Council of the European Union Brussels, 8 November 2018 (OR. en)

Similar documents
TEXTS ADOPTED. European Parliament resolution of 17 May 2017 on the situation in Hungary (2017/2656(RSP))

ANNEX ANNEX. to the COMMISSION IMPLEMENTING DECISION

EUROPEAN UNION. Strasbourg, 5 April 2011 (OR. en) 2009/0098 (COD) LEX 1180 PE-CONS 68/1/10 REV 1 FRONT 169 CIREFI 11 COMIX 844 CODEC 1579

ANNEX. to the. Commission Implementing Decision

Having regard to the opinion of the European Economic and Social Committee ( 1 ),

Council of the European Union Brussels, 12 June 2015 (OR. en) Permanent Representatives Committee (Part 2)/Council

***I REPORT. EN United in diversity EN. European Parliament A8-0345/

COMMISSION RECOMMENDATION. of

ANNEX. to the. Commission Implementing Decision

Council of the European Union Brussels, 24 October 2017 (OR. en)

Council of the European Union Brussels, 12 July 2016 (OR. en)

COUNCIL OF THE EUROPEAN UNION. Brussels, 11 June /08 Interinstitutional File: 2004/0209 (COD) SOC 357 SAN 122 TRANS 199 MAR 82 CODEC 758

9717/18 RS/dk 1 DGD 1

14663/10 PL/vk 1 DG G 2B

Council of the European Union Brussels, 5 October 2016 (OR. en)

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(3) thereof,

15th meeting of the Joint Council on Constitutional Justice MINI-CONFERENCE ON MIGRATION. Venice, Italy. 8 June 2016

RESOLUTION of the Sejm of the Republic of Poland. of 13 April 2016

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. laying down standards for the reception of asylum seekers.

***I POSITION OF THE EUROPEAN PARLIAMENT

Council of the European Union Brussels, 18 March 2016 (OR. en)

Proposal for a COUNCIL DECISION

12094/15 RD/DOS/vm DGD 1

THE HUNGARIAN GOVERNMENT S PROPOSAL ON THE STOP SOROS LEGISLATIVE PACKAGE

MOTION FOR A RESOLUTION

15466/15 RD/DOS/vm DGD 1

6020/17 LB/mdc 1 DG D 1 A

The European Parliament Vote on Article 7 TEU against the Hungarian government

11161/15 WST/NC/kp DGD 1

Annex 1 RECOMMENDATIONS

Council of the European Union Brussels, 14 January 2019 (OR. en)

From principles to action: UNHCR s Recommendations to Spain for its European Union Presidency January - June 2010

UNHCR Provisional Comments and Recommendations. On the Draft Amendments to the Law on Asylum and Refugees

9375/15 PB/NC/hc SJ DIR 4

COUNCIL OF THE EUROPEAN UNION. Brussels, 9 February 2010 (OR. en) 16945/09 SOC 754. LEGISLATIVE ACTS AND OTHER INSTRUMENTS Subject:

Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Strategy for equality between women and men: Frequently asked questions

PUBLIC COUNCILOF THEEUROPEANUNION. Brusels,25February2014 (OR.en) 6795/14 InterinstitutionalFile: 2010/0209(COD) LIMITE

on the proposal for a Regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights

8118/16 SH/NC/ra DGD 2

THE CHANGING INFLUX OF ASYLUM SEEKERS IN : MEMBER STATE RESPONSES HUNGARY

Committee on Civil Liberties, Justice and Home Affairs. on the Situation of fundamental rights in the European Union ( ) (2011/2069(INI))

Council of Europe contribution for the 15 th UPR session regarding Luxembourg

9117/16 JdSS/ml 1 DG D 1A

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DIRECTIVE

Proposal for a COUNCIL DECISION. establishing a Multiannual Framework for the European Union Agency for Fundamental Rights for

Proposal for a COUNCIL DECISION

Council of the European Union Brussels, 24 February 2016 (OR. en)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. on the right to interpretation and translation in criminal proceedings

10291/18 VK/PL/mz 1 DG B 1C

REGULATION (EU) No 439/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 May 2010 establishing a European Asylum Support Office

