The Hungarian Helsinki Committee welcomes the decision of the European Commission to refer Hungary to the Court of Justice of the European Union (CJEU) for what the Hungarian government calls the ’Stop Soros’ act. The Commission also decided to launch a new infringement procedure for withholding food from those detained in the transit zones.
In the framework of the Guardianship Advanced Instruments for child protection in Europe (G.A.IN.), funded by the European Commission and in partnership with Save the Children Italy, the HHC produced the Toolkit for child protection experts on unaccompanied minors.
Exactly one year ago, amendments to the Hungarian asylum system came into force that drastically reduced the chances of genuine asylum-seekers to receive protection by fundamentally altering the asylum procedure.
Hungary started to deprive of food some third-country nationals detained in the transit zones started in August 2018. After 5 such cases successfully challenged by the HHC with obtaining interim measures from the European Court of Human Rights (ECtHR), the Hungarian Immigration and Asylum Office (IAO) promised in August 2018 to discontinue this practice and provide food to all asylum-seekers in the transit zone.
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On 15 March, the European Court of Human Rights (ECtHR) again had to issue an emergency decision and order the Hungarian government to give food to migrants in detention in the transit zone at the southern Hungarian border.
The Constitutional Court (CC) held today that the Criminal Code amendment by the “Stop Soros” package is constitutional. Although the CC concluded that it would be unacceptable if those who selflessly assist asylum seekers were penalised, it is still not sufficiently clear what is allowed and what is forbidden by the law.