Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 1, pp. 339-352
Language of the paper: English
Review Article
udk: 323.1(439)
doi: 10.5937/zrpfns52-15954
Author:
Csaba Cservák, Ph.D., Associate Professor
Károli Gáspár University of the Hungarian Reformed Church
Budapest
cservak.csaba@kre.hu
Abstract:
National and ethnic minorities may be granted personal rights, collective rights and – the greatest benefit – autonomy. Autonomy itself can range from territorial to personal. The legitimacy of the former arises especially where members of an ethnic minority are living together in a territorial block, forming the majority population there. While countries tend to show less reluctance in granting personal autonomy, the notion of territorial autonomy often causes strong aversion. The new Fundamental Law of Hungary has received numerous attacks from the political landscape of Europe, partly from legal professionals, but mainly from politicians. Act CLXXIX of 2011, the legislation currently in effect on national and ethnic minority rights states that „cultural and linguistic diversity are wellsprings of prosperity, rather than division, and Hungary considers the cultural feats of its national minorities an organic part of its cultural heritage”. We can effectively proclaim with a certain sense of pride that Hungarian legislation practically realises cultural autonomy. The current law names the following communal (collective) national minority rights. The new electoral law of Hungary has managed to settle an old debt in creating the possibility of preferential parliamentary representation. National self-governments may run a national minority list, allowing voters to cast their ballots here, instead of traditional party lists.
Keywords:
ethnic minorities, personal rights, collective rights, autonomy, new Fundamental Law of Hungary, self-governments, parliamentary representation.