Could PM Orbán’s Fidesz really expel Hungarian nationals who hold dual citizenship?
The Hungarian government is proposing a constitutional amendment that could allow the expulsion of Hungarian nationals with dual citizenship if deemed a national security threat. Critics warn the law may violate international agreements and be used for political purposes, while the government argues it strengthens sovereignty protections.
New constitutional amendment
As we’ve reported earlier this week, the Hungarian government’s proposed constitutional amendment could allow the expulsion of Hungarian nationals with dual citizenship if deemed a national security threat. Fidesz faction leader Máté Kocsis claims foreign influence is increasing through NGOs, media, and financial aid, prompting stricter sovereignty protections. The amendment, part of an “Easter clean-up,” aims to curb such interference by expanding government powers. While details remain unclear, the law could have wider implications for foreigners in Hungary, particularly those engaged in civic or political activities, raising concerns over its potential impact on residency and citizenship rights.
Photo: MTI/Máthé Zoltán
Legal and human rights concerns?
According to Index, many argue that the proposed amendment raises serious legal and human rights concerns, as international agreements, including the European Convention on Human Rights, prohibit the expulsion of citizens from their own country. Opposition figures such as Klára Dobrev warn that if Hungary proceeds with this legislation, it may face pressure to withdraw from the Council of Europe. Péter Márki-Zay, a politician with both Hungarian and Canadian citizenship, suggested the law could be used to target political opponents rather than genuine security threats.
Meanwhile, Foreign Minister Péter Szijjártó defended the proposal, drawing parallels with the US Magnitsky Act, which sanctions individuals for corruption and human rights violations. The amendment’s vague wording has also sparked debate over who might be affected, particularly whether it would apply to Hungarian-born citizens who later acquired a second nationality. As details remain uncertain, concerns persist about the potential misuse of the law for political purposes.
Hungarian nationals with dual citizenship face serious changes
The proposed amendment to the Hungarian Fundamental Law marks a significant shift in legal protections for Hungarian nationals with dual citizenship, overturning the constitutional ban on expelling citizens from the country. The existing framework, reinforced by the Seventh Amendment in 2018, had prohibited collective expulsion and ensured that Hungarian citizens could not be forcibly removed. Critics, including former Justice Minister Péter Bárándy, argue that the new amendment violates constitutional principles and introduces unlawful discrimination by distinguishing between Hungarian citizens based on their dual citizenship status.
Legal experts also highlight concerns over international law, as the European Convention on Nationality discourages discrimination against individuals based on how they acquired their citizenship. Furthermore, the European Court of Human Rights has consistently ruled against measures that impose unjustified restrictions on rights. If passed, the amendment could create legal conflicts with international human rights obligations and set a precedent for differential treatment of Hungarian nationals, raising concerns about the broader implications for citizenship rights in Hungary.
Fidesz issues clarification on the matter
The Fidesz parliamentary group issued a clarification, emphasising that Hungarian nationals with dual citizenship would face expulsion only after the suspension of their Hungarian citizenship. According to the statement, the amendment introduces a legal framework allowing for the temporary suspension of citizenship in cases where an individual’s presence in Hungary is deemed a threat to public order, public security, or national security. However, the exact criteria for such suspensions will not be specified in the Fundamental Law but outlined in a separate cardinal law. Notably, the amendment exempts citizens of states with the right to free movement and residence within the EU.
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This whole saga is a complete disgrace. I’m relieved to have now left the country.