Controlling irregular migration: international human rights standards and the Hungarian legal framework

Daniel Gyollai*, Anthony Amatrudo

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

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Abstract

In the summer of 2015 Hungary constructed a 175 km long barbed-wire fence at its southern border with Serbia. New criminal offences and asylum procedures were introduced that limited access to refugee status determination and ignored agreed EU asylum policy, deterring and de facto preventing asylum seekers from entering Hungarian territory. This paper provides an analysis of these new measures, which criminalized asylum seekers, and the subsequent Hungarian policy in relation to the case law of the European Court of Human Rights – arguing that the Hungarian authorities excessively abused their discretion in implementing these new policies of immigration and border control.
Original languageEnglish
Pages (from-to)432-451
Number of pages20
JournalEuropean Journal of Criminology
Volume16
Issue number4
Early online date11 May 2018
DOIs
Publication statusPublished - 1 Jul 2019

Keywords

  • asylum, crimmigration, human rights, Hungary, irregular/illegal migration, non-refoulement

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