (Budapest, 26 October 2001) 8. Final Statement of the Fifth Session of the Hungarian Standing Conference (Budapest, 17 July 2002) 9. Final Statement of the Sixth Session of the Hungarian Standing Conference (Budapest, 17 November 2002) 10. Final Statement of the Seventh Session of the Hungarian Standing Conference (Budapest, 24 May 2003) Bilateral Instruments Memorandum of Understanding between the Government of the Republic of Hungary and the Government of Romania Concerning the Law on Hungarians Living in Neighbouring Countries and Issues of Bilateral Co-operation (Budapest, 22 December 2001) 12. Agreement between the Government of Romania and the Government of the Republic of Hungary (Bucharest, 23 September 2003) International Organizations 550 Council of Europe 13. Report on the Preferential Treatment of National Minorities by Their Kin-state [CDL-INF (2001) 19, English only] (Strasbourg, 22 October 2001) 14. Council of Europe Parliamentary Assembly. Preferential Treatment of National Minorities by the Kin-State: The Case of the Hungarian Law of 19 June 2001 on Hungarians Living in Neighbouring Countries ('Magyars') [Doc. 9813] (Toshev, 22 May 2003) 15. Council of Europe Parliamentary Assembly. Resolution 1335 (2003): Preferential Treatment of National Minorities by the Kin-state: The Case of the Hungarian Law on Hungarians Living in Neighbouring Countries ('Magyars') of 19 June 2001 (25 June 2003) 16. Explanatory Memorandum to Resolution 1335 (Jiirgens, 2003)

5 Organization for Security and Cooperation in Europe (OSCE) 17. Sovereignty, Responsibility, and National Minorities (Rolf Ekeus, OSCE High Commissioner on National Minorities, Hague, 26 October 2001) 18. High Commissioner Warns of Hungarian 'Status Law' Precedent. (Rolf Ekeus, OSCE High Commissioner on National Minorities, Hague, 24 June 2003) European Union 19. Report on Hungary's Application for Membership of the European Union and the State of Negotiations (European Parliament Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, 9 July 2001) (extracts) 20. European Parliament Resolution on Hungary's Application for Membership of the European Union and the State of Negotiations, 5 September 2001 (extracts) 21. European Commission Regular Report on Hungary's Progress towards Accession 2001 (extracts) 22. European Commission Regular Report on Hungary's Progress towards Accession 2002 (extracts) 23. Giinter Verheugen's Letter to Hungarian Prime Minister Peter Medgyessy, (5 December 2002) 24. European Commission Comprehensive Monitoring Report on Hungary's Preparations for Membership 2003 (extracts) Status Laws of Neighbouring Countries Resolution on the Position of Autochthonous Slovene Minorities in Neighbouring Countries and the Related Tasks of State and Other Institutions in the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No /1996) 26. Law No. 70/1997 from 14 February 1997 on Expatriate Slovaks and Changing and Complementing Some Laws 27. Law 150/1998 Regarding the Support Granted to the Romanian Communities from All Over the World Bibliography 604 Index 613 Authors 626