The official position of Fidesz - Hungarian Civic Party on the projected amendment on the Act on Hungarians Living in Neighbouring Countries ("Status Law")

Dátum: 2002-11-21 15:49:00, eredeti URL: http://archiv.fidesz.hu/index.php?Cikk=5971
KCMDB-be feltöltve: 2024-05-04 17:55:14.088874, Feltöltő: fidesz_hu_scraper_v2

The Hungarian Parliament adopted Act LXII of 2001 on the Hungarians Living in Neighbouring Countries by a 93 % majority in June 2001, taking effect in January 2002. During the implementation phase, some minor modifications have proven necessary, mostly in accordance with the recommendations of the Venice Commission of the Council of Europe of October 2001 and the Hungarian-Romanian Memorandum of Understanding of December 2001. Fidesz has acknowledged the necessity of these technical amendments. In fact, the Orbán-government submitted a draft text to Parliament in May 2002 which provided for these technical modifications. The new government withdrew this motion and insisted on introducing a draft amendment itself.

Since then, Fidesz had repeatedly stated that the modifications could not touch upon the substance of the Law and its original aim must be preserved. To that end, Fidesz was insisted to the principle that only the Hungarian Standing Conference (the regular consultation forum composed of the representatives of the Hungarian government, the parliamentary parties and the Hungarian organisations/parties abroad, abbreviated as MÁÉRT) had the legitimacy to approve the amendment of the Law.

The sixth Hungarian Standing Conference, held 17 November 2002, yielded encouraging results. There has been no substantial cut in the text, which can thus be considered a technical modification more or less in line with the amendment worked out by the Orbán-government. The following decisions have been made concerning the projected amendments:

Educational assistance: Fidesz welcomes the fact that the scheme of educational assistance, provided by Hungary to families whose children received education in Hungarian in their respective countries, has now been extended to include families with a single child. (According to the original text of the Law, families falling within the scope of the Law were eligible for educational assistance in case of two or more of their children receiving Hungarian education.) The Final Declaration of MÁÉRT on 17 November 2002 concluded that, according to the general rule, the subjects of the educational assistance are the children themselves, by way of their parents or legal representatives. However, the Hungarian Standing Conference has accepted the request of the Hungarian Coalition Party in Slovakia and concluded that parental or teachers' associations working at the respective educational facilities may be considered recipients (but not subjects) of the benefits.

Employment: The Hungarian Standing Conference has agreed that, contrary to the Law's original text, the general Hungarian regulations relating to the employment of foreign nationals are to be followed as far as the employment of the persons falling within the scope of the Law is concerned. Nevertheless, international agreements may regulate the issue otherwise.

Eligibility certificates: The Final Declaration of 17 November 2002 also stipulated that eligibility for the benefits must continue to be determined by the possession of the Certificate of Hungarian Nationality and the Certificate for Dependants of Persons of Hungarian Nationality. As far as the issuance of these Certificates is concerned, the government will regulate the question upon consulting with the Hungarian organisations represented in MÁÉRT on what organisations to include in the practical implementation of the Law.

Fidesz expects the Medgyessy-government to submit a draft amendment to Parliament based on the document signed on 17 November. Under the Final Declaration, the MÁÉRT commission of experts must be convened if the draft amendment to be introduced by the government deviates from the principles outlined in this agreement.

Nothwithstanding the text of the Law, however, the government must also provide the necessary financial backing for implementation, and the indications in this latter respect are less encouraging. According to the recent budgetary proposal introduced by the cabinet to the parliament, the resources allocated for the benefits proper (approx. HUF 1,2 bn, or less than € 5 million) are far from even approaching the demands of the ministries related to the implementation of the Law (totalling about HUF 6 bn, or € 24 million). At the same time, overall budgetary support for the Hungarians abroad would be cut by 30 percent, or HUF 3 bn (approx. € 12 million) next year, despite earlier promises that the level of financial assistance in this regard would be maintained.

Budapest, 21 November 2002