European Commission opens infringement procedure against Hungary concerning its asylum law

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The European Commission has addressed a letter of formal notice to Hungary, opening an infringement procedure concerning recent amendments to the Hungarian asylum legislation. The Commission has found the Hungarian legislation in some instances to be incompatible with EU law.

FIDH advocated for the opening of this infringement procedure and will follow the process in detail. A report following FIDH’s mission of enquiry in Hungary (25-31 October), looking at different aspects related to the respect for the rule of law and human rights in the country, including in the field of asylum, will be published shortly.
The Hungarian authorities now have two months to respond to the arguments put forward by the Commission.

If Hungary fails to reply or provides unsatisfactory arguments, the Commission can send a ’reasoned opinion’ to Hungary. If necessary, the Commission may then refer the case to the Court of Justice of the EU. FIDH will continue to advocate for the extension of the procedure to other aspects whose compatibility with EU law and human rights is uncertain.

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