EU Court Rules Out Hungarian Legislation That Allows Taking Decision on One’s Case File Without Providing Sufficient Reasoning

EU Court Rules Out Hungarian Legislation That Allows Taking Decision on One’s Case File Without Providing Sufficient Reasoning

The Court of Justice of the European Union has precluded the Hungarian legislation that allows access to the case file only by obtaining an authorisation and without providing the reasoning for the decision.

According to a press release by the authority, EU rules prohibit the authority responsible for examining applications for international protection to issue decisions based on non-rational opinions for cases linked to national security, SchengenVisaInfo.com reports.

The case of GM, who was given a custodial sentence by the Hungarian court for a drug trafficking offence. The same person had filed an application for asylum in Hungary and was granted refugee status in June 2012 by Fővárosi Törvényszék.

Following up on a decision adopted in July 2019, theNational Directorate-General for Aliens Policing, Hungary, OrszágosIdegenrendészeti Főigazgatóság withdrew GM’s refugee status and refused to grant him subsidiary protection status previously granted by other directives, while applying the principle of non-refoulment to such case.

The decision issued by two Hungarian specialist bodies, the Alkotmányvédelmi Hivatal (Constitutional Protection Office) and by the Terrorelhárítási Központ (Counter-terrorism Centre), was non-based, which those two authoritiesdecided that GM’s stay represented a danger to national security. GM brought an appeal against that decisionbefore the referring court.

Findings of the court show that the Member States must establish in the national law procedures and guarantee that the rights of defence of the persons concerned are included and respected.

Hungary is currently dealing with another issue, as the European Commission has proposed the cut-off of €7.5 billion in funds for this country. The proposal was submitted by the Commissioner for EU’s budget, Johannes Hahn, and is expected to be discussed by the Council and later the Parliament in one month or by the end of the year.

This decision comes after Hungary has failed to address some major issues within the country, including declarations about refugees, pushbacks and deporting them, and just refusing to accept them in the country. In addition, Hungary has imposed fewer sanctions on Russia, which doesn’t align with the EU’s politics.

In April, the Hungarian government was accused of reporting inflated numbers of Ukrainian refugees in the country in an effort to secure more funds from the European Union.

“In its quest for additional funds from the EU, the Hungarian government uses the most impressive number it can find. However, it has to provide for a far smaller number in reality since a high number of Ukrainian refugees move on to other countries,” the co-chair of the Helsinki Committee, Márta Pardavi, noted.

On March 29, the Hungarian government revealed that a total of 7,947 asylum applications were lodged to the authorities in just a month, indicating Ukrainian nationals were leaving the warzone and reaching Hungary.

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