Calling for access to the asylum procedure in line with EU law, the European Commission has, for the fifth time since 2015, opened asylum related infringement procedures against Hungary. The measure comes as a reaction to the restrictions of access, with the lodge of the intent to seek protection through embassies in neighbouring countries as a compulsory precondition.
In line with the critique raised by ECRE member the Hungarian Helsinki Committee (HHC), the letter of formal notice of the European Commission states: “[it] considers that new asylum procedures set out in the Hungarian Act and Decree introduced in response to the coronavirus pandemic are in breach of EU law, in particular the Asylum Procedures Directive (Directive 2013/32/EU) interpreted in light of the Charter of Fundamental Rights of the European Union. Hungary has 2 months to reply to the arguments raised by the Commission. Otherwise, the Commission may decide to send a reasoned opinion.
This represents the fifth infringement procedure related to asylum policies from the Commission against Hungary since 2015, including also non-compliance with the compulsory relocation scheme of 2015, the automatic and unlawful detention and the deprivation of food of over 30 detainees in the now abolished transit zones, and the “Stop Soros” legislative package with inadmissibility ground to dismiss practically all asylum applications without having to examine them and criminalising human rights activities.
Two non-asylum related infringement procedures against Hungary were concluded this year alone with Hungary found in violation of EU law by the Court of Justice of the European Union (CJEU), according to Co-chair of the Hungarian Helsinki Committee András Kristóf Kádár with Hungary failing to implement at least one of those judgements.
The European Commission further sent a reasoned opinion to Portugal: “for failing to fully transpose the recast Asylum Procedures Directive (Directive 2013/32/EU), which sets out common procedural safeguards for examining applications for international protection across the EU”.
For further information:
- ECRE, Hungary: Closing in On Itself, September 2020
- ECRE, Hungary: New Law on the Lodging of Asylum Applications at Embassies, June 2020
- ECRE, Hungary: Abolishment of Transit Zone Following CJEU Ruling, May 2020
- ECRE, CJEU: Poland, Hungary, and Czech Republic failed to fulfil obligations under Council Relocations Decisions, April 2020
- ECRE, Hungary: Parliament Approves indefinite Rule by Decree Despite Widespread Protests, April 2020
- ECRE, Hungary: Proposed Law to Extend the State of Emergency Indefinitely, March 2020
- AIDA, Country Report Hungary, 2019 Update, March 2020
- ECRE, Shots Fired, Arrests and Violent Push Back Reported at the Serbian Hungarian Border, January 2020
- ECRE, Hungary: Commission Takes Next Step Regarding Non-provision of Food in Transit Zones, October 2019
- ECRE, ECtHR: Freedom of the Press to Report on the Living Conditions in Reception Centres, October 2019
- ECRE, Hungary: Government Extends the “State of Crisis due to Mass Migration”, September 2019
- AIDA, Hungary: New police department takes over responsibility for asylum, 19 June 2019
- ECRE, Hungarian Helsinki Committee Update Reveals Continued Violations in Transit Zones, April 2019
- ECRE, Hungary Gives Afghan Families ‘an Offer You Can’t Refuse’, May 2019
- ECRE, Hungary: Constitutional Court fails to give sufficient protection to people and organisations working to protect the rights of asylum seekers, March 2019
- HHC/ECRE, Crossing a Red Line: How EU Countries Undermine the Right to Liberty by Expanding the Use of Detention of Asylum Seekers upon Entry, February 2019
- ECRE, Editorial: Any opposition is too much for Orbán, June 2018
Photo: (CC) jemufo, April 2010
This article appeared in the ECRE Weekly Bulletin. You can subscribe to the Weekly Bulletin here.