Suggested benchmarks for any solution

1. Symbolic purposes, theoretical confusion, practical obstacles Thoughts on suggestions to implement responsibility for the nationPresentation by Boldizsár Nagy at the roundtable: „Forms of citizenship and the right to freedom of travel in Europe”Budapest, 29 July 2005

4. Suggested benchmarks for any solution • The term „nation” must include both the minorities in the neighbouring countries and the diaspora • The responsibility prescribed in Art. 6, para 3 covers both groups. • The responsibility towards different segments of the nation is differentiated – the most benefit should go to minorities in neighbouring countries without the perspective of joining the EU • International law and the EU acquis representconstraints - three options offer themselves • Stay within existing law • Exploit lacunae / act „sub rosa” • Challenge the law • The decision on the option chosen is not only, not even primarily a domestic legal/political action: Hungary as a new and medium sized member of the EU is a significant actor forming trends within the EU/OSCE realm

5. Suggested benchmarks for any solution • Any decision must conform to the Rawlsian demand of justice: would one chose the same rule behind the veil of ignorance, not knowing whether the minorities live on its territory or it is the kin country of the minority! • Granting benefits to a limited circle of persons always entails a challenge by the excluded: therefore the rule on drawing the borderline between the in-group and the out-group (Hungarian – non Hungarian) must be defensible under the rule of law in front of an impartial tribunal

6. Thanks! Boldizsár Nagy Eötvös Loránd University and Central European University Budapest nagyboldi@ajk.elte.hu www.nagyboldizsar.hu