The European Court of Justice (ECJ), on Thursday, again declared parts of Hungary’s restrictive asylum system unlawful, deeming it illegal for the country to deport migrants without examining each individual case.
The country is thus in breach of obligations under the EU directive on repatriations, the court found.
The European Commission had launched legal proceedings against the asylum regulations of Hungarian Prime Minister, Viktor Orban’s nationalist government.
According to the institution, which is responsible for member state’s compliance with EU law, there is no guarantee that deportation decisions in Hungary are issued individually and that migrants receive information on legal remedies.
There is a risk “that migrants will be returned without the appropriate safeguards and in violation of the principle of non-refoulment’’.
Non-refoulement is the principle that “no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm’’, according to the Office of the United Nations High Commissioner for Human Rights.
The ECJ has now largely ruled in favour of the European Commission, finding that the Hungarian authorities did not observe the procedures and guarantees provided for.