Hungary's Prime Minister Viktor Orban has been following a strict anti-migration policy for years.
The ECJ has therefore repeatedly shown him the limits.
Now comes the next setback.
Luxembourg - The criminalization of refugee workers in Hungary is illegal according to a ruling by the European Court of Justice.
The so-called “Stop Soros Law” of the right-wing national government of Prime Minister Viktor Orban violates EU law, ruled the ECJ judges in Luxembourg (case C-821/19).
The background to the ruling is a lawsuit by the EU Commission against the 2018 law. It criminalizes activists and employees of non-governmental organizations who help migrants to apply for asylum, although they are probably not eligible for protection according to Hungarian criteria.
This restricts the right of asylum seekers "to communicate with the relevant national, international and non-governmental organizations and to receive support from them," argues the EU Commission.
The Brussels authority monitors compliance with common law in the international community.
The EU Commission had sued
The ECJ judges have now confirmed the EU Commission.
The Hungarian regulation would limit the rights guaranteed under EU law of those who support people seeking international protection, it said on Tuesday.
The term "Stop Soros" refers to the liberal US billionaire George Soros.
The Holocaust survivor from Hungary supports numerous civil organizations with his humanitarian foundation that help refugees and asylum seekers.
The Hungarian government accuses Soros of bringing large numbers of Muslim immigrants to Europe and attacks him with anti-Semitic stereotypes.
Hungarian asylum policy violates EU law
The EU Commission sued Hungary several times in the past few years because of the asylum rules before the ECJ.
The Court of Justice has ruled several times that fundamental parts of Hungarian asylum policy violate EU law.
Among other things, the judges ruled last year that the Hungarian rule, according to which an asylum application can be rejected if the applicant enters via a “safe transit country”, is illegal.
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However, Hungary did not always implement the judgments to the satisfaction of the EU Commission.
Just last week, the authority applied for financial sanctions against Budapest to the ECJ because Hungary did not adequately implement a ruling from December last year.
At that time, the ECJ found that Hungarian regulations on the rules and procedures in transit zones on the Serbian-Hungarian border violated EU law.
In particular, Hungary has still not taken the necessary measures to ensure effective access to the asylum procedure, the Commission said.
dpa
