On Friday 30 October, the European Commission sent a letter of formal notice to Hungary and opened infringement proceedings against it for incorrectly applying EU asylum legislation.
In a press statement, the Commission said that it is of the opinion that the new asylum procedures in the Hungarian legislation introduced in June in response to the pandemic are contrary to Community law, particularly the Asylum Procedures Directive (Directive 2013/32/EU).
Under the new Hungarian procedures, before they can apply for international protection in Hungary, non-Member State nationals must first make a declaration of intention to apply for asylum at a Hungarian embassy outside the EU and be issued with a special entry permit to then do so.
The Commission believes that this rule, which implies that people who have already arrived in Hungary will return to the neighbouring non-Member State, constitutes an illegal restriction of access to the asylum procedure, in breach of the Asylum Procedures Directive, because “it prevents people who are on Hungarian territory, including at the border, from seeking international protection there”.
Hungary has two months in which to respond.
The Office of the High Commissioner for Refugees has criticised this legislation, stating that it creates an additional obstacle to accessing the territory and to asylum procedures for people seeking protection (see EUROPE 12517/31). (Original version in French by Solenn Paulic)