Commission refers HUNGARY to the Court of Justice of the European Union for not complying with EU legislation on migrant smuggling

Commission refers HUNGARY to the Court of Justice of the European Union

Today the Commission decided to refer Hungary to the Court of Justice of the European Union for failing to fulfil its obligations under the Council Directive 2002/90/EC to impose effective, proportionate and dissuasive sanctions for the offence of facilitation of unauthorised entry, transit and residence into the EU (migrant smuggling) and under the Council Framework Decision 2002/946/JHA that sets rules for criminal penalties regarding these offences.

In April 2023, Hungary adopted a Government Decree which provides for the general conversion of custodial sentences related to migrant smuggling offences into “reintegration detention”. As a consequence, persons convicted of migrant smuggling offences are released from prison even if they served only a minor period of their sentence, and are required to leave the Hungarian territory within 72 hours to serve their “reintegration detention” in the country of their former habitual residence or of nationality. The Commission considers that this breaches the obligations under Articles 1 and 3 of Council Directive 2002/90/EC to impose appropriate sanctions, and under Articles 1(1) and 1(3) of Council Framework Decision 2002/946/JHA to impose effective and dissuasive penalties, also in cases with aggravating circumstances. This Government Decree undermines the objective to effectively tackle migrant smuggling, the deterrent factor of the EU Facilitators legislation and the joint EU efforts in countering migrant smuggling.

Moreover, the Government Decree does not provide adequate guarantees regarding the conditions, monitoring and enforcement of the “reintegration detention” outside Hungary. The application of the sentence in the other countries of former habitual residence or nationality is therefore not ensured.

The Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Hungary to the Court of Justice of the European Union.

Background

A letter of formal notice was sent to Hungary on 14 July 2023, where the Commission considered that Government Decree 148/2023 breaches the obligations under the EU Facilitators legislation.

Hungarian authorities replied to the letter of formal notice on 14 September 2023. The Commission however found that the reply did not raise any new valid argument and therefore did not satisfactorily address the grievances. On 3 October 2024, the Commission decided to proceed with a reasoned opinion, considering that Hungary continued to be in breach of its obligations under Articles 1 and 3 of Council Directive 2002/90/EC, and under Article 1 paragraphs 1 and 3 of Council Framework Decision 2002/946/JHA.

The Hungarian authorities replied to the reasoned opinion on 11 December 2024. According to the Commission, the reply provided does not satisfactorily address the concerns raised in the letter of formal notice and in the reasoned opinion. Therefore, the Commission, has decided to refer Hungary to the Court of Justice.

For More Information

Directive 2002/90/EC and Framework Decision 2002/946/JHA

On the EU infringement procedure

Infringements database

May 2025 infringement package

Infringement procedure Hungary INFR(2023)2095