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Brussels (dpa) – The European Commission is increasing pressure on the right-wing national government in Budapest because of the Hungarian asylum policy. The Brussels authority announced that would sue Hungary in the European Court of Justice.
This is the last step of the so-called infringement procedure launched in December 2015. Most of the concerns have been resolved since, said a spokeswoman.
In addition, the European Commission has opened a new procedure against Budapest over a controversial law against refugee workers. This also violates EU legislation from the point of view of Brussels.
The law provides for criminal sanctions for "assistance to illegal migration". In case of violation, a prison sentence of up to one year is imminent. It is also called the "Soros Stop Package" – in reference to the American liberal billionaire George Soros who supports non-governmental organizations around the world and has Hungarian roots.
The ruling party Fidesz strongly condemned the new trial, accusing the EU of serving the American philanthropist George Soros, who supports associations providing humanitarian aid to refugees. "Today's process affirms that Brussels is in favor of immigration and defends Soros organizations," said Fidesz's party of Prime Minister Viktor Orban. The procedure proves "that Soros also has his people at the Brussels Commission".
Among other things, the action of the ECJ aims to ensure that Hungarian asylum procedures are conducted only in transit zones located at the external borders of the country. The zones have access only to a limited number of people and they will have to wait too long. This procedure violates EU legislation because the maximum duration of four weeks is not respected and there is no guarantee for the most vulnerable.
According to the European Commission, the practice of expulsion from Hungary also violates existing European legislation. There can be no assurance that eviction decisions will be made individually and that data subjects will receive information about possible remedies.
The law against refugee workers was passed in June with the votes of the right-wing majority and the far-right Jobbik party. It restricts the right of asylum seekers to "communicate and be supported by relevant national, international and non-governmental organizations," the commission said. In addition, the new reasons for the inadmissibility of asylum applications violate EU law. Hungary now has two months to give its opinion.
Experts from the Council of Europe have already criticized the fact that the law would criminalize the activities of refugee organizations.
At the same time, Hungary had also changed its constitution. Article 5 now states that the "settlement" of foreign peoples is prohibited. It was important for Prime Minister Viktor Orban to further legitimize his anti-refugee policy.
Hungary is considered a fierce critic of European migration policy and has opposed the compulsory redistribution of refugees in EU countries for years. Orban advocates a strict foreclosure policy against refugees and migrants. Already last year, the European Commission launched an action by the ECJ against Hungary, the Czech Republic and Poland. This was the lack of participation in the redistribution of 120,000 refugees. The distribution was decided by the EU Member States in 2015.
Communication from the European Commission
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