2023-06-23 15:16:42
The Court of Justice of the European Union (CJEU) issued a sentence against Hungary on Thursday for preventing migrants who arrive at its border from requesting asylum. According to the court, the Hungarian government has established illegal obstacles that deny the right of asylum seekers to request protection upon arrival in Hungarian territory, requiring a prior declaration of intent processed at a Hungarian embassy in a third country.
In 2020, using the restrictions related to the coronavirus pandemic as an argument, the Budapest government imposed additional requirements for migrants of certain nationalities or stateless persons arriving in the country seeking asylum. These migrants were redirected to the Hungarian embassies in Belgrade (Serbia) and kyiv (Ukraine) to process a prior permit before being able to apply for asylum in Hungary.
The Court of Justice of the European Union considers that this procedure established by Hungary constitutes a “manifestly disproportionate violation” of the right of applicants for international protection to request asylum from the moment they arrive at a Hungarian border. In addition, it points out that the requirement to submit a prior declaration of intent is not contemplated in the Directive and goes against its objective of guaranteeing effective, simple and rapid access to the procedure for granting international protection.
The Hungarian regulation violates the right to request asylum in the EU
The ruling issued by the court also warns that the Hungarian regulation violates the right to request asylum in the European Union, as guaranteed in the Charter of Fundamental Rights of the European Union. While acknowledging that Member States may derogate from the submission of asylum applications to limit the spread of contagious diseases, these measures must be proportionate.
The CJEU stresses that Hungary has not demonstrated that there are no other measures that make it possible to adequately reconcile the effectiveness of the right of migrants to submit applications for international protection on its territory or at its borders, and the fight against contagious diseases. The court emphasizes that it is necessary to find an appropriate balance between these aspects.
This ruling by the Court of Justice of the European Union calls on Hungary to modify its immigration policies and adjust to the laws and directives of the European Union on asylum. This ruling is expected to have a significant impact on the way EU Member States address the rights of migrants and refugees at their borders, and promote a fairer and more humane approach to protecting those seeking safety and security. in Europe.
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