View More View Less
  • 1 Institute for Legal Studies of the Hungarian Academy of Sciences Institute for Legal Studies of the Hungarian Academy of Sciences, H-1014 Budapest, Országház u. 30.
Full access

The paper analyzes ethnic data collection pertaining to criminal justice in Hungary. It shows that Hungary's approach to resist ethnic data collection by law enforcement authorities is not a good policy and it causes severe constitutional problems in other, non-criminal legal circumstances, where ethnic data is used in the context of additional rights and affirmative protection provided for ethno-national minorities. The paper follows a twofold analysis. First, it sets forth general problems relating to ethnic data collection, including a brief analysis of a uniquely Hungarian constitutional institution, the minority self-govern­ment structure. The focus of scrutiny then shifts to the criminal justice system, in particular the analysis of policing of racially motivated crime, and the question of police ethnic profiling.