The European Commission has referred Hungary to the Court of Justice of the European Union over recent changes to the country’s asylum and return legislation.
According to the Commission, Hungary’s new asylum and return legislation reforms put the policy in direct conflict with EU human rights legislation. The reforms criminalise a number of activities that might support asylum and residence applications, and further restrict the processes and rights of asylum seekers to make applications.
Following a series of exchanges between the Commission and Hungarian authorities which began in December 2015, European authorities found that the incompatibilities between Hungary’s policy and EU legislation had not been sufficiently addressed, and decided to refer Hungary to the Court of Justice of the European Union as the final stage of infringement procedures.
What were the concerns with Hungary’s asylum rules?
The European Commission found specific concerns with a number of elements of Hungary’s asylum procedures, its approach to returning migrants, and reception conditions. For example, Hungary has established transit zones at its external borders, which is legal under EU legislation; however, the country has failed to maintain special protections for vulnerable applicants, and mandated that applicants must remain in these zones while submitting their asylum applications.
What’s more, some asylum seekers are indefinitely detained in transit zones, which is in breach of an EU rule mandating a four week maximum duration of detention, and to procedural guarantees outlined in the EU’s Reception Conditions Directive. In addition, Hungary does not offer information on legal recourse for migrants in the event that return decisions are issued. This, the Commission warns, could risk unsuccessful applicants being returned without the appropriate safeguards in place.
In terms of the new reforms, the Commission raised specific objects to a new law which criminalises any assistance offered by any person, on behalf of national, international and non-governmental organisations, to people wishing to apply for asylum in Hungary. The EU has expressed a desire to help Hungary address these concerns.
