Asylum: Hungary will have to explain itself before the European Court of Justice

A few days ago, the European Commission brought an action before the EU Court of Justice against Hungary and its “Stop Soros” legislation, which makes support for asylum seekers a priority. criminal offence. Indeed, it restricts the right of asylum seekers to communicate with organisations national, international and non-governmental organizations concerned and to be assisted by them. What is on the one hand, contrary to Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, but also Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 establishing standards for the reception of persons seeking international protection.

In addition, its new legislation and the constitutional amendment concerning asylum have introduced additional grounds for inadmissibility of asylum claims. These reasons
inadmissibility are contrary to the two directives mentioned above and also violate the charter
of fundamental rights. Also on Thursday, the Commission opened a new infringement procedure against Hungary by sending him a letter of formal notice concerning “the refusal of food to people by waiting for a return who are detained in Hungarian transit areas at the border

with Serbia ».

Ravina Shamdasani, Spokesperson for the Office of the United Nations High Commissioner for Human Rights, reports on her concern, she explains “that in these detention centres, some migrants are deliberately deprived of food for up to 5 days.
In view of the urgency of the situation, Hungary has one month to respond to the

concerns of the Commission, after which the Commission may decide to send an opinion to the Commission motivated. The Commission had already referred the case to the Court of Justice in July 2018 as part of its responsibility as guardian of the Treaties in a case concerning the detention of asylum seekers in Hungarian transit areas, which is currently pending before the Court. Hungary is also the subject of another appeal procedure concerning the exclusion from the practice of veterinary medicine of third-country nationals with long-term resident status. This measure is contrary to Council Directive 78/1026/EEC of 18 December 1978 on the mutual recognition of diplomas in the EU.

“Because with all human rights NGOs, AEDH has been alert for a long time
on the xenophobic policy put in place by the Hungarian government, it can only welcome
to have its criticisms taken up by the European Commission and hope that this referral will lead as soon as possible to the Hungarian government’s obligation to change its policy. The recurrent nature of the violations of the rule of law and the values proclaimed by the EU is a political problem posed by the Hungarian Government to the European project. The AEDH will be particularly attentive to the way in which the new Commission will address this problem, which is not solved but worsens over time.

For more information on this subject
– Council Directive 2003/109/EC concerning the status of third-country nationals residing in long duration
– Council Directive 2008/115/EC on common standards and procedures applicable in the field of Member States on the return of illegally staying third-country nationals
– Council Directive 2011/95/EU on standards for the conditions to be met by
fill in third country nationals or stateless persons in order to be eligible for protection international, to a uniform status for refugees or persons eligible for the
subsidiary protection, and the content of such protection
– Council Directive 2013/32/EU on common procedures for the granting and withdrawal of international protection
– Council Directive 2013/33/EU laying down standards for the reception of persons requesting international protection
– For important decisions on infringement proceedings in July 2019, see the text
full MEMO: INF/19/4251.
– On the general infringement procedure, see MEMO/12/12.

– On the EU’s infringement procedure Translated with