On Thursday 15 July, the Commission referred Hungary to the European Court of Justice for continuing to “unlawfully” restrict access to the asylum procedure under Directive 2013/32/EU, in particular by outsourcing asylum applications, it said in a statement.
This Directive requires Member States “to ensure that third-country nationals and stateless persons present on their territory, including at their borders, are able to exercise effectively the right to seek international protection”. However, according to Hungarian law, before they can apply for protection in Hungary, “third-country nationals must first make a declaration of intent in which they state their willingness to apply for asylum at a Hungarian embassy outside the EU and obtain a special entry permit for this purpose”.
The Commission considers that these conditions constitute an unlawful restriction on access to the asylum procedure insofar as they prevent persons on Hungarian territory, including at the border, from applying for international protection.
The Commission also considers that the fight against the Covid-19 pandemic, which is the declared objective of the Hungarian law, cannot justify such a provision. The Commission sent a reasoned opinion to the country on this matter in February (see EUROPE 12661/14). (Original version in French by Solenn Paulic)