Mónika Ganczer

36145958000

Publications - 6

Space sustainability: Current regulatory challenges

Gábor Sulyok Mónika Ganczer Balázs Bartóki-Gönczy

Publication Name: Hungarian Journal of Legal Studies

Publication Date: 2024-12-20

Volume: 65

Issue: 2

Page Range: 260-281

Description:

Nowadays, outer space is becoming increasingly congested, contested and competitive. Humanity's growing dependence on outer space and experiences with the new space race have necessarily turned the attention of the international community to the safety, security and sustainability of space activities. This paper focuses on space sustainability and seeks to highlight some of its most important regulatory challenges. These challenges include the establishment of an appropriate space traffic management system, the mitigation of space debris, and the utilization of space resources. Following the overview of related problems, the paper examines the urgency and the modalities of appropriate legal regulation.

Open Access: Yes

DOI: 10.1556/2052.2024.00552

The impact of historical traditions on the regulation and practice of the preferential naturalization of Hungarians living outside the borders

Mónika Ganczer

Publication Name: Hungarian Journal of Legal Studies

Publication Date: 2023-06-19

Volume: 63

Issue: 4

Page Range: 352-373

Description:

The study presents the impact of the historical origin of the making and application of law through a specific example. The regulation of nationality, a pivotal field of constitutional law, is considered a sovereign right of the Hungarian state which is exercised in line with Article G) of the Fundamental Law and Act No. LV of 1993 on Hungarian Citizenship. Hungarian naturalization practice, however, significantly changed in the wake of the amendment of the respective act: Hungarians living outside the borders have been entitled to preferential naturalization since 2011. This study aims to prove that this legislative action, which remarkably followed the designation of the day of the conclusion of the Trianon Peace Treaty as the Day of National Unity the previous year, was obviously influenced by historical considerations. The primary objective of preferential naturalization was to grant Hungarian nationality to persons of Hungarian origin whose ancestors had lost their Hungarian nationality in the aftermath of historical events involving the transfer of territories to neighbouring states. The study's point of departure is the Trianon Peace Treaty, the first major instrument to have a profound effect on the nationality of millions of Hungarians. The study explores the peculiar interpretation and application of treaty provisions relating to territorial changes and reveals the flaws in legal regulation which further contributed to the formation of a large community of Hungarians living outside the borders. Having surveyed the historical background, the analysis proceeds to examine the impact of historical traditions on the underlying motives and current domestic regulation of preferential naturalization. Evidence includes the broad scope of eligible persons, the wide range of documents accepted to prove descent, the verification of the required command of language, and the practical implementation of the procedure of naturalization. Research findings convincingly display the far-reaching effects of historical traditions on the regulation and practice of preferential naturalization in Hungary.

Open Access: Yes

DOI: 10.1556/2052.2023.00412

Hungarian Territorial Changes and Nationality Issues Following World War I

Mónika Ganczer

Publication Name: Hungarian Yearbook of International Law and European Law

Publication Date: 2020-01-01

Volume: 8

Issue: 1

Page Range: 120-135

Description:

In the aftermath of World War I, Hungary had to relinquish approximately two-thirds of its former territory and over half of its population under the terms of the Trianon Peace Treaty of 4 June 1920. This inevitably brought about a change in the nationality of persons pertaining to territories transferred to other states. However, the interpretation and implementation of articles concerning nationality were highly ambiguous. For example, the rights of citizenship in a commune, the so-called pertinenza, was not defined in the peace treaty, although the determination of affected persons and beneficiaries of the right of option was explicitly based on that particular criterion. Hence, the fate of these individuals largely depended on the domestic legal regulation and the subjective treaty interpretations of successor states. The application of treaty provisions was not always in conformity with the text, which sometimes proved advantageous, other times disadvantageous for the affected persons. This study seeks to explore the theoretical background, the past and present interpretation, the practical application and the judicial treatment of articles concerning nationality in the Trianon Peace Treaty. The paper also exposes the major problems and shortcomings of the Treaty and makes suggestions for an appropriate wording and adequate interpretation of relevant treaty provisions. Furthermore, in order to provide a full picture of how territorial changes following World War I affected the nationality of millions of individuals, the study takes into consideration other contemporary international instruments with a bearing on the change of nationality or its consequences.

Open Access: Yes

DOI: 10.5553/HYIEL/266627012020008001008

The effects of the differences between the austrian and the hungarian regulation of the rights of citizenship in a commune (Heimatrecht, indigénat, pertinenza, illetőség) on the nationality of the successor states of the Austro-Hungarian Monarchy

Mónika Ganczer

Publication Name: Journal on European History of Law

Publication Date: 2017-01-01

Volume: 8

Issue: 2

Page Range: 100-107

Description:

The rights of citizenship in a commune were characteristically used in Central Europe as a basis of the regulation of nationality of persons affected by state succession, and the peace treaties concluded after the First World War by the successor states of the Austro-Hungarian Monarchy notably included this criterion. Although the rights of citizenship in a commune seemed more serviceable criterion during at the peace conference than habitual residence in these states, the different domestic regulations concerning Austrian and Hungarian territories and their interpretations by other states caused numerous problems and resulted in statelessness en masse. The aim of the present paper is to analyse the features and the differences of acquisition and loss of Austrian and Hungarian rights of citizenship in a commune, and to reveal their practical and interpterational problems. This study identifies the problems related to the nationality of persons affected by state succession after the First World War. These problems may also serve as an important lesson for the present, as the criteria that define persons concerned by the change of nationality in modern cases of state succession need to be selected carefully.

Open Access: Yes

DOI: DOI not available

International law and dual nationality of Hungarians living outside the borders

Mónika Ganczer

Publication Name: Acta Juridica Hungarica

Publication Date: 2012-12-01

Volume: 53

Issue: 4

Page Range: 316-333

Description:

According to the recent amendment of the Hungarian Citizenship Act, Hungarians living outside the borders can acquire an additional nationality, and become dual or multiple nationals. The study analyses the prohibition or recognition of dual nationality and the relevant practice of neighbouring states as the main purpose of the amendment was to enable Hungarians living in territories detached owing to historical events to acquire nationality. By assuming international obligations states may limit their discretion in matters of nationality, which otherwise fall within the domestic jurisdiction of states. Human rights drive the regulation of nationality in certain cases all the more towards the realm of international law. For that reason, human rights limiting the regulation of nationality, such as the right to a nationality, the prohibition of (arbitrary) deprivation of nationality and the prohibition of discrimination, also need to be examined. The analysis also extends to the lack of effectiveness of nationality of Hungarians concerned as well as the binding nature of the principle of effectiveness. The study concludes that the principle of effectiveness may not serve as a basis for other states to declare non-recognition of nationality of these individuals. Finally, obligations under bilateral treaties on good neighbourliness, confi dence and friendly co-operation concluded by Hungary and several neighbouring states between 1992 and 1996 are taken into consideration, as well.

Open Access: Yes

DOI: 10.1556/AJur.53.2012.4.4

European round of manfred lachs space law moot court competition, 29-30 April 2010, Gyor

Mónika Ganczer

Publication Name: Acta Juridica Hungarica

Publication Date: 2010-06-01

Volume: 51

Issue: 2

Page Range: 157-161

Description:

No description provided

Open Access: Yes

DOI: 10.1556/AJur.51.2010.2.6