Border procedure (border and transit zones)

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Hungarian Helsinki Committee Visit Website

In 2017, the border procedure regulated in Section 71/A of Asylum Act was used only until the amendments to the Asylum Act entered into force on 28 March 2017. The amendments prescribe that due to the current state of mass migration emergency the provisions on border procedures are no longer applicable.^[1]  However, Hungary had a de facto border procedure: whilst qualified by the Hungarian authorities as a regular procedure in the transit zones, the European Commission in the infringement procedure against Hungary noted that it indeed constitutes a border procedure, which is not in compliance with the EU law. The CJEU confirmed that Hungary has failed to fulfil its obligations under EU law by unlawfully detaining applicants of international protection in transit zones.^[2] In practice, this de facto border procedure is no longer applied either, as following the CJEU judgement transit zones were closed on 21 May 2020 and the border procedure is still suspended due to the state of mass migration emergency.

^{[1] Section 80/I(i) Asylum Act.}

^{[2] CJEU, Judgment of the Court (Grand Chamber) of 17 December 2020, European Commission v Hungary, C-808/18, 17 December 2020, available here.}