EC takes Hungary to court over ‘Stop Soros’ law
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The European Commission has decided to refer Hungary to the Court of Justice of the European Union over its “Stop Soros” package of laws, initiating the third phase of the ongoing infringement procedure in connection with that legislation.
Having deemed that the Hungarian government had not done enough to address its concerns, the EC decided to take the case to the Luxembourg-based court.
The infringement procedure was launched in July 2018.
In a statement, the EC said the new law and a related constitutional amendment were not compatible with EU law. Criminalising activities that support asylum and residence applications restricts the right to request asylum, it added.
“The Hungarian legislation curtails asylum applicants’ right to communicate with and be assisted by relevant national, international and non-governmental organisations by criminalising support to asylum applications”, the EC said.
The EC reasoned that the law excessively restricts EU citizens’ right to free movement and fails to take into consideration the rights of those affected as well as guarantees afforded to them under EU law.
The EC has also decided to send a letter of formal notice to Hungary concerning the withdrawal of food provisions for people detained in Hungarian transit zones at the border with Serbia who are waiting to be expelled from the country. The EC found that detention conditions in the Hungarian transit zones does not respect the material conditions set out in the Return Directive and the Charter of Fundamental Rights of the European Union.
“In view of the urgency of the situation, the deadline for Hungary to respond to the Commission’s concerns is set to 1 month, after which the Commission may decide to follow-up by sending a reasoned opinion,” the statement said.