EC launches infringement procedure against Hungary

EU

The European Commission has opened an infringement procedure regarding recently adopted Hungarian asylum legislation, as the EC has found the Hungarian legislation in some instances to be incompatible with EU law, the commission said in a press release on its website today. 

The infringement specifically involves the recast Asylum Procedures Directive (Directive 2013/32/EU) and the Directive on the right to interpretation and translation in criminal proceedings (Directive 2010/64/EU), the statement says. 

“The Commission had already examined the legislative amendments adopted by the Hungarian Parliament in July and September 2015 and sent an administrative letter outlining our preliminary concerns to the Hungarian authorities ,” however, the commission still has concerns, the statement says. 

The ECʼs concerns include firstly the lack of a “possibility to refer to new facts and circumstances in the context of appeals and that Hungary is not automatically suspending decisions in case of appeals - effectively forcing applicants to leave their territory before the time limit for lodging an appeal expires, or before an appeal has been heard ”.

Secondly,  “regarding rights to translation and interpretation, the Commission is concerned the Hungarian law on fast-tracked criminal proceedings for irregular border crossings does not respect provisions of the Directive on the right to interpretation and translation in criminal proceedings, which ensures that every suspect or accused person who does not understand the language of the proceedings is provided with a written translation of all essential documents, including any judgment ”, the statement by the EC says. 

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