The European Commission Refers Hungary to CJEU [1]
On November 12, 2021, the European Commission referred Hungary to the Court of Justice of the European Union (CJEU) and requested the CJEU to impose financial sanctions on Hungary for its failure to comply with a CJEU ruling. According to a European Commission press release [3], Hungary did not address the CJEU’s findings in Case C-808/18 Commission v. Hungary [4] with regard to Hungary’s legislation on the rules and practice in the transit zones at the Serbian-Hungarian border, as well as Hungary’s breach of the Asylum Procedures Directive [5], the Reception Conditions Directive [6], and the Return Directive [7]. In that case, the Commission initiated infringement procedures against Hungary for its asylum legislation--specifically, that it lacks the possibility to refer to new facts and circumstances, does not respect the right to interpretation and translation in international criminal proceedings, and does not ensure judicial independence. The CJEU ruled that Hungary, by creating a practice that limits the number of applicants authorized to enter the Röszke and Tompa transit zones, “establish[ed] a system of systematic detention of applicants for international protection in the transit zones of Röszke and Tompa,” “allowing the removal of all third-country nationals staying illegally in its territory,” and setting non-EU law compliant conditions for exercising the right to remain, has breached its obligations under the EU law. The November referral to the CJEU is based on Hungary's failure to implement the CJEU's findings in Case C-808/18.