Hungary’s current law mandates that asylum requests must be submitted outside the country, contrary to EU regulations. Consequently, the European Union’s highest court has imposed a hefty 200-million-euro fine on Hungary, along with a daily penalty of one million euros, for its failure to adhere to EU asylum laws and its unlawful deportation of migrants.
Since the influx of well over one million refugees and asylum seekers into Europe in 2015, primarily from conflict-ridden Syria, Hungary’s anti-immigrant government has adopted a stringent stance on incoming individuals. Measures such as erecting border fences and forcefully attempting to prevent entry have been implemented.
The European Court of Justice’s ruling, issued on Thursday, criticized Hungary for its lack of action in complying with a 2020 judgment regarding the rights of applicants for international protection.
Specifically, Hungary failed to ensure that applicants could remain in the country pending a final decision on their appeal against the rejection of their application, as well as the removal of illegally staying third-country nationals.
“That failure, which consists in deliberately avoiding the application of a common EU policy as a whole, constitutes an unprecedented and extremely serious infringement of EU law,” Thursday’s ECJ verdict added.
A spokesperson for the Hungarian government did not immediately respond to an emailed request for comment regarding the ECJ ruling.
Previously, the government has argued that the 2020 ruling was irrelevant as it had already shut down “transit zones” and implemented stricter regulations to prevent future asylum applications. Presently, Hungarian law mandates that asylum requests must be made outside the country’s borders, typically at its embassies in nearby Serbia or Ukraine. Those attempting to cross the border are routinely pushed back.
Prime Minister Viktor Orban, known for his confrontations with Brussels on various issues, including judicial independence and support for Ukraine, pledged in 2021 to maintain the existing asylum regime, even if compelled to change it by the European court.
In early 2022, the European Commission filed a second application with the court, asserting that Hungary had not fully complied with the 2020 judgment. EU regulations mandate that all member states establish common procedures for granting asylum.
According to these rules, individuals have the right to seek asylum or other forms of international protection if they fear persecution in their home countries based on factors such as race, religion, ethnicity, gender, or other forms of discrimination.
