Migrants: The EU refers Hungary to the Court of Justice for the laws on asylum and repatriation



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Proceedings against Stop Soros

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The European Commission has decided to refer Hungary to the EU Court of Justice for failure to respect the right to the EU in its legislation on the subject of asylum and repatriation rights. In addition, he sent a letter of formal notice to Budapest, the first stage of the infringement procedure, concerning the new Hungarian legislation called "Stop Soros", which criminalises activities to support the right to asylum. and limits the right to seek asylum in the country.

In the first case, the offense proceedings date back to December 2015; the reasoned opinion, the second stage of the procedure, is in December 2017. In particular, although EU legislation offers the possibility of establishing transit zones at the external borders, the legislation Hungarian does not comply with the Asylum Procedures Directive. it allows the submission of asylum applications only in these transit areas, whose access is granted only to a limited number of people and after long periods of waiting.

Hungarian procedures are also prohibited because they do not respect the maximum duration of four weeks, in which a person may be detained in a transit center, and do not provide protection for applicants for the same. asylum particularly vulnerable. In addition, the Hungarian authorities do not grant effective access to asylum procedures, as irregular migrants are refused abroad, even if they have been in detention. intention to seek asylum.

In addition, indefinite detention of asylum seekers in transit areas without respecting the applicable procedural safeguards is contrary to EU regulations. Moreover, the Hungarian law does not comply with the Return Directive, as it does not guarantee that return decisions are taken individually or that they contain information about the possibility of a return. legal repair.

Stop Soros legislation, however, criminalizes any aid offered by a person on behalf of national, international and non-governmental organizations to persons wishing to apply for asylum or a residence permit in Hungary. The laws also include measures that restrict individual freedoms, preventing anyone subject to criminal prosecution for violation of these rules from approaching transit centers, where asylum seekers are kept .

The sanctions range from temporary imprisonment to prison, up to one year, and the expulsion of the country. The Hungarian rules in this respect violate several EU directives, as well as the Charter of Fundamental Rights of the EU, on several points. The Venice Commission of the Council of Europe concluded that the rules violate the freedoms of badociation and expression and should therefore be withdrawn.

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