On Thursday 18 February, the European Commission sent a reasoned opinion to Hungary regarding legislation that was adopted within the context of the coronavirus pandemic and which, in the view of the Commission, illegally restricts migrants’ access to the asylum procedure.
A first letter of formal notice was sent to the Hungarian authorities at the end of October 2020; it denounced the outsourcing of asylum policy under the justification of the Covid-19 pandemic (see EUROPE 12593/16).
Under this new law, before they can apply for international protection in Hungary, third country 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; this permit is issued at the discretion of the Hungarian authorities.
The European Commission is of the opinion that the new asylum procedures under Hungarian law are contrary to the Asylum Procedures Directive and the EU Charter of Fundamental Rights, said a statement. It continues to say that such legislation infringes Community law “since it prevents people who are on Hungarian territory, including those at the border, from applying for international protection”.
The Hungarian authorities have two months in which to inform the Commission of the measures taken.
In June 2020, the United Nations High Commissioner for Refugees (UNHCR) also denounced this disputed law (see EUROPE 12517/31). (Original version in French by Solenn Paulic)