Hungarian parliament adopts law on suspending citizenship on grounds of being a threat to public order or national security

In the future, dual citizens who pose a threat to Hungary's public order, public safety, or national security may have their Hungarian citizenship suspended. The Hungarian parliament passed a bill on Wednesday with 133 votes in favor, 48 against, and 6 abstentions. Under the bill, proposed by Fidesz MP János Halász, even Hungarian-American businessman, George Soros may have his Hungarian citizenship suspended, as Gergely Gulyás hinted at during a government press briefing in March.

According to the freshly adopted bill, 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.

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.

According to the law, before suspending a person's citizenship, the authorities must take into account their existing ties to Hungary, the impact of the suspension on their personal and family life, the time that has elapsed since the behavior leading to the suspension, and the person's current life situation.

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 minister has the right to conduct an investigation for the purpose of clarifying the facts and may request the opinion of the National Information Center and the police.

The person whose Hungarian citizenship was suspended must be informed about the decision, and the same should also be published in the Official Gazette. The citizen concerned may appeal against the decision within 30 days, which will be reviewed by the Supreme Court within 30 days by way of administrative proceedings.

The bill also stipulates that if an individual provides credible evidence during the period of suspension that the restoration of their Hungarian citizenship does not pose a threat to public order, public security or the national security in Hungary, then their Hungarian citizenship may be restored. The decision on the restoration of citizenship is also to be taken by the designated minister, and according to the law, reinstatement can only be requested once during the period of suspension. The proposal also includes a provision that if the person concerned should become stateless in the meantime, their Hungarian citizenship will be reinstated.

The law will enter into force on the tenth day after its promulgation.

The President's daughter also condemned the proposal

It was in February that the pro-government newspaper Magyar Nemzet reported that Viktor Orbán had floated the idea at a meeting of the Fidesz-KDNP parliamentary group in Balatonfüred suggesting that anyone who had received funding through USAID should be expelled from Hungary. Speaking at government briefing shortly afterwards, Gergely Gulyás, Minister of the Prime Minister's Office, claimed that this had no foundation in reality and that Hungarian citizens could not simply be expelled because they would then become stateless. However, he also acknowledged that a draft bill was being prepared and that individuals with multiple citizenships, ma indeed be subjects to expulsion.

“The press worked with great accuracy on this,”

Gulyás replied in March when asked whether the proposed law could affect George Soros.

The path for the newly adopted law was cleared by an amendment to the Fundamental Law in April. The rock-solid document states that although no one can be deprived of the Hungarian citizenship they possess by virtue of birth or have legally acquired, “the citizenship of Hungarian citizens who also hold the citizenship of another state may be suspended for a definite period of time as specified by cardinal law.” According to the amendment, persons affected by the suspension will lose their Hungarian citizenship for the duration of the suspension.

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.

According to international lawyer and professor emeritus at the CEU in Vienna, Boldizsár Nagy, the provision of the Fundamental Law on the suspension of Hungarian citizenship is incomprehensible, impossible to implement and incompatible with fundamental rights.

“It's as absurd as discussing the colour of bald angels' hair,”

the lawyer told Telex.

International lawyers from Hungary have expressed their objection to the constitutional amendment in a statement which was also signed by the daughter and son-in-law of Hungarian President Tamás Sulyok. "In our view, the suspension of citizenship is an unprecedented concept in international law, which may easily be misused. The expulsion of a state's own citizens from their home country may amount to a form of exile and inhumane treatment, and may be contrary to the human rights conventions binding the state concerned", their statement said.