On Thursday, the European Commission summoned Hungary to the Court of Justice of the European Union due to the – in its opinion – illegal restriction of access to the asylum procedure, to determine whether the Hungarian regulations are contrary to the EU directive on asylum procedures.
In its announcement, the European Commission drew attention to the fact that, according to the relevant article of the Directive on Asylum Procedures, the Member States of the European Union must ensure that citizens of non-EU countries staying on their territory or on their borders and people without valid identity documents can actually exercise the their right to apply for international protection.
They were reminded that according to the provisions of Hungarian law, in order to be able to apply for international protection in Hungary, citizens of non-EU countries must first submit a declaration of intent at a Hungarian embassy located outside the territory of the European Union, in which they declare that they wish to apply for asylum, and must also have the with a special entry permit issued for the purpose.
The European Commission believes that this rule represents an illegal restriction of access to the asylum procedure, which is contrary to the EU directive on asylum procedures, interpreted in the context of the Charter of Fundamental Rights, as it excludes those staying in the territory of Hungary or on its borders from applying for international protection.
According to the EU committee's point of view, the treatment of the coronavirus epidemic, which is the declared goal of Hungarian law, cannot justify such a rule. Therefore, the panel decided to summon Hungary to the Court of Justice of the European Union.
MTI
Photo: MTI/Gergely Zoltán Kelemen
