The European Commission launched on Thursday 24 January a new step against controversial new Hungarian laws aimed at penalising NGOs helping migrants and asylum seekers. It sent a reasoned opinion on legislation criminalizing activities in support of asylum and residence applications and further restricting the right to seek asylum, according to a statement.
The Commission sent a letter of formal notice in July that did not resolve the concerns, she explains. First, with regard to the criminalisation of support for asylum seekers, Hungarian legislation restricts the right of asylum seekers to communicate with and be assisted by relevant national, international and non-governmental organisations.
As regards the restriction of individual freedoms by preventing any person subject to criminal proceedings under this legislation from approaching transit areas at Hungarian borders, this legislation unduly restricts the exercise of the right to free movement of Union citizens.
In addition, the Commission adds that, as regards the unlawful limitation of the right of asylum, the introduction of additional grounds for the inadmissibility of asylum applications that are not provided for by Union law constitutes a breach of the Asylum Procedures Directive.
The Commission again sent a reasoned opinion on the same day to Hungary, Poland and Slovenia for failure to communicate measures taken to implement current EU standards on the conditions to be met by third-country nationals in order to be granted international protection, a directive that is currently being recast but that exists in a 2011 version that was due to be implemented by the end of 2013.
Finally, Hungary is also criticised for the incorrect implementation of the rules on long-term residents. Hungary excludes third-country nationals with long-term resident status from the practice of veterinary medicine. However, Directive 2003/109 requires that third-country nationals who have resided legally in an EU Member State for at least five years be treated equally with nationals in certain domains, including access to employment and self-employment, the Commission further added. (Original version in French by Solenn Paulic)