Today, the Commission decided to refer Hungary to the Court of Justice of the European Union for not fulfilling its obligations under the Directive 2002/90/EC and the Framework Decision 2002/946/JHA. Hungarys decree converts prison sentences for migrant smuggling into reintegration detention, allowing quick release and requiring the convicted to leave the country. The Commission believes this undermines the EU legislations objectives.
Furthermore, the decree lacks adequate guarantees for executing the sentence outside Hungary. Thus, the Commission has decided to refer Hungary to the Court of Justice.
Background
A formal notice was sent to Hungary on 14 July 2023, followed by a response on 14 September 2023, which the Commission deemed inadequate. A reasoned opinion was issued on 3 October 2024. Hungarys response on 11 December 2024 did not address the concerns, leading to this referral to the Court.
For More Information
Directive 2002/90/EC and Framework Decision 2002/946/JHA
On the EU infringement procedure
Infringement procedure Hungary INFR(2023)2095