The Luxembourg-based court ruled that the practice that declarations of intent for asylum applications can only be submitted at the embassy in Belgrade or Kyiv is not in line with EU law.

According to Thursday's judgment of the Court of Justice of the European Union, Hungary violated its EU obligations with the asylum regulations. The EU court ruled

the practice that declarations of intent for asylum applications can only be submitted at the embassy in Belgrade or Kyiv does not comply with EU law.

The government introduced the transit zones as a result of the migration crisis in 2015, which the European Court of Justice ruled illegal in December 2020. For this reason, it was introduced that prior to the submission of asylum applications, a preliminary declaration of intent had to be made at the Hungarian embassy in Kyiv or Belgrade, and the Hungarian authorities can only issue an entry permit for the submission of a genuine asylum application after this.

According to the European Commission's findings, this practice violates, among other things, the EU's directives on international protection, and therefore initiated an infringement procedure.

The European Court of Justice criticized the condition for the prior declaration of intent and ruled that the regulation in question deprives the third-country nationals (or stateless persons) concerned of the effective exercise of their right to apply for asylum in Hungary, guaranteed by the Charter of Fundamental Rights of the European Union.

According to the court, the goal of protecting public health outlined by the Hungarian government cannot be justified either.

MTI

Cover image: MTI/Minister's Cabinet Office/Szabolcs Vadnai