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Commission refers HUNGARY to the Court of Justice of the European Union for unlawfully restricting access to the asylum procedure

Today the Commission has decided to refer Hungary to the Court of Justice of the European Union for unlawfully restricting access to the asylum procedure in breach of Article 6 of the Asylum Procedures Directive (Directive 2013/32/EU), interpreted in light of Article 18 of the Charter of Fundamental Rights of the European Union.

Article 6 of the Asylum Procedures Directive requires Member States to ensure that non-EU nationals and stateless persons located in their territory, including at their borders, are able to exercise in an effective manner the right to apply for international protection.

According to the requirement in Hungarian law, before being able to apply for international protection in Hungary, non-EU nationals must first make a declaration of intent stating their wish to apply for asylum at a Hungarian Embassy outside the European Union and be issued with a special entry permit for that purpose.

The Commission considers that this requirement is an unlawful restriction to access the asylum procedure and is contrary to the Asylum Procedures Directive, read in light of the Charter of Fundamental Rights, as it precludes persons who are on Hungary's territory, including at the border, from applying for international protection there.

The Commission also considers that addressing the COVID-19 pandemic, which is the stated objective of the Hungarian law, cannot justify such a rule.

The Commission is therefore referring Hungary to the Court of Justice of the European Union.

Click here for the full press release

 

Original article link: https://ec.europa.eu/commission/presscorner/detail/en/IP_21_3424

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