Council of the European Union Brussels, 12 September 2018 (OR. en)

COUNCIL DIRECTIVE 2010/18/EU

13093/18 PN/es 1 JAI.A

12913/17 EG/np 1 DGD 2C

EUROPEAN COMMISSION DIRECTORATE-GENERAL MIGRATION AND HOME AFFAIRS DIRECTORATE-GENERAL FOR JUSTICE AND CONSUMERS

Council of the European Union Brussels, 18 January 2019 (OR. en)

L 348/98 Official Journal of the European Union

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Ad-Hoc Query on effective appeals against entry refusal decisions (borders).

14652/15 AVI/abs 1 DG D 2A

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

13462/18 BN/cr 1 JAI.1 LIMITE EN

Council of the European Union Brussels, 24 July 2017 (OR. en)

Antitrust: Commission introduces settlement procedure for cartels frequently asked questions (see also IP/08/1056)

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(3) thereof,

1. Introduction Purpose and scope of the guidelines

NOTE GeneralSecretariat Delegations CreatingaUnifiedPatentLitigationSystem -ReflectionsontheBeneluxCourtofJustice

Guidance Note on the transposition and implementation of the EU Asylum Acquis. February 2014

15409/16 PL/mz 1 DG B 1C

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

COUNCIL OF THE EUROPEAN UNION. Brussels, 20 June 2014 (OR. en) 14011/2/13 REV 2 LIMITE COEST 284 NIS 56 PESC 1137 JAI 815 WTO 212 ENER 432

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Council of the European Union Brussels, 22 January 2016 (OR. en)

Council conclusions on an EU Framework for National Roma 1 Integration 2 Strategies up to 2020

COMMISSION OF THE EUROPEAN COMMUNITIES

Official Journal of the European Union L 94/375

WHY DO WE NEED A NATIONAL CONSULTATION?

EMN Ad-Hoc Query on Average cost and average length of reception for asylum seekers

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

Directorate of Human Dignity and Equality. Mr Viktor Orbán Prime Minister The Prime Minister's Office 1357 Budapest, Pf. 6.

Council of the European Union Brussels, 3 December 2018 (OR. en)

1. WHY THE PROPOSAL? Improving the national enforcement of the rules on Free Movement of Workers. 1. Why this proposal? 2. What are the main elements?

Reports of Cases. JUDGMENT OF THE COURT (Fourth Chamber) 30 January 2014 *

Final report Draft Implementing Technical Standards on penalties and measures under Directive 2009/65/EC (UCITS Directive)

6889/17 PL/VK/mz 1 DG B 1C

COUNCIL OF THE EUROPEAN UNION. Brussels, 2 June /10 FREMP 24 JAI 509 COHOM 143 COSCE 14

EN 4 EN ACTION FICHE FOR MIGRATION AND ASYLUM SPECIAL MEASURES 2008 ANNEX. 1. IDENTIFICATION Title/Number

Committee on Civil Liberties, Justice and Home Affairs. Committee on Civil Liberties, Justice and Home Affairs

Proposal for a COUNCIL DECISION

Council of the European Union Brussels, 30 May 2017 (OR. en)

Having regard to the Treaty on the Functioning of the European Union, and in particular point (d) of Article 77(2) thereof,

European Migration Network National Contact Point for the Republic of Lithuania ANNUAL POLICY REPORT: MIGRATION AND ASYLUM IN LITHUANIA 2012

ARTICLE 29 DATA PROTECTION WORKING PARTY

Proposal for a COUNCIL DECISION

***I DRAFT REPORT. EN United in diversity EN. European Parliament 2016/0225(COD)

Council of the European Union Brussels, 16 May 2018 (OR. en)

Transcription:

Council of the European Union Brussels, 8 November 2018 (OR. en) Interinstitutional File: 2018/0902(COD) 14022/18 LIMITE COVER NOTE From: To: The General Secretariat of the Council Delegations FREMP 190 JAI 1109 POLGEN 206 AG 30 Subject: Values of the Union - Hungary - Article 7 (1) Delegations will find in the Annex a Commission non-paper providing factual information on the values-related infringement proceedings in relation to Hungary. 14022/18 MMA/es

