Brussels, 10/12/2015 (Agence Europe) - The European Commission sent a letter of formal notice to Hungary on Thursday 10 December regarding its recently adopted asylum legislation. The Commission says in a press release that it has found the Hungarian legislation “in some instances to be incompatible with EU law”, specifically the recast asylum procedures and the directive on the right to interpretation and translation in criminal proceedings.
The Commission had already examined the legislative amendments adopted by the Hungarian Parliament in July and September 2015 and sent an administrative letter outlining its preliminary concerns, it adds. “After careful examination of the reply from the Hungarian authorities, a number of concerns remain. Firstly, regarding the asylum procedures, the Commission is concerned that there is no possibility to refer to new facts and circumstances in the context of appeals and that Hungary is not automatically suspending decisions in case of appeals - effectively forcing applicants to leave their territory before the time limit for lodging an appeal expires, or before an appeal has been heard”, the Commission says.
Secondly, the Commission goes on, with regard to rights to translation and interpretation, the Commission is concerned that “the Hungarian law on fast-tracked criminal proceedings for irregular border crossings does not respect provisions of the Directive on the right to interpretation and translation in criminal proceedings”. This directive ensures that every suspect or accused person who does not understand the language of the proceedings is provided with a written translation of all essential documents, including any judgment.
The formal notice highlights, thirdly, the fundamental right to an effective remedy and to a fair trial under Article 47 of the Charter of Fundamental Rights of the EU. “There are concerns as to the fact that under the new Hungarian law dealing with the judicial review of decisions rejecting an asylum application a personal hearing of the applicants is optional. Judicial decisions taken by court secretaries (a sub-judicial level) lacking judicial independence also seem to be in breach of the Asylum Procedures Directive and Article 47 of the Charter”, the Commission says. Hungary now has two months to respond to the Commission.
The Commission has also made “technical” contact with Hungary on the law making illegal border-crossing a criminal offence that was passed in September, at the same time as the law allowing the police to use rubber bullets against migrants. (Original version in French by Solenn Paulic)