Hungary’s Policy and Practice on Illegally Staying Migrants

Abstract

This study explores Hungary’s policies and practices regarding persons illegally present in the country. It introduces Hungary’s unique legal and practical framework resulting from legal amendments aimed at regaining control of the external borders of the EU and the various judicial fora where these provisions have been tested. The study indicates that the policy framework was incompatible with EU and international human rights law, simultaneously discussing the Hungarian Constitutional Court’s decision regarding the state’s obligation in the case of the incomplete effectiveness of the joint exercise of competences in the field of fighting illegal migration. Moreover, it describes the framework of escorting illegally staying migrants through the Serbian border instead of conducting regular return procedures. In addition to analysing the individual cases and regulatory elements, the study indicates that the results of Hungarian measures in practice and whether it is worthwhile to consider these experiences during the EU migration reform processes should not be overlooked.