Author
In 2017, the border procedure 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amendments prescribe that due to the current state of mass migration emergency the provisions on border procedures are no longer applicable, since the procedure in the transit zones became a regular procedure and all asylum seekers have to remain in the transit zone until the end of the procedure. In 2019 and 2020, the use of border procedure was still suspended.[1] However, Hungary had a de facto border procedure: whilst qualified by the Hungarian authorities as a regular procedure, 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, de facto border procedure is no longer applied, as following the CJEU judgement transit zones were closed on 21 May 2020.
[1] For more details, see AIDA, Country Report Hungary, 2017 Update, February 2018, 41 et seq.
[2] CJEU, Judgment of the Court (Grand Chamber) of 17 December 2020, European Commission v Hungary, C-808/18, 17 December 2020, ECLI:EU:C:2020:1029.