C-808/18: CJEU rules that Hungary has failed to fulfil its obligations under EU law regarding the granting of international protection and return of unlawfully staying TCN’s

On 17 December 2020, the Grand Chamber of the CJEU ruled in case C-808/18, Commission v. Hungary, that Hungary had failed to fulfil its obligations under EU law. Hungary has failed to fulfil its obligations under the Procedures Directive (Directive 2013/32), Reception Directive (Directive 2013/33) and Qualification Directive (Directive 2008/115):

–        in providing that applications for international protection from third-country nationals or stateless persons who, arriving from Serbia, wish to access, in its territory, the international protection procedure, may be made only in the transit zones, while adopting a consistent and generalised administrative practice drastically limiting the number of applicants authorised to enter those transit zones daily;
–        in establishing a system of systematic detention of applicants for international protection in the transit zones of Röszke and Tompa, without observing the guarantees provided for in Article 24(3) and Article 43 of Directive 2013/32 and Articles 8, 9 and 11 of Directive 2013/33;
–        in allowing the removal of all third-country nationals staying illegally in its territory, with the exception of those of them who are suspected of having committed a criminal offence, without observing the procedures and safeguards laid down in Article 5, Article 6(1), Article 12(1) and Article 13(1) of Directive 2008/115;
–        in making the exercise by applicants for international protection who fall within the scope of Article 46(5) of Directive 2013/32 of their right to remain in its territory subject to conditions contrary to EU law.

Photo: triin, May 2007, Flickr (CC)

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