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EU Judges Balk at Hungarian Deal Freeing Migrant Smugglers

The court said automatic release and a 72-hour departure rule did not provide proportionate or deterrent punishment for people-smuggling convictions.

  • On Thursday, the Court of Justice of the European Union ruled that Hungary violated European Union law by allowing 2,525 convicted people smugglers to trade prison sentences for a 72-hour deadline to leave the country.
  • Authorities introduced the release scheme via government decree in April 2023, citing crowded prisons and taxpayer costs while invoking emergency powers linked to the Ukraine war to justify the controversial measure.
  • The Luxembourg-based court found the system failed to provide effective, proportionate penalties, noting in its French-language judgment that "a person placed in special reintegration detention is not deprived of liberty."
  • Although Hungary repealed the decree on August 19, 2025, the CJEU ruled that the country breached European Union law while the scheme operated, requiring Hungary to pay legal costs and take steps to comply.
  • Future failure to comply could trigger a request for financial penalties from the European Commission, as the court warned the policy undermined the effectiveness of European Union migration and border-control policies.
Insights by Ground AI

17 Articles

Lean Left

Hungary has breached EU law by automatically transforming sentences with execution for traffickers into "special detention for reintegration", which in practice means the release and expulsion of convicted persons, the Court of Justice of the European Union (CJEU) decided on Thursday, writes MTI, taken over by Agerpres. The Luxembourg court supported the European Commission's action against Hungary, noting ...

·Romania
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Right

Great was the excitement in the EU when in 2023 the then Prime Minister Viktor Orbán condemned foreign tugs in Hungary by decree over 2000. With the measure, the government in Budapest wanted to relieve the overcrowded Hungarian prisons a little bit. The EU Commission saw this as a violation of EU law. Now the European Court of Justice has passed a judgment.

·Vienna, Austria
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Center

A decree adopted under Viktor Orbán transforms the prison sentence of migrant traffickers into a simple return to their country. A practice deemed incompatible with European law. ...

·Brussels, Belgium
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Lean Left

More than 2,000 criminals were released following a 2023 decree by Orbán.

·Hungary
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  • 63% of the sources lean Left
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Heti Világgazdaság broke the news in Hungary on Tuesday, October 13, 2026.
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