Deportation violates the rights of immigrants

ECJ judgment - Hungary's asylum policy violates EU law

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  • The European Court of Justice has once again declared parts of the asylum system in Hungary to be illegal.
  • The Hungarian police send refugees without valid papers back across the border without further investigation. That violates EU law.
  • Hungary's right-wing national government under Viktor Orban has been pursuing a deterrent against migrants for years. The European Court of Justice has already intervened several times.

The European Court of Justice (ECJ) ruled that it was inadmissible for Hungary to deport illegally entered migrants without examining the individual case. In doing so, the country is violating obligations under the EU directive on returns.

The background is a lawsuit by the EU Commission against the asylum rules of the right-wing national government of Prime Minister Orban. In the opinion of the authority responsible for compliance with EU law, there is no guarantee that decisions on returns will be issued individually and that migrants will receive information on legal remedies. There is a risk that “migrants will be returned without the appropriate guarantees and in violation of the principle of non-refoulement”.

Forced deportation

The European Court of Justice has now largely agreed with the EU Commission. The Hungarian authorities failed to respect the procedures and guarantees provided. Rather, the migrants are forced by police officers behind a fence on a strip of land without infrastructure, which is only a few meters away from the border with Serbia. Since those affected had no choice but to leave the Hungarian territory, this would be equivalent to deportation. Instead, according to EU law, there must be a return procedure in which certain guarantees are taken into account.

The EU Commission's complaint was also directed against the now closed transit camps and the asylum procedures on the border with Serbia that were valid until recently. The ECJ declared the transit camp unlawful in another procedure in May. As a result, Hungary closed the camps and introduced new rules. In their judgment on Thursday, the judges confirmed that the transit camps violated EU law.

EU wants to control implementation

In the meantime, new rules stipulate that those seeking protection can no longer apply for asylum at the border with Serbia, but have to present themselves to Hungary's embassies in Belgrade or Kiev. There you can submit a declaration of intent to submit an asylum application. They may then be given a one-off permit to enter Hungary. In October, the EU Commission initiated new infringement proceedings against these rules because access to the asylum procedure was not guaranteed.

The Hungarian Helsinki Committee, which provides legal assistance to refugees and migrants in Hungary, welcomed the judgment. According to the police, around 50,000 people were forced back to Serbia in four and a half years, often with the use of force.

A spokesman for the EU Commission announced that they would now write a letter to the Hungarian authorities and ask what steps are now planned. They want to make sure that the judgment is implemented.

SRF 4 News, December 17, 2020, 11 a.m.; dpa / bers; hosb

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  • Comment from Josephk Ernstk (Joseph Ernst)
    More returns need to be made. The laconic declaration that the countries are not cooperating is too simple. The West pays immense development funds and it is incomprehensible that a solution cannot be found through this route. Either way, the population never benefits, only the elite. Congo-Kinshasa! The Kabilas are very rich and control more than 120 mining licenses for valuable minerals (gold, diamonds, copper, cobalt)!
    Agree agree to the comment
  • Comment from Alois Keller (eyko)
    Escape to Europe: Cold, gruesome game at the border - EU is watching. In the north of Bosnia, refugees are trying to cross the border into Croatia. Again and again people are brought back to Bosnia by the Croatian border guards. Most of them have no chance of asylum because there is no war in their country. Why are these people not freed from this horror and brought back to their countries or flown? The EU would have to lend a hand.
    Agree agree to the comment
    1. answer from John Livers (John Livers)
      There are people in Europe who want immigration !!
      Agree agree to the comment
    2. Show answers
  • Comment from Margot Helmers (Margot Helmers)
    The EUGH is somehow detached from reality if you read the article in the world today: "European asylum system When it comes to illegal migration, Germany is shedding the role of broker".
    Agree agree to the comment

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