Today, Advocate General Rantos delivered his opinion in an infringement procedure initiated by the European Commission against Hungary in July 2018. The Advocate General held that the criminalisation of assistance to asylum-seekers violates the law of the European Union. While the judges of the Court are not bound by the opinion, it is an important step towards abolishing the infamous “Stop Soros” Act passed by the Hungarian Parliament in June 2018. Following their victory at the general election of 2018, the ruling Fidesz party made good on their promise to intimidate those who work to defend the fundamental rights of asylum seekers. In the lead-up to the election, the Prime Minister announced in a speech that they will seek to “take revenge in ethical, political and legal terms” against the “agents of George Soros”, that is, independent non-governmental organisations. The adoption of the impugned legislation was one of the first such steps. It also fitted in the government’s already ongoing crackdown on civil society. The  amendment to the Criminal Code  made it punishable by up to one year in prison to provide legal assistance to asylum-seekers and third country nationals staying in Hungary illegally. The absurd language of the law....

This post was originally published on Magyar Helsinki Bizottság.