ANNEX The situation in Hungary Information on values-related infringement proceedings A. Introduction As explained by the European Commission in the European Parliament's plenary debate on 11 September 2018 on the situation in Hungary, the Commission is using all the instruments at its disposal to address concerns in the manner the Commission considers most effective. Unlike the European Parliament, the European Commission has a right under the Treaty on European Union to launch infringement procedures and, in the case of Hungary, has launched many value-related infringement proceedings. It is also using other instruments, including audits and investigations relating to the use of EU funds and actions through the European Semester, the EU annual cycle of economic policy coordination. B. On-going values-related infringement proceedings 1. NGO law 1 : On 7 December 2017, the European Commission decided to refer Hungary to the Court of Justice for failing to fulfil its obligations under the Treaty provisions on the free movement of capital, due to provisions in the NGO Law which indirectly discriminate and disproportionately restrict donations from abroad to civil society organisations. In addition to these concerns, the Commission is also of the opinion that Hungary violates the right to freedom of association and the rights to protection of private life and personal data enshrined in the Charter of Fundamental Rights of the European Union, read in conjunction with the TFEU provisions on the free movement of capital. The case is pending before the Court of Justice (case C-78/18). 2. Higher Education Law 2 : On 7 December 2017, the European Commission decided to refer Hungary to the Court of Justice on the grounds that the law as amended is not compatible with the freedom for higher education institutions to provide services and establish themselves anywhere in the EU. In addition, the Commission also remains of the opinion that the new legislation runs counter to the right of academic freedom, the right to education and the freedom to conduct a business as provided by the Charter of Fundamental Rights of the European Union and the Union's legal obligations under international trade law (the General Agreement on Trade in Services, GATS, in the framework of the World Trade Organisation, WTO). The case is pending before the Court of Justice (case C-66/18). Upon request of the Commission, the Court of Justice granted priority to the case. 1 European Commission press release IP/17/5003 2 European Commission press release IP/17/5004 14022/18 MMA/es 1

3. Asylum 3 : On 19 July 2018, the European Commission decided to refer Hungary to the Court of Justice concerning the compliance of national legislation with the requirements of the Asylum Procedures Directive. The Commission is of the opinion that the border procedure implemented by Hungary does not respect the maximum duration of 4 weeks in which someone can be held in a transit centre and fails to provide special guarantees for vulnerable applicants; moreover, according to the Commission, Hungary fails to provide effective access to asylum procedures as irregular migrants are escorted back across the border, even if they wish to apply for asylum. In addition, the indefinite detention of asylum seekers in transit zones without respecting the applicable procedural guarantees is in breach of the Reception Conditions Directive. Finally, the Commission considers that the Hungarian law does not comply with the EU's Return Directive as it fails to ensure that return decisions are issued individually and include information on legal remedies. 4. Relocation 4 : On 7 December 2017, the European Commission decided to refer Hungary to the Court of Justice for non-compliance with its legal obligations on relocation established by Council Decision 2015/1601. The case is pending before the Court of Justice (case C-718/17). 5. New legislation criminalising activities in support of asylum and residence applications 5 : On 19 July 2018, the European Commission addressed a letter of formal notice to the Hungarian authorities because it found that the criminalisation of support for asylum and residence applications and the related restraining measures are in violation of the Asylum Procedures Directive and the Reception Conditions Directive, Articles 20 and 21(1) TFEU and the Free Movement Directive, as well as the Charter of Fundamental Rights of the European Union. Moreover, the European Commission considers that the introduction of a new non-admissibility ground for asylum applications is a violation of the EU Asylum Procedures Directive. In addition, the new law and the constitutional amendment on asylum curtail the right to asylum in a way which is incompatible with the Asylum Qualifications Directive and the Charter of Fundamental Rights of the European Union. The Commission is now analysing the response of the Hungarian authorities. 6. Roma 6 : In May 2016, the European Commission launched infringement proceedings against Hungary for discrimination of Roma children in the field of education, on grounds of their ethnic origin. Hungary entered into a constructive dialogue with the Commission and has subsequently adopted legislative amendments to prevent segregation and has taken measures to desegregate. The Commission is currently monitoring the implementation of the new measures. 3 European Commission press release IP/18/4522 4 European Commission press release IP/17/5002 5 European Commission press release IP/18/4522 6 European Commission MEMO/16/1823 14022/18 MMA/es 2

