Judgment of the European court of justice – EU provides Hungary to the PrangerDie government of Orban is due to the permanent state of emergency law and of dealing with asylum seekers in the criticism. Stephan Israel from Brüssel34 Kommentare34EU justice Commissioner Vera Jourova cares about the rule of law and democracy in Hungary. Photo: Francois Lenoir (Reuters)

It is not easy to keep track of the proceedings against the EU member Hungary. This time it went before the European court of justice (ECJ) to four asylum seekers from Iran or from Afghanistan who had come via Turkey, Bulgaria and Serbia to Hungary. The authorities are holding the four men in a container camp in the border area to Serbia. For the judges in Luxembourg, a clear violation of EU law.

Against the infamous Hungarian transit camps Röszke another procedure before the ECJ is running. The EU Commission has sued the country in the framework of an infringement procedure, because the bearings failed in the view of Brussels, in principle, with EU law. On Thursday, the EU Parliament debated the state of emergency law, imposed by the government due to the Corona-crisis. Unlike in other EU member States head of government Viktor has the special Orban fully made by the Parliament perpetual grant leave.

elastic clause against critics

“In the EU, we are now beginning a new Phase, where specific measures for the protection of the public health gradually be relaxed,” said EU justice Commissioner Vera Jourova. This is all the more important in Hungary, because there is a limit to this idea. Brussels to intervene against the Hungarian state of emergency law. “The case of Hungary stirs particular Worries,” said Jourova now. The measures were not only permanent, but more far-reaching than in other countries. Jourova referred to a rubber paragraph that the dissemination of false news can be punished with imprisonment of up to five years.

Hungary is no longer a democracy, ruled this week the government’s independent NGO Freedom House. On Wednesday, the Hungarian police has taken, among others, an activist of the liberal opposition party’s Momentum in the small town of Gyula temporarily fixed, after it had criticized on Facebook the health Minister for his statement, in regional hospitals, 30’000 places for Corona-free patients. The statement should have led to countless care to the needy on the street made.

Orban unimpressed

head of government, Orban is shown by the criticism from Brussels, so far, unimpressed. The four asylum seekers who have received from the ECJ, now with your right to take legal action, according to a Hungarian presentation as a volunteer in the transit zone to Serbia. The ECJ evaluates the detention of the four men, clearly as an adhesive. The conditions in the transit zone constituted a deprivation of liberty. In particular, because the persons concerned could leave the transit zone on his own volition lawfully in any direction. The Hungarian court had dismissed the applications of four asylum seekers on the grounds that they are traveling on safe third country, Serbia in.

Unfazed by the criticism from Brussels: Hungarian Prime Minister Viktor Orban. Photo: Bernadett Szabo (Reuters)

Serbia rejected it, however, the four men to take back what is Hungary for the Return of Afghanistan and Iran began as a country of destination. Even so, the four asylum seekers would have to expect a return to Serbia with sanctions. The four men could not leave the transit zone over Serbia, because this would be considered by the Serbian authorities as illegal, the judge at the ECJ. At the same time, asylum-seekers would lose to a departure from the transit zone in any view to recognition as refugees in Hungary.

It should be under EU law, although possible, asylum applicants recorded in the border area. This, however, only for four weeks. The arrest was made without giving a reason and without the examination of individual cases.

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