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From now on, Hungarian representatives will spend more time at the Luxembourg Court of Justice than in the EU administrative buildings in Brussels. Namely, another verdict marked the government of Viktor Orban as guilty of non-compliance with European standards. A few days ago, the Court of Justice of the European Communities ruled that the government violated EU laws by preventing migrants from seeking asylum in Hungary, as well as by closing them in “transit zones”.
However, the official Budapest is not very upset by the verdict. For them, this decision is to be expected, since since 2015, with an unwavering determination, they have refused to respect the agreed European policy towards migrants. In addition to this legal conflict, the Orban government, together with Poland, intends to submit to the EU Court a request to examine the legality of the mechanism on conditionality of the rule of law and the distribution of money from the funds of the EU.
To vote on the seven-year budget and the so-called crown fund to help members affected by the pandemic, it was agreed that this mechanism will not apply to Budapest and Warsaw until the court decides whether it is legal. This process is estimated to take up to two years. During that time, these two countries will have access to the money from the funds.
In the case of the attitude of the State towards migrants, the European Supreme Court considers that Hungary has not fulfilled its obligation to provide an efficient approach to the procedure to grant international protection, and the position of Budapest that the migration crisis is a justification to violate EU rules in the name of maintaining public order was rejected. This verdict also responded to the government’s repeated positions that by defending the Hungarian border, it is also defending the EU. The court found that Hungary was wrong to forcibly expel, with the help of the police, non-EU citizens to Serbia, stating that the union’s rules and guarantees intended to make such deportations more difficult were not respected. human.
It was claimed that the border between Serbia and Hungary was “deprived of all infrastructure” and that Hungary did not respect the right of migrants to seek asylum or stay in the country for a limited period of time, even after their application for permission was denied. asylum.
In May this year, Hungary, by order of the highest European court, had to close the camps, the so-called transit zones where migrants seeking asylum were kept. Hungary did not want to register asylum seekers in its country, although it did not intend to stay in this EU member state, as those migrants who are not granted asylum in the desired countries return to those in which they are registered. In this case, the court ruled that the “transit zones” were illegal detentions, which in some cases lasted more than a year, the EU Supreme Court said in a statement.
In addition to this verdict, the court also supported the position of the EU Commission in the case of restrictions on foreign funding of non-governmental organizations in Hungary, and concluded that they were “discriminatory and unjustified”. The same was true of the Hungarian education law, which forced the George Soros-funded university to move from Budapest.
Parliament, in which the ruling Fidesz has a two-thirds majority, passed a law last week that not only defines marriage as the exclusive union of a man and a woman, but also calls it “the foundation of the family. and the relationship between parents and children … “”. As soon as the Orban government proposed the bill, violent protests by EU officials and sexual rights advocates followed against the introduction of such definitions.
In May, during a state of emergency, which was particularly criticized by the opposition, a law was passed prohibiting transgender people from changing their name and gender on official documents. Last month, a Hungarian court requested an evaluation of the constitutionality of the law, which restricts the rights of members of LGBT people. The regional court requested a constitutional review based on a petition claiming that the law violates constitutional rights to dignity and privacy.
Same-sex marriages were prohibited in Hungary by the 2012 constitution, but the law recognized civil unions. A law passed Thursday now removes a legal “loophole” that previously allowed same-sex couples in the country to adopt children as “single.” Now, this will only be possible for married couples, and singles will only be able to adopt a child if they receive special approval from the government.
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