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“The placement of asylum seekers or third-country nationals subject to a return decision in the Röszke transit zone on the Serbian-Hungarian border should be considered” detention “, but should not exceed four weeks,” it ruled Thursday on Court of Justice of the European Communities. They add that it is contrary to EU law for detention to take place without the prior adoption of a reasoned decision ordering it and without examining the necessity and proportionality of that measure. In this case, the court of first instance must order his immediate release.
The Szeged Administrative and Labor Court requested a preliminary ruling from the Court of Justice of the European Communities on two Iranian and two Afghan asylum seekers. The four men applied for asylum to the Hungarian authorities in late 2018 and early 2019, but their request was rejected without a substantive investigation because They arrived in Hungary through a “safe transit country”. Then they wanted to return the asylum seekers to Serbia, but the Serbs refused to readmit them. At that time, they were deported to their home country, but are still in the Röszke transit zone.
The Advocate General of the Court of Justice of the European Communities already stated in his opinion a few weeks ago that the Hungarian state is illegally detaining asylum seekers in the transit zone.
Regarding the legal assessment of a “safe transit country”, the Court of Justice of the European Communities ruled on March 19 in another case. who said This is contrary to EU law, as the relevant legislation does not recognize this term, and therefore the examination of asylum applications cannot be waived by reference to it.
In essence, another proceeding against Hungary is under way with the same content. The European Commission has sued the Hungarian government for part of the Stop Soros package in transit zones, in which case the court can rule with general validity that the legislation on which Hungarian asylum is based violates Community law.
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