Answer given by Mr Reynders on behalf of the European Commission
In the case of Hungary, the Commission has had the occasion to explain that it shares a number of concerns expressed by the European Parliament in its reasoned proposal of 12 September 2018 triggering Article 7(1) of the Treaty on European Union procedure.
The Commission has already shown that it is determined to use the instruments at its disposal to address the concerns raised by certain measures. In particular, the Commission has launched a number of infringement proceedings against Hungary, inter alia, for violations of
the rights of migrants and asylum seekers.
The judgment (1) of 17 December 2020 of the Court of Justice of the EU is a comprehensive indictment of legislation introduced by Hungary in 2015 and 2017 in the field of asylum and migration. The Commission sent a letter of formal notice to Hungary on 9 June 2021 for failing to comply with that ruling. Moreover, on 25 July 2019, the Commission decided to refer Hungary to the Court of Justice (2) for its so-called ‘Stop Soros’ legislation criminalising assistance offered to third-country nationals wishing to apply for international protection and restricting the right to asylum in a way that the Court of Justice has already ruled to be contrary to EU law (3).
Also, on 18 February 2021, the Commission decided to send a reasoned opinion concerning legislation requiring third country nationals to make a declaration of intent at a Hungarian representation outside the European Union and be issued with a special entry permit for the purpose of making an application for international protection.
1 Commission v Hungary, C-808/18, EU:C:2020:1029.
2 Case C-821/19, pending.
3 Judgment of 14 May 2020, FMS, C-924/19 PPU and C-925/19 PPU, EU:C:2020:367.See question(s) : E-001636/2021 Source : © European Union, 2021 – EP
Source: Answer to a written question – How is Hungary’s containment policy regarding illegal immigration incompatible with the Treaties? – E-001636/2021(ASW)