Status: 22.09.2022 2:05 p.m
According to the European Court of Justice, Hungary’s restrictive right to asylum violates EU law. The competent authority must examine applications themselves.
Germany was also reprimanded by the ECJ.
Hungary is once again violating EU law on an asylum issue. The judgment of the European Court of Justice (ECJ). Specifically, it was about a Syrian refugee who was stripped of his protection status without justification.
The Syrian was recognized as a refugee in Hungary in 2012. In 2019, however, his status was revoked. The asylum authority decided this on the basis of two opinions from the Office for the Protection of the Constitution and the Defense against Terrorism. The reason given by the security authorities was a “danger to national security” due to confidential information.
Asylum authorities must examine applications
According to Hungarian law, those affected in such a case can only inspect the files after the decision has been made and after approval. The reasons for the decision are not given. The asylum authority is obliged to reject an application for international protection or to revoke the status if the Hungarian security authorities request it – without giving reasons.
A court in Budapest has now asked the ECJ whether the regulation is compatible with EU law. The latter answered in the negative, on the grounds that the rights of defense of the person concerned were not sufficiently safeguarded. These also apply if information in the file cannot be disclosed for security reasons.
It is solely the task of the asylum authority to examine the asylum application. This must justify its decision and may not simply implement decisions made by other authorities. In previous judgments, the court had already overturned a significant part of the Hungarian asylum system.
Germany must not suspend the deadline
The ECJ also ruled on the German asylum procedure: The deportation period of six months applies and cannot be suspended. The Federal Ministry of the Interior had argued that the deadline had been suspended due to the Corona measures.
The Federal Republic is therefore responsible for the applications of three asylum seekers, although they entered the country via another EU country. Because of the pandemic, the asylum seekers were not sent back to the country of first entry in time.
The Federal Administrative Court makes the final decision
In 2019, the three victims came to Germany via Italy. According to the Dublin III rules, Italy is responsible for asylum applications. They should therefore be brought back to Italy. But that didn’t work because Italy had suspended repatriations because of the pandemic. Meanwhile, the deadline passed.
The ECJ thus confirmed the opinion of a German court. The Federal Administrative Court can now make a final decision.
Pro asylum welcomes decision
The refugee organization Pro Asyl welcomed the verdict. “This is an important ruling for refugee protection in Europe, which gives those affected legal certainty,” said Wiebke Judith, head of the Law & Advocacy team.
The judges have ensured that a country cannot arbitrarily suspend deadlines for the transfer of refugees to another EU country. “The people affected must now finally get a substantive asylum procedure in Germany,” said Judith.
(Case C-159/21)