Hungary and Refugee: From Historical to Legal Development

Abstract

In 2015 refugee crisis, Hungary’s strict border controls and legal reforms drew international criticism, straining EU relations. This article employs the qualitative legal historical methodology to investigate the historical dynamics underpinning Hungary’s shifting refugee policies. The analysis uncovers a significant shift in Hungary’s approach to refugees. Following World War I, the Trianon agreement, which led to territorial loss and population displacement, posed migration challenges that Hungary addressed on a case-by-case basis. Furthermore, after 1989, Hungary aligned its legal systems with international standards. It ratified the 1951 Refugee Convention, marking the first official regulation of refugees under Decree 101. In 2007, upon EU accession, Hungary enacted the Asylum Act 2007, aligning it with the Dublin regulation and relevant EU directives, which formed the foundation for refugee crisis legislation in 2015. The study also examines the 2011 constitutional amendment, indirectly creating sociocultural barriers between Hungarian society and refugees.