The criminalisation of assistance to asylum seekers in Hungary (within the context of the judgement Commission v. Hungary, C-821/19)
DOI:
https://doi.org/10.18042/cepc/rdce.71.07Abstract
In the judgment Commission/Hungary (C-821/18), the Court of Justice has analysed for the first time the implications arising from the criminalisation of the assistance provided to irregular migrants and applicants for international protection. This case undoubtedly raises the need to limit the application of criminal law in the field of immigration. The Court of Justice has clearly shown that the contested national legislation unjustifiably restricts the effectiveness of the rights guaranteed by the ‘Procedures’ and the ‘Reception Conditions’ Directives. Also, the criminalisation of assistance to applicants for international protection can also have a deterrent effect in relation to people or organizations that seek to promote changes in legislation or claim that national rules are incompatible with EU law.
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