European Commission Refers Hungary to EU Court Over Human Trafficking Policy
Hungary faces legal action for releasing 2,297 human traffickers under emergency regulations.
The European Commission has officially referred Hungary to the Court of Justice of the European Union for its controversial decision to release human traffickers.
This action follows a government regulation that allowed 2,297 traffickers to be set free between April 2023 and August 2024, on the condition that they leave Hungary within 72 hours.
According to the Commission, this move contravenes European Union laws regarding effective and proportional penalties for crimes related to human trafficking.
The Brussels-based institution stated that Hungary failed to impose 'effective, proportionate, and dissuasive' sanctions related to illegal entry into EU territory, as well as unauthorized transit or residence within the EU. Furthermore, Hungary has neglected its obligations arising from relevant EU directives concerning legal frameworks for penalizing such crimes.
In April 2023, the Hungarian government enacted a decree that reclassified penalties for human trafficking offenses, which resulted in the early release of convicted traffickers, even if they had served only a fraction of their sentences.
The government justified this decision by citing the need to alleviate overcrowding in prisons.
However, the European Commission has criticized this as undermining the objective of effectively dealing with human trafficking.
The enforcement of this regulation reportedly led to a tenfold increase in the number of migrants entering Austria unlawfully from Hungary, raising significant concerns about the implications for regional security and migration management.
In response to the situation, the Austrian government summoned the Hungarian ambassador to discuss the matter.
The Commission initiated this infringement procedure on July 14, 2023, issuing a letter of formal notice to Hungary.
It asserted that the Hungarian regulation compromises the EU's legal framework concerning the facilitation of illegal entry into the bloc.
According to the Commission, the government's actions severely weaken the EU's collective efforts to combat human trafficking and diminish the deterrent effect of existing laws.
Moreover, the decree does not provide adequate safeguards regarding the conditions, monitoring, and execution of reintegration measures for those traffickers released outside Hungary.
As a result, the Commission remains concerned that the penalties for human trafficking may not be enforced effectively in the traffickers' countries of origin or habitual residence, further complicating the EU’s unified strategy to address this issue.
This action follows a government regulation that allowed 2,297 traffickers to be set free between April 2023 and August 2024, on the condition that they leave Hungary within 72 hours.
According to the Commission, this move contravenes European Union laws regarding effective and proportional penalties for crimes related to human trafficking.
The Brussels-based institution stated that Hungary failed to impose 'effective, proportionate, and dissuasive' sanctions related to illegal entry into EU territory, as well as unauthorized transit or residence within the EU. Furthermore, Hungary has neglected its obligations arising from relevant EU directives concerning legal frameworks for penalizing such crimes.
In April 2023, the Hungarian government enacted a decree that reclassified penalties for human trafficking offenses, which resulted in the early release of convicted traffickers, even if they had served only a fraction of their sentences.
The government justified this decision by citing the need to alleviate overcrowding in prisons.
However, the European Commission has criticized this as undermining the objective of effectively dealing with human trafficking.
The enforcement of this regulation reportedly led to a tenfold increase in the number of migrants entering Austria unlawfully from Hungary, raising significant concerns about the implications for regional security and migration management.
In response to the situation, the Austrian government summoned the Hungarian ambassador to discuss the matter.
The Commission initiated this infringement procedure on July 14, 2023, issuing a letter of formal notice to Hungary.
It asserted that the Hungarian regulation compromises the EU's legal framework concerning the facilitation of illegal entry into the bloc.
According to the Commission, the government's actions severely weaken the EU's collective efforts to combat human trafficking and diminish the deterrent effect of existing laws.
Moreover, the decree does not provide adequate safeguards regarding the conditions, monitoring, and execution of reintegration measures for those traffickers released outside Hungary.
As a result, the Commission remains concerned that the penalties for human trafficking may not be enforced effectively in the traffickers' countries of origin or habitual residence, further complicating the EU’s unified strategy to address this issue.
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