ECJ: Hungary violates EU law with asylum rules
Significant parts of the Hungarian asylum system have already been overturned by the European Court of Justice in the past. Now the country is violating applicable EU law with another asylum rule.
After a ruling by the European Court of Justice, Hungary violates another asylum rule against EU law. Judges in Luxembourg ruled on Thursday that the right to information of people seeking protection who pose a threat to national security is being unlawfully restricted in the country (Case C-159/21).
Of the ECJ has already overturned significant parts of the Hungarian asylum system in previous judgments.
The background to the current decision is the case of a Syrian who Hungary refugee status was revoked. The reason for this was the unfounded assessment by two authorities, according to which the person concerned endangered national security. The man appealed against the decision, after which a Hungarian court appealed to the ECJ.
The highest EU-The court has now ruled that in a case like this it is unlawful that the person concerned or his legal adviser should only be granted post-authorisation access to information the disclosure of which would jeopardize the country's national security and not even the reasons for the disclosure the decision in question would be mentioned. In addition, the responsible asylum authority should not rely solely on unfounded opinions from other authorities when making its decision.