Hungary Extends Abusive Migration State of Emergency

Hungary’s government has extended until December 31 the “state of crisis caused by mass migration,” prolonging an emergency regime introduced in 2016 despite the absence of the conditions that could justify its continued use. Prime Minister Péter Magyar announced on September 4 that the government would extend the measure, which was due to expire on September 7. Magyar said the four-month extension would allow the government time to negotiate with European Union institutions on new legislation that would maintain strict border controls while complying with EU law. The state of crisis enables exceptional measures—including summary removals of asylum seekers and migrants across the border fence without an individual procedure—that violate EU and human rights law. The government’s plan to extend the state of crisis is linked to Hungary’s longstanding failure to comply with EU asylum law. In 2024, the Court of Justice of the European Union ordered Hungary to pay €200 million and an additional €1 million for every day it failed to comply with a 2020 judgment concerning access to international protection and unlawful removals. Since the formation of the new Hungarian government in May, Brussels and Budapest have discussed whether allowing temporary migration measures to lapse as well as repealing the 2016 legislation could help bring Hungary into compliance and end the accumulating financial penalties. The current Hungarian government inherited an asylum system that effectively denied access to international protection and was marked by serious rights violations. In addressing those issues and ensuring compliance with EU and human rights law, it should not perpetuate the previous government’s practice of using exceptional legal regimes in place of ordinary lawmaking. Hungary can protect its borders without retaining an emergency regime that enables practices already found contrary to EU law. The European Commission should press Hungary to comply with EU asylum law and outstanding Court of Justice of the European Union judgments and ensure that any replacement legislation respects refugee and human rights law. The Hungarian government should end the state of crisis, ensure effective access to asylum, and bring Hungary’s asylum system into compliance with EU and international law. Necessary legislative and policy reforms can and should be carried out through ordinary democratic procedures that allow for appropriate parliamentary and public scrutiny.