EU's top court rules against Hungary in asylum rules case
The European Union's top court ruled on Tuesday that Hungary failed to fulfil its obligations under EU law with its rule that consider asylum applications inadmissible if the asylum seeker arrived to Hungary via a third country considered safe.
Secondly, the Court of Justice of the European Union found that Hungary also went against EU law by criminalising certain activities of providing assistance in making or lodging an application for asylum in its territory.
Budapest has lost a number of legal cases on migration at the EU's top court since nationalist Prime Minister Viktor Orban adopted his hardline policies following a 2015 rise in Mediterranean arrivals that caught the EU by surprise.
Orban's government had tightened asylum rules in the following years and has campaigned on a tough anti-immigration agenda, rejecting the notion of a multicultural society.
"First, the Court of Justice finds that Hungary has failed to fulfil its obligations... by allowing an application for international protection to be rejected as inadmissible on the grounds that the applicant arrived on its territory via a State in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed," the Court said in a statement.
It also said Hungarian legislation restricted the right of access to applicants for international protection and the right afforded to asylum seekers to be able to consult a legal adviser or other counsellor.
"The Court considers that such a restriction cannot be justified by the objectives relied on by the Hungarian legislature, namely the prevention of the assistance of misuse of the asylum procedure and of illegal immigration based on deception," it said.
Budapest has lost a number of legal cases on migration at the EU's top court since nationalist Prime Minister Viktor Orban adopted his hardline policies following a 2015 rise in Mediterranean arrivals that caught the EU by surprise.
Orban's government had tightened asylum rules in the following years and has campaigned on a tough anti-immigration agenda, rejecting the notion of a multicultural society.
"First, the Court of Justice finds that Hungary has failed to fulfil its obligations... by allowing an application for international protection to be rejected as inadmissible on the grounds that the applicant arrived on its territory via a State in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed," the Court said in a statement.
It also said Hungarian legislation restricted the right of access to applicants for international protection and the right afforded to asylum seekers to be able to consult a legal adviser or other counsellor.
"The Court considers that such a restriction cannot be justified by the objectives relied on by the Hungarian legislature, namely the prevention of the assistance of misuse of the asylum procedure and of illegal immigration based on deception," it said.
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.