EU Court Rules Hungary’s migrant-smuggler release scheme breaches EU law

In a Thursday judgment, the EU’s highest court concluded that Hungary breached Union law by turning custodial sentences for migrant smuggling into a “special reintegration custody”. The 2023 decree permits foreign convicts to be freed after serving only a small portion of their term, obliging them to exit Hungary within three days for supervision in their country of residence or citizenship. The European Commission initiated infringement action in July 2023, claiming the rule contravenes the EU’s anti-smuggling directive and the framework decision on penalties.

After a series of exchanges, the Commission filed a lawsuit, finding Hungary’s response inadequate. The court agreed, stating the sanction lacks the required deterrent effect and proportionality, and may allow smugglers to evade meaningful punishment.