Case C-521/25: Action brought on 31 July 2025 – European Commission v Hungary
Date: 2025-07-31
Institutions: Court of Justice
Subjects: detention before trial, fight against crime, illegal migration, infringement of EU law, national implementing measure, penalty, refugee, removal, trafficking in human beings








C_202504883EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/4883


15.9.2025






Action brought on 31 July 2025 – European Commission v Hungary


(Case C-521/25)

(C/2025/4883)
Language of the case: Hungarian

Parties


Applicant: European Commission (represented by: R. Onozó and J. Vondung, acting as Agents)

Defendant: Hungary

Form of order sought

The Commission claims that the Court should:






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declare that, by enacting the az embercsempészés bűncselekmény miatt elítéltek reintegrációs őrizetéről szóló 148/2023. (IV. 27.) kormányrendelet (Government Decree No 148/2023 of 27 April, on the reintegration detention of persons convicted of offences related to the smuggling of migrants), Hungary has failed to fulfil its obligations under Articles 1 and 3 of Council Directive 2002/90/EC (1) relating to the establishment of effective and dissuasive penalties, as well as its obligations under Article 1(1) and (3) of Council framework Decision 2002/946/JHA, (2) referring, also in the event of aggravating circumstances, to the imposition of effective and dissuasive criminal penalties.










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order Hungary to pay the costs.





Pleas in law and main arguments

The purpose of this action is to seek a declaration that Hungary has failed to fulfil its obligations under the Facilitators Package combatting migrant smuggling (specifically, Articles 1 and 3 of Council Directive 2002/90/EC and Article 1(1) and (3) of Council Framework Decision 2002/946/JHA) by enacting, on 27 April 2023, the Government Decree on the reintegration detention of persons convicted of offences related to the smuggling of migrants.
Under the Facilitators Package, Member States are required to establish effective, proportionate and dissuasive penalties for offences relating to the facilitation of unauthorised entry, transit and residence.
The Hungarian government decree stipulates that custodial sentences imposed in final judgments for the preparation or commission of the offence of smuggling migrants must, in principle, be converted into detention known as ‘reintegration’ detention when the criminal court has ordered, in addition to the deprivation of liberty, the expulsion of the convicted person.
Reintegration detention consists of the immediate release and departure from the prison of convicted persons and their obligation to leave Hungary for the country where they previously had their habitual residence or, if this is not known, the country of which they are nationals.
According to the Commission, the government decree creates a systemic risk of partial or almost total impunity for the offence of facilitation of illegal immigration, contrary to the obligation to establish dissuasive and effective criminal penalties provided for in the Facilitators Package combatting migrant smuggling, thereby undermining the effectiveness of EU law.
Furthermore, the Commission considers that the adoption of the government decree constitutes a particularly serious breach of law, as it seriously undermines the public interest in ensuring a high level of security within the area of freedom, security and justice and an effective immigration and border control policy.


(1)  Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ 2002 L 328, p. 17).

(2)  Council framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ 2002 L 328, p. 1).


ELI: http://data.europa.eu/eli/C/2025/4883/oj
ISSN 1977-091X (electronic edition)