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The Court of Justice of the European Union – the body that must guarantee respect for the law in the interpretation and application of the founding treaties of the Union – has condemned Hungary for breach of the rules on asylum and illegal returns. The court’s decision of December 17 refers in particular to a law adopted by the Hungarian government in 2015 in response to the migration crisis: the law provided for the establishment of transit zones on the Serbian-Hungarian border to accommodate migrant requests asylum and to return to Serbia. An even stricter new law was introduced in 2017, eliminating the maximum period of detention for an asylum seeker, which was four weeks.
The Court ruled that “ Hungary has failed to comply with its obligation to guarantee effective access to the procedure for granting international protection, since third-country nationals who wish to access this procedure from the Serbian-Hungarian border were, in fact, before the near impossibility of submitting the application. The Court also adds that, despite the fact that the obligation of migrants to remain in a transit zone during the examination procedure of their application is framed within the rules of the European Reception Directive, in Hungary “the detention system it was established outside of the cases provided for by Union law and without respecting the guarantees that should normally govern it “.
The Court also condemned Hungary for rejecting migrants across borders without respecting the rules of return and for failing to respect the right of any applicant for international protection, “to remain in the territory of the Member State concerned after the rejection of your request., until the deadline to lodge an appeal against said refusal expires or, if an appeal has been lodged, until it has ruled on the latter. “.
#ECJ : #Hungary has not fulfilled its obligations under #EUlaw in the field of concession procedures # International Protection and return to third-country nationals in an illegal situation https://t.co/ATb3CgbPxg pic.twitter.com/CcaJL3uvmS
– Court of Justice of the EU (@EUCourtPress) December 17, 2020
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