On Thursday 19 July, the European Commission announced that it was taking Hungary to the European Court of Justice for the non-conformity of the country's legislation with EU law on asylum and returns. The Commission also sent a letter of formal notice to Budapest (the first step of an infringement procedure) on the subject of its recent 'anti-Soros' law criminalising the activities of NGOs that come to the help of migrants.
This law was adopted by the Hungarian parliament on 20 June and establishes actions supporting asylum and residence requests as criminal infringements. Penalties of a year's imprisonment are provided for. Budapest has two months to respond to the Commission (see EUROPE 12046).
The Commission's court referral is made as part of a procedure launched in December 2015 on the Hungarian asylum legislation. The Commission considers that it has still not been heard two years after it sent several letters and a reasoned opinion in December 2017. It believes in particular that the Hungarian legislation infringes several EU arrangements.
As regards the asylum procedures, although it is true that the EU legislation provides for the possibility for member states to establish transit zones at their external borders, the Hungarian legislation does not respond to the requirements of the directive on the asylum procedures. It simply enables the presentation of asylum requests inside these transit zones, with access only being granted to a limited number of people, and after excessively long waiting times. The legislation does not respect the maximum time of four weeks during which a person can be held in a transit centre either, nor does it provide for special guarantees for vulnerable asylum seekers.
As regards the 'return of migrants' section, the Hungarian legislation is not in line with the European directive because it does not guarantee that decisions on returns are taken on an individual basis and contain information on ways to appeal. (Original version in French by Solenn Paulic)