The European Commission initiated infringement proceedings against Hungary in three cases

The European Commission initiated infringement proceedings against Hungary in three cases. As part of the initiation of one of the procedures, the Brussels body calls on Hungary as well as Spain to comply with the rules on highway concession contracts.

According to the Commission

Hungary’s 35-year concession was not transparent with regard to the estimated value, did not transfer the appropriate operational risk, and was extended for an unreasonably long time in violation of EU law.

Hungary has two months to respond to the Commission, which may decide to send a reasoned opinion, which means the continuation of the procedure, reports hvg.hu.

The other issue is the refugee issue. The Commission drew attention to the fact that the Hungarian government did not implement the decision of the Court of Justice of the European Union (CJEU), which stated that Hungary, by not providing third-country nationals or stateless persons with effective access to the international protection procedure, breached the Directive on common procedures for granting and withdrawing international protection. They complained that according to Hungarian rules, third-country nationals can only apply for asylum at a Hungarian embassy outside the European Union.

The EC initiated the third procedure because the Commission still does not consider the Lex CEU to be compatible with EU rules. They stipulated that there should be an international agreement with the country in which they are based, and that they should also have conducted educational activities in the United States.

The Commission therefore sent a letter of notice to Hungary, and two months were given for a response. In the absence of an adequate response, a lawsuit may be initiated against Hungary in this case as well, at the end of which financial sanctions can be expected. In practice, this means a daily fine from October 20, 2020 until the day of compliance with the judgment.

The hvg notes that due to the Lex CEU and the Asylum Act, Hungary may be subject to financial sanctions not only because of the possible judicial decision. The European Commission withholds more than one and a half billion euros from the seven-year EU budget precisely because the government does not align its own legal order with that of the European Union.