The European Commission announced on Friday (October 30th) that it had opened an infringement procedure against Hungary for "incorrect application of EU asylum law".
Brussels considered that new asylum procedures adopted in Hungary in response to the coronavirus pandemic "are contrary to Union law".
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According to these new procedures introduced in May, “before they can apply for international protection in Hungary, third-country nationals must first make a declaration of intent in which they affirm their willingness to seek asylum at an embassy. Hungarian outside the EU and to be issued a special entry permit for this purpose, ”the Commission said in a statement.
The European executive "considers that this provision constitutes an illegal restriction on access to the asylum procedure", in particular because "it prevents people in Hungarian territory, including at the border, from requesting a international protection ”.
Brussels has so far sent a letter of formal notice to Hungary.
Budapest has two months to respond to the arguments raised by the Commission.
Failing that, the latter may send it a reasoned opinion, that is to say a formal request to comply with Union law.
If the response remains unsatisfactory, Brussels could subsequently decide to refer the matter to the Court of Justice of the European Union.