What does this mean for Hungarians living in Germany with dual citizenship? And what is the legal situation in the EU and in Germany?
When is there a risk of losing Hungarian citizenship?
The proposal, which was recently submitted to the Hungarian parliament, comes from the ruling party Fidesz under Viktor Orbán.
According to the law, it will be possible to suspend Hungarian citizenship in the future. This is the case if the authorities believe there is a threat to public order or national security.
In detail, it states that Hungarian citizenship can be revoked if a person "acts in the interests of a foreign power or a foreign organization, realizes the goals of a foreign power or foreign organization" and thereby represents "a danger to public order and security" in Hungary.
If a person has lost their Hungarian citizenship, the authorities would be allowed to expel them from the country.
According to the draft law, the withdrawal should not be permanent, but temporary - for a maximum of ten years.
Do Hungarians living in Germany have anything to worry about?
According to the draft, there is no immediate danger for Hungarians living in Germany with exclusively European dual citizenship. The new law only applies to people with a second nationality outside the EU or the European Economic Area.
Persons with an EU nationality or a second nationality in Norway, Iceland, Liechtenstein or Switzerland are exempt from the rule.
Law unique in the EU
Similar to other EU countries, the revocation of citizenship in Hungary is currently only possible within very narrow limits. For example, Hungarians can voluntarily give up their citizenship if they naturalize in another country.
A temporary suspension of citizenship - as the new law now proposes - is unique in the EU.
Can German citizenship be revoked?
In Germany, too, citizenship can only be revoked in very strict exceptional cases. This is because German citizenship law is enshrined in the Basic Law (GG) and the Citizenship Act.
This means that the German passport may not be withdrawn, but can only be lost on the basis of a law and only if the person concerned does not become stateless as a result.
Possible reasons for the loss of German citizenship are
- Voluntary renunciation of German citizenship (if you have a second citizenship)
- Joining foreign armed forces: Anyone who has another nationality in addition to German and joins the military service of that country without the permission of the Federal Ministry of Defense may lose their German citizenship.
- Terrorist combat operations abroad — unless the person would then be stateless.
- Deceit, threats or bribery: Anyone who has acquired German citizenship by deceit, threats or bribery or by deliberately providing false information may have it revoked.
Does the law mean Hungary is turning further away from the EU?
This is not the first time that Orbán has gone against the laws and against the laws and values of the EU. He recently spoke publicly at a conference that Hungary would leave the EU"as soon as the disadvantages of EU membership clearly outweigh the advantages."
Particularly explosive: Orbán has been using authoritarian means to fight his critics for years. He regularly justifies his actions by claiming that these groups are harming the country. He also accuses them of acting in the interests of foreign states or powers- without any solid evidence. The new law would therefore enable him to expel precisely these critics from the country under certain circumstances.
The Orbán government has already been criticized in the past for violations of the rule of law, restrictions on press freedom and a controversial judicial reform. This is one of the reasons why the EU has withdrawn or temporarily frozen some of Hungary's funding.
