Restrictions on the right to free movement in Hungary

5.2.2018

Question for written answer P-000656-18
to the Commission
Rule 130
Péter Niedermüller (S&D)

The Hungarian Government has made available a draft legislative package entitled ‘Stop Soros’ for public debate.

According to the proposal, ‘anyone whose stay in Hungary goes against Hungary’s national security interests or endangers the public interest’ can be banned from approaching within 8 kilometres of the EU’s external border as determined by the Schengen Borders Code through a simple ministerial administrative decision — for an indefinite period.

It states that the rule also applies to anyone engaged in an activity which helps non-EU citizens illegally to enter and stay or supports them financially; according to the proposal, this also means helping asylum-seekers living in Hungary. Adoption of the proposal will also mean that representatives and experts from civil organisations helping migrants can also be banned from approaching the border.

In the light of the above, I should like to ask the following:

Is it possible under EC law for an administrative decision taken by a Member State to result in EU citizens being excluded from part of their own country?

In the Commission’s view, do individuals and organisations helping asylum-seekers applying for international protection pose a threat to national security and the public interest?