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The European Commission has referred Hungary to the Court of Justice of the European Union for failing to comply with EU rules on imprisonment for migrant smuggling, the Brussels body said on Wednesday.
According to the statement, the European Commission has referred Hungary to the Court of Justice of the European Union, because in disregard of its obligations under the relevant EU directive, it has failed to impose “effective, proportionate and dissuasive” penalties for unauthorized entry, transit, and residence into the EU (migrant smuggling). Also, they said Hungary did not do what it was supposed to under a Council Framework Decision setting out criminal penalties for these crimes.
They recounted that
in April 2023, Hungary adopted a government decree providing for the general reclassification of prison sentences for the crime of human smuggling as “reintegration detention.”
As a result, persons convicted of such offenses will be released from prison, even if they have served only a small part of their sentence. Those concerned must leave Hungary within 72 hours in order to serve their reintegration detention in their country of previous habitual residence or nationality.
The European Commission found that this violates the obligations under the relevant Council Directive to impose appropriate penalties, which must be effective and dissuasive, even in the presence of aggravating circumstances. The infringement procedure was launched by the European Commission on July 14, 2023, with a letter of formal notice to Hungary, in which it found that the Hungarian government decree violated the obligations under the EU legal framework on facilitating the entry of foreign nationals into the EU.
According to the Commission’s position, the Hungarian government decree seriously undermines the objective of effectively addressing human smuggling, the deterrent effect of the EU legal framework on facilitation, and the joint EU efforts to combat human smuggling. Furthermore, the government decree does not provide adequate guarantees regarding the conditions, monitoring, and enforcement of reintegration detention outside Hungary, the EU body said.
Consequently, as explained, there is no guarantee that the punishment will be enforced in the country of previous habitual residence or nationality.
The European Commission now stated that since the Hungarian authorities’ efforts so far are not enough, it is taking Hungary to the European Court of Justice.
The decree caused an uproar in international politics as well with then Austrian Foreign Minister Alexander Schallenberg summoning the Hungarian Ambassador over the issue. Mr. Schallenberg stated the Hungarian government’s decision was an “entirely wrong signal” and demanded full clarification.
Via MTI, European Commission; Featured photo via Pixabay
