The European Commission referred Hungary to the Court of Justice on Thursday over "legislation that criminalizes activities in support of asylum applications and further restricts the right to request asylum," according to Politico Europe.
Brussels also said Hungary was not providing enough food to people being held in migrant transit zones on its border with Serbia.
The EU first began an "infringement procedure" against Hungary over its increasingly hostile asylum laws in December 2015, but that escalated last year after Prime Minister Viktor Orban launched his "Stop Soros" legislation in June.
The law claims the Hungarian-born American Jewish billionaire George Soros is supporting illegal migration.
"The Hungarian legislation curtails asylum applicants' right to communicate with and be assisted by relevant national, international and non-governmental organizations by criminalizing support to asylum applications," said the Commission in a statement.
Brussels also said Hungary introduced new criteria for eligibility, which restricted the right to asylum to people arriving in the country from a place where their lives or freedoms are at risk so essentially no one is eligible to apply.
"Therefore, these inadmissibility grounds curtail the right to asylum in a way that is not compatible with EU or international law," the Commission said.
The "Stop Soros" legislation also targets organizations, NGOs, and individuals who provide assistance to asylum seekers.
Budapest said it would go ahead with implementing the law despite Brussels' concerns, but the Commission was also sending Orban a warning letter on Thursday, which is the first step that could result in a court case.
The EU executive said that the detention conditions facing the migrants, “in particular the withholding of food, do not respect the material conditions set out in the Return Directive and the Charter of Fundamental Rights of the European Union.”
Orban's government told EuroNews it was prepared for the court case and "continues to stand by the "Stop Soros" legislative package" and that it "is ready for the lawsuit."
"The Hungarian people made it clear in a referendum as well as in national and European parliamentary elections that they reject immigration and want to protect European Christian culture."
"The government firmly believes that the “Stop Soros” legislative package and the constitutional amendment reflect the will of the Hungarian people, and also comply with the provisions of the Geneva Conventions, the Schengen Agreement and the Dublin Convention," it added.
-WN.com, Maureen Foody
Photo:
AP / Darko Vojinovic