C. Previous values-related issues 1. Equal treatment 7 : On 27 April 2017, the European Commission decided to send a reasoned opinion to Hungary for its failure to correctly and completely implement EU law on equal treatment of men and women in employment and occupation (Equal Treatment Directive as well as the Maternity Leave Directive). On 7 June 2018, the Commission decided to close the infringement procedure after Hungary had modified its legislation to meet the concerns expressed by the Commission. 2. Retirement age for judges: In a case brought by the European Commission, the Court of Justice ruled on 6 November 2012 that the abrupt and radical lowering of the retirement age for judges, prosecutors and notaries in Hungary violated EU equal treatment rules (Directive 2000/78/EC). According to the Court's judgment (case C-286/12), the forced early retirement of judges and prosecutors in the course of 2012 as well of the notaries in 2014 under a new Hungarian law constituted unjustified age discrimination 8. Following calls by the European Commission for Hungary to comply with the judgment as soon as possible, Hungary adopted changes to its law. On 20 November 2013, the Commission decided to close the infringement procedure 9. 3. Data Protection Commissioner: In a case brought by the European Commission, the Court of Justice ruled on 8 April 2014 (case C-288/12) that the abrupt termination the Hungarian Data Protection Commissioner s term in office constituted an infringement of the independence of the Hungarian Data Protection Authority and is hence in breach of EU law. In the context of a reorganisation of the data protection authority by the Hungarian government, the six-year term of the Data Protection Commissioner, appointed in 2008, was prematurely brought to an end in 2011 (instead of 2014) 10. Following the judgment, the former Data Protection Commissioner obtained material and moral compensation and he did not wish to be reinstated in his function, as required in principle. The Commission decided to close the infringement procedure. 4. Fourth Amendment: In 2013, the President of the European Commission sent a letter to Hungary raising concerns related to the compatibility with EU law of certain provisions of the Fourth Amendment to the Hungarian Fundamental Law 11 : 1) the ad-hoc tax for Court of Justice judgments entailing payment obligations, 2) the regime for transfers of cases between courts and 3) the restrictions on the publication of political advertisements, namely during European Parliament election campaigns. The Fifth Amendment to the Hungarian Fundamental Law amended the provisions concerned and addressed the concerns raised in the letter of 2013. 7 European Commission MEMO/17/1045 8 European Commission MEMO/12/832 9 European Commission press release IP/13/1112 10 European Commission MEMO/14/267 11 European Commission press release IP/13/329 14022/18 MMA/es 3

D. Other issues currently examined as to their compatibility with EU law 1. 25% NGO-tax: The European Commission is aware of the Hungarian law which entered into force on 25 August 2018 and which introduces a special immigration tax applicable to financial support for "activities facilitating immigration", defined as communication and networking activities presenting immigration in a favourable light, and in particular carrying out and participating in media campaigns, carrying out educational activities and trainings, carrying out propaganda activities and setting up and operating networks. The Venice Commission will deliver an opinion on the law in December 2018. The European Commission is currently analysing the situation. 2. Food for asylum seekers and migrants: The European Commission has received reports that the Hungarian authorities have not been providing food since early August 2018 to certain persons held in the transit zones in Röszke and Tompa at the Hungarian-Serbian border. On 17 September 2018, the Commission addressed an administrative letter to the Hungarian authorities requesting additional information. Following the answer of the Hungarian authorities, the Commission is currently monitoring the situation. 3. Justice reform: The European Commission is monitoring through the European Semester 12 the functioning of the Hungarian justice system, including the regime for appointment and promotion of judges, the organisation of the prosecution service and the envisaged setting up of a new administrative court system and assesses its compliance with EU law and European standards. * * * 12 See Country Report Hungary 2018, SWD(2018) 215 final, page 32 14022/18 MMA/es 4