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Title: ハンガリーにおける新国民形成と地位法の制定
Other Titles: The Status Law and New Nation Building in Post-communist Hungary
Authors: 家田, 修1 Browse this author →KAKEN DB
Authors(alt): Ieda, Osamu1
Issue Date: 2004
Publisher: 北海道大学スラブ研究センター
Journal Title: スラヴ研究
Journal Title(alt): Slavic Studies
Volume: 51
Start Page: 157
End Page: 207
Abstract: The article aims to analyze the Hungarian law entitled "Hungarians living in the neighboring countries." The law was established in June 2001 to influence the "status" of the Hungarian Kin-minorities living in neighboring countries through providing "positively discriminatory" instruments, such as Hungarian certificates, work permission in kin-state Hungary, and various benefits and grants including scholarships, subsidies, free transportation in Hungary, and so on. The Status law was widely criticized for its instrumental inadequacy by the opposition in the domestic political arena, for its revisionist appearance by the other East European countries, and for its provoking conflicts with the neighboring countries by the European community. From a legal aspect, it was also blamed for extraterritoriality, however, the law, in turn, could be challenging enough to induce controversies over the relationship between nationality and citizenship in a nation-state. Another perspective of the Status law controversy was that of "Meso-areas." Namely, Meso-areas are changing regional identities, and the law can be a product of the East European Meso-area, because Hungary was not the only country which established legislation concerning a kin-minority abroad; among other similar legislations, including, for example, the Resolution of the Slovenian Parliament on the status and situation of the Slovenian minorities living in neighboring countries and the duties of the Slovenian State and other bodies in this respect (27 June, 1996); the Act on Expatriate Slovaks and changing and complementing some laws (14 February, 1997); Public Order of 15-29 April, 1998, on the Conditions, Duration and Procedure for the delivery of a Special Identity Card to Albanian citizens of Greek origin; the Law regarding the support granted to the Romanian communities from all over the world (15 July, 1998); and the Law for the Bulgarians living outside the Republic of Bulgaria (11 April, 2000). The article focuses, however, not only on these aspects but also on the context of the nation-building policies carried by the FIDESZ government led by Viktor Orban from 1998 to 2002. The Status law was, eventually, a significant and finishing part of its "national policies" which began with the law aiming at the restoration of the Hungarian Crown of St. Istvan, adapted by the Hungarian Parliament in the end of 1999 and implemented on the first day of the third millennium, 1st January, 2000. The pre-history of the Status law was, though starting in 1980s in the long run, directly the kin-minority policy of the Hungarian Democratic Forum government from 1991 to 1994, the first post-communist government in Hungary. The premier, Jozsef Antall declared that his government was not only that of the Republic of Hungary, but also for the 15 millions of Hungarians. This sounded almost like a revisionist ambition to the ears of the neighboring countries. Hungary was, although having no territorial or border change requirements against them, headed for not a civic society formation but a new nation building through the integration of the kin-minorities living in the surrounding "nationalizing states." In this context, Hungary was also a nationalizing kin-state as many other East European countries. It is common sense in Eastern Europe that almost all countries in the region prescribed a phrase in their Constitution, which explicitly address their responsibility to their kin-minorities abroad, and many of the countries actually established legislations to realize the Constitutional obligation that we have mentioned above. In this context, the Orban government was, first of all, the logical successor of the Antall cabinet. The successor was, however, not a simply reproduced one, but a multi-faced descendant, because the FIDESZ government had to accommodate their new nation building policy into another fundamental policy, that is accession for EU membership. In other words, their nation building should be consistent with the EU integration as well as their doctrines. In this perspective, the premier, V. Orban, and his government had emphasized their nation building as a contribution for realizing "borderless Europe," namely an organic part of the supra-national EU integration. St. Istvan, the first king of Hungary, and the Crown was, according to the FIDESZ interpretation, the national symbol of Hungarian participation into the European integration in Christianity in the Medieval Age, and the Hungarian national community, integrating its kin-minorities over the state borders, could be a part of the new "European community of the communities." The article draws a comprehensive picture of the Hungarian Status Law, beginning with the concept of "national policy" of the Orban government and ending with its failure via the regional and European controversies over the law.
Type: bulletin (article)
Appears in Collections:スラヴ研究 = Slavic Studies > 51

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