Hungary was condemned Thursday, December 17 by European justice for having violated the law of the European Union as regards asylum, a new sanction of the controversial migration policy of its Prime Minister Viktor Orban.
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The EU Court of Justice had already ruled in May that asylum seekers were being held without valid reason in camps located in “Transit zones” at the border with Serbia, and demanded that they be able to leave it. This led the Hungarian government to close these controversial camps, which opened in 2015, even if the equipment on site has still not been dismantled.
Circumstances that have “changed”
The European body, while taking note of this measure, decided this time on a broader aspect. According to the Court of Luxembourg, Hungary, by requiring that asylum applications be presented only in a transit zone and by drastically limiting the number of applicants authorized to enter these zones, “Failed in its obligation to ensure effective access to the procedure for granting international protection”.
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In addition, the magistrates consider that this is a detention. And that this retention, “Due in particular to its generalized and automatic nature”, does not respect the guarantees provided for by European law. The courtyard “Rejects Hungary’s argument that the migration crisis would have justified departing from certain rules” European “With a view to maintaining public order and safeguarding internal security”.
The “Transit zones” de Röszke and Tompa were set up after Hungary erected barbed wire fences along its border with Serbia and Croatia, in response to the influx of immigrants in 2015. This procedure is now “Not applicable”, commented on his Facebook page the Minister of Justice, Judit Varga, recalling that “The circumstances had changed” and that these areas were no longer hosting refugees.
The Court considers that Hungary has not respected the procedures and guarantees provided for the return of irregular migrants either. Any applicant for international protection should thus have the right to remain in his territory after the rejection of his application, until the expiry of the time limit for an appeal or until a decision on this appeal.
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The Hungarian Helsinki Committee (HHC), an NGO which represented the claimants before the CJEU, welcomed Thursday’s ruling, hoping it “Will end” to the “Shameful practice” refoulements of migrants.
The European Commission, at the origin of the action in 2018 against “A substantial part” Hungarian regulations, will contact the Hungarian authorities to see “What measures they plan to take” to get in good standing, added spokesperson Adalbert Jahnz. Minister Judit Varga did not respond on this point, but reiterated that her country would continue to “Protect its borders and those of Europe”.
Hungary, hostile to the reception of asylum seekers, had also been condemned in April, like Poland and the Czech Republic, for having refused a quota of reception of refugees decided within the framework of the program launched in 2015 of distribution per Member State of tens of thousands of asylum seekers.