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EU raps Hungary over asylum law

10 December 2015, 20:48 CET
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EU raps Hungary over asylum law

Refugees - Photo EC

(BRUSSELS) - The European Commission on Thursday said it had opened infringement proceedings against Hungary over a new law which allegedly prevents failed asylum seekers from winning appeals to stay.

The Commission, the executive arm of the 28-nation bloc, said it was concerned the law was "incompatible" with EU rules as it denied asylum seekers the chance to present "new facts and circumstances" on appeal.

It said it had sent a letter informing Budapest it had opened the procedure, which could result in legal action in the European Court of Justice.

Hungary immediately accused the Commission of "politically-motivated revenge" over its legal challenge to an EU quota system for distributing 160,000 migrants among member states.

Prime Minister Viktor Orban's government has already come under EU fire for its hardline stance as Europe struggles with its biggest inflow of migrants and refugees since World War II.

The law was "effectively forcing applicants to leave their territory before the time limit for lodging an appeal expires, or before an appeal has been heard," the Commission said.

It was also concerned that a person was not guaranteed a personal hearing if his or her asylum application was rejected.

Orban's chief-of-staff Janos Lazar denounced the move as "politically-motivated revenge by the Commission for Hungary attacking the EU's mandatory quota decision at the European Court".

Last week, Budapest said it had filed a legal challenge over the EU's quota plan which it fiercely opposes along with several other central and eastern members of the bloc.

"Hungary's asylum rules conform with its constitutional and human rights commitments," he said, adding Budapest will reply to the Commission and may even take legal action of its own.

The Commission said the Hungarian government has two months to respond to the letter.

If it fails to reply or gives an unsatisfactory answer, the Commission can refer the matter to the ECJ, the bloc's top court.

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